Daniel is a Staff Attorney at the Electronic Frontier Foundation. He is part of EFF's intellectual property team and focuses on substantive patent reform. Before joining EFF, Daniel was a Residential Fellow at Stanford Law School's Center for Internet & Society where he represented writers, painters, filmmakers, and others who rely on fair use to create their art and scholarship.
Daniel previously practiced at Keker & Van Nest, LLP, where he represented technology clients in patent and antitrust litigation. He served as a law clerk to Justice Susan Kenny of the Federal Court of Australia and to Judge William K. Sessions, III of the District of Vermont. Daniel has a B.A. in Philosophy from the University of Western Australia, an M.A. in philosophy from Rutgers, and a J.D. from Yale Law School.
Patent trolls — companies that assert patents as a business model instead of creating products — have been in the news lately. This is hardly surprising, given that troll lawsuits now make up the majority of new patent cases. And the litigation is only the tip of the iceberg: patent trolls send out hundreds of demand letters for each suit filed in court. At the Electronic Frontier Foundation, we have been following this issue closely and are working hard to bring reform to fix the patent mess. Read more » about Trolls and Tribulations
Last week's decision in Authors Guild v. HathiTrust -- upholding the Mass Digitization Project (MPD) -- was a big victory for fair use. The MDP is a project where university libraries and Google have together digitized over 10 million books to allow for full-text searches, preservation, and access for people with print disabilities. When the Authors Guild sued for copyright infringement, HathiTrust defended the suit by arguing that the MDP is fair use.
Judge Baer upheld the MDP. His decision recognizes that the project is a massive public good: it is a tool for scholarship, prevents the loss of our cultural heritage, and provides unparalleled access for the visually impaired. Significantly, he found that these educational purposes are "transformational" in a way that supports fair use. Read more » about Fair Use Prospers on Campus
The Australian government has proposed sweeping changes to its surveillance and national security laws. The government’s wish list includes mandatory data retention, surveillance of social networks, criminalization of encryption, and lower thresholds for warrants. As it seeks to expand its surveillance powers, the government also wants to dilute oversight by jettisoning record-keeping requirements. This week I submitted detailed comments opposing the changes to the Joint Parliamentary Committee on Intelligence and Security. Read more » about Australia Moves To Massively Expand Internet Surveillance
We filed an amicus brief in the Second Circuit on behalf of The Andy Warhol Foundation for the Visual Arts urging the appeals court to reverse a district court decision that ignored established fair use principles that many artists rely upon in creating their work. Read more » about Cariou v. Prince
The FUP filed this suit on behalf of a University of Denver conductor and others, challenging Congress’s restoration of copyright to works that had entered the public domain. Read more » about Golan v. Holder
Amicus brief filed in the Second Circuit on behalf of The Andy Warhol Foundation for the Visual Arts urging the appeals court to reverse a district court decision that ignored established fair use principles that many artists rely upon in creating their work. Read more » about Cariou v. Prince - Amicus Brief
"Daniel Nazer, a lawyer with the Electronic Frontier Foundation, told me yesterday that Nasser's project is clearly within the bounds fair use. "It is entirely non-commercial and it seems very unlikely someone would follow that account as a substitute for watching the actual movie (both important factors for a fair use analysis)," he said." Read more » about How the 'Top Gun' Twitter Crashed and Burned
"According to Daniel Nazer, a lawyer at San Francisco's Electronic Frontier Foundation, details of Cisco's settlement aren't available, so it isn't possible to predict whether Innovatio's tactics will continue, as places using routers from other companies than Cisco aren't likely to be covered by the settlement." Read more » about Cisco Systems spent almost $16 million fighting patent claim
""We are outraged that Personal Audio is seeking to invade the privacy and associational rights of hundreds of our donors," wrote Nazer. "As we explain in our motion, the First Amendment protects our donors’ right to privacy, and Personal Audio’s supposed need for the information does not trump those rights."" Read more » about Podcasting “patent troll” fighting EFF wants donors’ names
"Daniel Nazer, an attorney at the Electronic Frontier Foundation, said, “The Electronic Frontier Foundation applauds the New York Attorney General for working to protect New York businesses from abusive patent troll practices. The settlement announced today is a major step forward in the fight against patent trolls and will help protect some of the most vulnerable targets of patent trolling activities. It is extremely important that small and medium businesses that typically can’t afford expensive patent counsel not be subjected to deceptive and misleading patent letters. Read more » about Groundbreaking patent-abuse settlement
"“There’s a lot of these really broad, abstract patents where the only concrete thing is `do it on a processor, or do it on a computer, or do it on the Internet,’” said Daniel Nazer, a lawyer with the Electronic Frontier Foundation, which generally opposes software patents and has been following Alice v. CLS closely. “Saying `do it on a computer,’ without coming up with detailed and specific material solution, isn’t enough.”" Read more » about Supreme Court Prepares To Wade Into `La Brea Tar Pits' Of Software Patents
Staff Attorney, Electronic Frontier Foundation
Right of publicity law is a mess. Courts apply a variety of tests and apply these tests inconsistently to different forms of media. At the same time, the right of publicity impacts a wide range of speech--from movies, to computer games, to baseball cards. Uncertainty about the relevant standards makes it difficult to advise clients about the scope of the right. Read more » about The Right of Publicity in the Digital Age
Daniel Nazer Staff Attorney, Electronic Frontier Foundation
Jonathan Blavin Partner at Munger, Tolles & Olson
• First Amendment and public figures in sports games
• Cheating and hacking in online game play
MCLE Registration: 5:00 - 5:30 p.m.
Program 5:30 - 6:30 p.m. Read more » about Recent Issues and Challenges in Video and Social Gaming Law
This week, David Levine interviews Daniel Nazer, a Staff Attorney on the Electronic Frontier Foundation’s intellectual property team, focusing on patent reform. Read more » about Daniel Nazer - Hearsay Culture Show #197 - KZSU-FM