Daniel is a Staff Attorney and Mark Cuban Chair to Eliminate Stupid Patents at the Electronic Frontier Foundation. He is part of EFF's intellectual property team and focuses on 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
"The Innovation Act isn't an ideal fix for the program patent system. "It's largely a measure to reform patent litigation, but it doesn't do enough to improve the quality of patents," says Daniel Nazer, an attorney with the Electronic Frontier Foundation, which would prefer to see software patents abolished." Read more » about Patent trolls are on the run, but not vanquished yet
""While we are encouraged by the FTC’s work, this is one (long-awaited) action against a single troll," wrote Daniel Nazer at the Electronic Frontier Foundation. "We still need broader reform to deal with low-quality patents and widespread patent trolling."" Read more » about FTC ends first case against a “patent troll” with a slap on the wrist
""If suing him makes no economic sense, then it makes no sense to sue any podcaster," notes Nazer. "We hope that Personal Audio’s public statements on this issue mean that it has truly abandoned threatening and suing podcasters."" Read more » about Adam Carolla settles with podcasting patent troll, agrees to ‘quiet period’
""We're looking down the road," said Daniel Nazer, an attorney at the Electronic Frontier Foundation, which supports patent reform. "When the bill died in the Senate, pretty much everyone involved in the debate either gave up and looked to the next Congress, or breathed a big sigh of relief."" Read more » about Patent Overhaul Effort Stalls
"“The kindest thing you could say about it is it’s a publicity stunt,” Nazer said. Regarding the Lacey Jonas character, Nazer dismissed the character entirely as a generic “troubled starlet.” “I think even if they had openly portrayed Lindsay Lohan, that it should still be protected by the first amendment. But they didn’t, so suit is not even a close call,” Nazer added." Read more » about Lindsay Lohan's 'GTA 5' Lawsuit: 'The Kindest Thing You Could Say Is It’s A Publicity Stunt'
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