Chilling Effects Weather Reports Adam Holland, May 13, 2013
Abstract: A Massachusetts court is hearing a case triggered by a DMCA takedown notice in which the sender admitted that they new the recipient had a fair use claim.
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 Woodrow Hartzog, The Atlantic, May 10, 2013
Abstract: Chilling Effects regularly receives notices wherein people are seeking the removal, either from search engines or from hosting sites, of pornographic images of themselves that have "escaped" to the larger Internet. From time to time the images are even being disseminated by others on purpose, with malicious intent.
Given the ease with which digital technology and the Internet allow material to be copied, shared and stored, this is a challenging problem, to say the least.
This article from The Atlantic takes a look at one way in which to do it.
http://www.withoutmyconsent.org/ takes another approach.
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Chilling Effects, May 06, 2013
Abstract: Here at Chilling Effects, we try to stay abreast of what’s going on in the world of takedown notices, copyright law, and related technology. So much is changing, and so rapidly, that it can sometimes be a real challenge. We’ll link to news stories we found especially interesting in our “News Feed” which you can find to the right of the home page. That being said, there have been so many recently, on so m any important issues, that we wanted to call your attention to them en masse. Please consider this the cream off the top of what we’re reading on the web recently.
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 EFF.org, Electronic Frontier Foundation, May 01, 2013
Abstract: [Chilling Effects is especially interested in Criteria #2] The Electronic Frontier Foundation’s Second Annual Report on
Online Service Providers’ Privacy and Transparency Practices Regarding Government Access to User Data "When you use the Internet, you entrust your online conversations, thoughts, experiences,locations, photos, and more to companies like Google, AT&T and Facebook. But what happens when the government demands that these companies to hand over your private information? Will the company stand with you? Will it tell you that the government is looking for your data so that you can take steps to protect yourself?
The Electronic Frontier Foundation examined the policies of 18 major Internet companies"
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Adam Holland, April 25, 2013
Abstract: Or is it at least wearing out? We think so.
We look at some recent events that suggest copyright law is so far behind reality that it's time for a new one. Some fairly highly placed people agree.
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Tim Cushing, TechDirt, April 18, 2013
Abstract: We'd like to call your attention to a great article by Tim Cushing at TechDirt that both illustrates the importance and usefulness of Chilling Effects and also demonstrates the consequences of the increasingly automated and streamlined DMCA takedown process.
When it's easy, it's also easy to abuse.
Please click through and read, and consider what research you might be able to do with our database.
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Ernesto, TorrentFreak, April 16, 2013
Abstract: A fascinating article from TorrentFreak, examining why content rightsholders spend all their efforts going after Google, rather than the actual host of allegedly infringing content.
"Over the past month Google removed more than 125,000 kat.ph URLs from its search index. KickassTorrents on the other hand received only 2,536 DMCA requests in the same period. In total Google received 1,344,885 takedown requests for KickassTorrents URLs while the site itself was asked to take down “only” 278,864."
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Adam Holland, April 15, 2013
Abstract: Conflicting reports on the current state and activities of the copyright-dependent industry call certain assumptions in to question.
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Adam holland, April 11, 2013
Abstract: In which requests to Google to remove links include a link to a takedown notice already sent, possibly triggering an infinitely recursive series.
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Adam Holland, February 27, 2013
Abstract: A Canadian reporter posted an unflattering audio clip of a big company's conference call onto a US website. The company filed a DMCA notice with the host to get it removed, asserting copyright in the recording. So far, the host, Chirbit has left the clip up, asserting that it is a fair use.
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 Adam Holland, February 25, 2013
Abstract: As regular Chilling Effects visitors and reader know, the controversial “Six strikes” copyright enforcement regime likely rolls out in the U.S. today. Prepare to be “educated” and maybe throttled, but never disconnected.
Not that you’d know about the roll-out from ISPs, of course, who have been playing this very close to the vest. And not that anyone knows for sure what the penalties will be.
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 Adam Holland, February 22, 2013
Abstract: Retraction Watch's Anil Potti posts are back up, but the situation remains very strange.
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Adam Holland, February 20, 2013
Abstract: Did you see the videos of the Russian meteor explosion?
The videos breaking YouTube's view records? If you live in Germany, maybe you couldn't. It turns out that most, if not all, of the videos of the meteor that exploded over Chelyabinsk recently, all of which were captured on the ubiquitous Russian dashboard cameras, are blocked in Germany.
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Adam Holland, February 07, 2013
Abstract: It has been a wild week or so in the DMCA takedown world.
Chilling Effects discusses a variety of recent stories.
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 Adam Holland, January 25, 2013
Abstract: Google has updated their Transparency Report yet again, this time to include a wealth of new data on requests from law enforcement, broken down by the type of request”
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Adam Holland, January 24, 2013
Abstract: In the latest installment of an on-going controversy, a French court orders Twitter to disclose the names of the users responsible for anti-Semitic tweets.
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Adam Holland, January 10, 2013
Abstract: Jonathan McIntosh’s celebrated remix, Buffy vs. Edward has been a classic example of a fair use for years. Nevertheless, at the end of 2012, it was blocked from YouTube due to a copyright claim from Lionsgate Films. Despite McIntosh’s best efforts to make the parties aware of the facts, and of the video’s clearly fair use of the material in question, the video remains down.
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Adam Holland, January 07, 2013
Abstract: We examine Jason Farago's recent paean to government censorship of certain types of speech, as well as his suggestion that Twitter get on board with censorship too; along with Glenn Greenwald's reply.
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Adam Holland, December 19, 2012
Abstract: Victoria's Secret responds to culture-jamming activists and critics with a DMCA-based shutdown of their entire web presence. We’re trying something new here at Chilling Effects today. We are going to take an in-depth look at a particular take-down notice, one that is especially interesting or newsworthy, or both, and try to tease out and examine all of its implications, policy, cultural and otherwise. We plan to do this on a regular basis, and hope it will become a regular feature of the site. So without further ado, "The Takedown Of The Week".
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Adam Holland, December 13, 2012
Abstract: Google updates their Transparency Report, and reveals that the volume of notices they receive has increased exponentially.
Not only is there a lot more data, there is new granular information about it, and it's now possible to download it.
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David Kravets, WIRED Online, December 12, 2012
Abstract: Individuals whose mugshots have been published on mugshot aggregation websites are trying a new way of getting those images taken down, one rooted in the right of publicity.
Chilling Effects actually sees quite a lot of takedown requests that have to do with these mugshot sites. Most often they are requests having to do with removing content from them, or to stop linking to them, but occasionally they are transparent attempts to draw even greater scrutiny to the mugshots in question.
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Adam Holland, Jalopnik, December 12, 2012
Abstract: Ferrari, seeking to control its designs and how they are publicized, takes down not just an unauthorized image of a modded Ferrari, but the entire website on which the image was hosted.
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Adam Holland, December 04, 2012
Abstract: Hello, Chilling Effects visitors, and a special welcome to those of you coming here, perhaps for the first time, from this article at TorrentFreak. If you've been trying to use the site today and have noticed that it is a bit slow, please note that we received a surge in traffic after the above mentioned article, which contains various links to Chilling Effects, was published, and our servers are doing their best to cope with the load. That being said, if we have to have a problem, this is the kind we want to have, because this is what Chilling Effects is all about, bringing DMCA requests like this out into the public eye where they can be scrutinized.
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Adam Holland, November 28, 2012
Abstract: In what has been described as a "landmark" ruling, an Australian court has found Google, Inc. liable for defamation, specifically libel, for not removing links from its search engine when asked to.
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Adam Holland, November 21, 2012
Abstract: American sculptors Claes Oldenburg and Coosje van Bruggen (now deceased) have issued a DMCA takedown notice to Wikipedia, concerning 59 photographs of examples of their work.
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Adam Holland, November 05, 2012
Abstract: On Friday November 2, in a Tweet, Twitter announced a new policy regarding how it would handle tweets regarding which it received a copyright complaint.
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Adam Holland, Chilling Effects, October 26, 2012
Abstract: UPDATED 11/02/12 Following close on the heels of its first ever geo-specific blockage in Germany last week, Twitter has recently received a request from the French Jewish Students Union- L’Union des Etudiants Juifs de France (UEJF), as well as from J’accuse !... - action internationale pour la justice (AIPJ) to suppress any content tagged with the hashtag "#unjuifmort" and to render access to Twitter impossible for those responsible including both the creator of the tag and the founder of the movement. To wit: "Mes clientes vous demandent en conséquence officiellement par la présente, et au besoin vous mettent en demeure d'agir promptement pour supprimer ces contenus manifestement illicites ou d'en rendre promptement l'accès impossible." More details can be found in the notice itself. Chilling Effects will post more information as it becomes available.
UPDATED 11/02/12
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Chilling Effects Team, October 22, 2012
Abstract: Chilling Effects is pleased to be able to announce a new partnership with Behance.
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Adam Holland, October 19, 2012
Abstract: For the first time since they announced their ability to do so in January of 2012, Twitter has blocked access to a Twitter user's tweets on a country-specific basis.
As of Thursday October 18, 2012, Twitter users in Germany will not be able to view the tweets from the far right-wing organization "Besseres Hannover".
Twitter's move to block Besseres Hannover comes at the request of the German government, who forced the group to disband, and sought, among other goals, the complete closure of all of the group's social media accounts.
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Melissa Harris, Chicago Tribune, October 19, 2012
Abstract: Brian Fitzpatrick is a veteran Google Chicago engineer who majored in Latin but has become an expert in government censorship of the Internet. Two years ago his team of five engineers, all working in Chicago, began tallying and helping publish the number and types of government requests Google receives to remove content from its products or turn over information about users. Thanks to this team, we now know that online censorship comes from dictatorships and democracies alike.
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Adi Kamdar, EFF, EFF Press release, October 11, 2012
Abstract: San Jose, CA - On Tuesday, October 16, at 3 p.m., the Electronic Frontier Foundation (EFF) will urge a federal judge in San Jose, California to rule that Universal Music Corp. violated the law when it sent YouTube a takedown demand over a home movie of a toddler dancing to a Prince song.
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Adam Holland, Chilling Effects, October 04, 2012
Abstract: Until quite recently, ContentID, YouTube’s internal monitoring software to detect material that (theoretically) infringed copyrights, had little or no appeals process. This was frustrating for many YouTube users, leading some to stop using YouTube altogether and others to write long and thoughtful "Dear YouTube" letters, in hopes of creating positive change.
But yesterday, YouTube users everywhere were given at least some reason to celebrate. Whether it was the gradual accumulation of user complaints, or the egg on the face of the recent takedown of the Democratic National Convention’s livestream, and the takedown of public domain NASA footage, YouTube announced fairly substantial revisions to their Content ID policy, specifically with respect to posters challenging takedown of material.
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Adam Holland, September 18, 2012
Abstract: There has been a recent flurry of incidents where automatic software monitors have blocked access to live streaming video feeds on the grounds of copyright infringement. We take a closer look, and discuss the implications.
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"enigmax", TorrentFreak, June 24, 2012
Abstract: Several music rights groups including the Recording Industry Association of Japan say they have developed a system capable of automatically detecting unauthorized music uploads before they even hit the Internet. In order to do that though, Internet service providers are being asked to integrate the system into their networks. . . .
The system is being promoted as a benefit to ISPs, in the sense that once installed (and licensed at a cost of around $600 per month) they can potentially avoid being held liable for copyright infringements carried out by their customers.
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Wendy Seltzer, Chilling Effects Clearinghouse, March 03, 2011
Abstract: Earlier this year, Google began sending to Chilling Effects the requests it received for takedown from the Android Marketplace. Since this represents a new source of data, we take a look at the first month's input, February 2011.
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 Wendy Seltzer, Chilling Effects Clearinghouse, December 15, 2010
Abstract: In the last year, Chilling Effects saw more than 12,000 cease-and-desist notices reported. Over the next few weeks and into 2011, we will be doing preliminary analysis of patterns in those notices. We are also preparing the data to be more easily usable by other researchers. In this post, I look at repeat senders -- individuals and entities who send frequent DMCA takedown notices.
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Sinny Thai, University of San Francisco Internet + Intellectual Property Justice Clinic, December 15, 2010
Abstract: The Digital Millennium Copyright Act (DMCA) was originally enacted to prohibit “circumvention” of digital rights management and “other technical protection measures” used to protect and control access to copyrighted works. The DMCA has since cast a wide net to protect copyrighted material even when the use of the copyright materials arguably may be permissible under fair use guidelines.
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University of San Francisco Internet and Intellectual Property Justice Clinic, December 15, 2010
Abstract: On August 18, 2010 Facebook, Inc., better known as Facebook.com, one of the world’s most popular Internet websites, filed a federal lawsuit against Teachbook.com LLC alleging trademark infringement due to the use of Teachbook.com’s “-book” suffix in its registered domain name. This will be a case of first impression in the Northern District of California, and will test the ability of wholly online services to trademark otherwise generic portions of their domain name.
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David Abrams, Chilling Effects Clearinghouse, September 03, 2010
Abstract: The New York Times today (page B1) is reporting that "more than one-third of the two billion views of YouTube videos with ads each week are ... uploaded without the copyright owner's permission but left up by the owner's choice." The content owners are choosing to not request that the posted material be taken down because YouTube splits the ad revenue with them. The Times notes that "[h]undreds of these [content] partners make more than $100,000 per year."
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Blake Ellis Reid, Chilling Effects Clearinghouse, August 06, 2010
Abstract: By now, most readers have probably heard about the six newly minted exemptions to the anti-circumvention measures of the Digital Millennium Copyright Act (DMCA), announced last week by the Librarian of Congress. For the uninitiated, Ars Technica and David Abrams of Chilling Effects have excellent overviews of the exemptions, which provide much-needed legal cover for a variety of activities including jailbreaking and unlocking cell phones, decrypting DVDs for non-commercial remixes, and several others. Of particular interest to folks in the security community is the exemption granted for security research on video game digital rights management (DRM) systems, stemming from both realized and potential security holes in systems like Safedisc and SecuROM.
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David Abrams, Chilling Effects Clearinghouse, July 27, 2010
Abstract: The Library of Congress has released a list of six circumstances in which circumvention of copyright access controls will not be a violation of the Digital Millennium Copyright Act (DMCA). In addition to limited exceptions for security testing of video games and dealing with obsolete hardware dongles, these include "jailbreaking" an iPhone to run user software, circumventing restrictions on connecting a used mobile phone to an alternate wireless network, removing CSS protection from a DVD to extract small portions for the purpose of criticism or comment and enabling read-aloud access to electronic books where there is no other way to get similar functionality.
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ThinkGeek, June 21, 2010
Abstract: ThinkGeek describes its "best-ever cease and desist letter" recently received for its April Fools' product Canned Unicorn Meat: "The very special but also very real letter is from the National Pork Board, who claims we're infringing on the slogan "The Other White Meat," a slogan they're apparently thinking about phasing out anyways." The New York Times blogs it as Unicorns. They’re Not the Other White Meat. What a meaty issue!
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David Abrams, Chilling Effects Clearinghouse, May 21, 2010
Abstract: A recent ruling by the Court of Appeals for the Second Circuit, applicable to residents of Connecticut, New York, and Vermont, appears to recognize the "innocent infringer" defense for copyright infringement of sound recordings. This runs counter to decisions of two other circuit courts which effectively read this defense out of the law for music infringement. In addition, the decision defines a record album as a single "work" to which only a single statutory penalty applies, rather than holding that each song on the album is a separate work, thus reducing the risk of ruinous penalties for innocent infringement.
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Blake Ellis Reid, Chilling Effects Clearinghouse, May 16, 2010
Abstract: In the time it takes you to read this article, at least one URL may have disappeared from Blogger as a result of a takedown notice from the International Federation of the Phonographic Industry. While the IFPI's takedown of several high-profile music blogs has raised eyebrows over the past several months, an analysis of the Chilling Effects notice archive reveals that IFPI's campaign is much larger in scope than previously understood, likely facilitated by automated infringement detection tools.
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David Abrams, Chilling Effects Clearinghouse, April 27, 2010
Abstract: Google has clarified the procedure for disputing automated YouTube takedowns. By checking a box in the dispute form to indicate you believe your use of the copyrighted material is protected by fair use or is allowed for some other reason, YouTube will reinstate the video and the copyright holder will have to follow the formal DMCA takedown procedure if he or she believes you are mistaken.
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David Abrams, Chilling Effects Clearinghouse, March 17, 2010
Abstract: A federal statute, the Digital Millennium Copyright Act (DMCA), allows copyright holders to have material they allege infringes their copyright removed by a poster's Internet Service Provider or web host without a court order or benefit of the adversarial process. Nevertheless, the DMCA takedown procedure is governed by federal law and it gives the poster at least some protection against abusive takedown notices. YouTube has installed automated software that allows copyright holders to choose to block any video uploaded by a user that contains their copyrighted content, even when the use of that content would be legal under current law. This has resulted in videos being blocked that contain music by bands playing their own songs and presentations by legal scholars discussing copyright law. The problem with this type of extra-legal automated copyright blocking is that the poster has no legal rights to get his or her content reinstated. YouTube is a private company and can choose what it wants to allow and what it wants to block on its site with no recourse available to the poster other than relying on the good graces of the company to do the right thing.
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David Abrams, Chilling Effects Clearinghouse, March 12, 2010
Abstract: The Electronic Frontier Foundation (EFF) describes multiple instances in which the anti-circumvention provisions of the Digital Millennium Copyright Act have been used to stifle legitimate speech rather than stop pirates.
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David Abrams, Chilling Effects Clearinghouse, March 11, 2010
Abstract: Last month, MySpace sent a DMCA takedown notice to Scribd to remove a document summarizing recommendations on rebuilding a portion of the MySpace website, alleging a copyright violation. Although originally intended to stop Internet piracy of creative works such as music and video, this is another example of the takedown provisions of the DMCA being used to avoid the time and expense of obtaining a court order to remove documents that, while possibly sensitive or embarrassing, do not themselves have commercial value.
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David Abrams, Chilling Effects Clearinghouse, March 09, 2010
Abstract: Assemblage 23 (A23) frontman Tom Shear reports that YouTube removed the first video in his band’s planned video diary of their American tour at the request of Warner Music Group. The irony in the takedown is that the video included only A23’s own song and its purpose was to promote the band’s US tour and its new album. YouTube has since reinstated the video.
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David Abrams, Chilling Effects Clearinghouse, March 05, 2010
Abstract: A second federal appeals court has now eviscerated the “innocent infringer” defense for copyright infringement, this time for residents of Louisiana, Mississippi and Texas. The court concluded that, as long as a copyright notice appears on a physical CD somewhere, anyone who illegally downloads that music from the Internet is subject to the higher $750 statutory minimum damages; even if that person believed he or she had permission to download the material. In 2005, a different appeals court made a similar ruling affecting residents of Wisconsin, Illinois and Indiana.
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David Abrams, Chilling Effects Clearinghouse, February 25, 2010
Abstract: Network Solutions has taken the Cryptome website down after receiving a DMCA takedown notice from Microsoft claiming copyright infringement. Microsoft objects to the publication of a handbook provided to law enforcement describing what information the service keeps on its users and what legal steps are required to obtain that information. However, its takedown of the well-known web site may have effect of increasing the number of people who read the document.
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David Abrams, Chilling Effects Clearinghouse, February 17, 2010
Abstract: Music bloggers are up in arms over Google's removal of six popular music blogs. Google claims it deleted the blogs after receiving multiple Digital Millennium Copyright Act (DMCA) takedown notices alleging that the blogs allowed readers to download copyrighted works without the owner's permission. The dispute appears to arise partially from an aggressive stance taken by Google in response to industry takedown notices and partially from a lack of understanding of DMCA takedown procedures by the blog owners.
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Blake Reid, Chilling Effects Clearinghouse, February 03, 2010
Abstract: It's sunny and warm in south Florida as the New Orleans Saints head to the Super Bowl for the first time in the team's 42-year history. Back in New Orleans, though, a cold front is blowing through as the National Football League tries to use intellectual property claims to lock down "Who Dat," a seminal New Orleans slogan adapted by Saints fans to cheer on the team.
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 Rebecca Schoff, Chilling Effects Clearinghouse, December 03, 2009
Abstract: Legal reporter Eriq Gardner over at THR, Esq. has brought our attention to a lawsuit filed by Global Findability, Inc. against Summit Entertainment, makers of the sci-fi thriller Knowing, for patent infringement, apparently because the characters in the film are depicted using a string of numbers (including date, latitude, and longitude) to indicate the time and location of an event.
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Research Staff, Chilling Effects Clearinghouse, November 23, 2009
Abstract: Getty Images has been sued by Car-Freshner Corp. for trademark infringement, dilution, and unfair competition over stock photographs of cars that include images of tree-shaped air fresheners hanging from the rear-view mirror.
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Research Staff, Chilling Effects Clearinghouse, November 19, 2009
Abstract: Another hat tip to Techdirt for bringing our attention to Intel Corp.'s recently filed suit against the publishers of Mexico Watch, a digital newsletter whose URL is latinintel.com, and whose parent company does business as Americas News Intel Publishing. Intel Corp. has alleged both confusion-based infringement and trademark dilution against the company, although its website is clearly branded in ways that would easily distinguish it from the computer chip maker and its use of the word "intel" to mean "intelligence" is in common use.
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Rebecca Schoff, Chilling Effects Clearinghouse, November 13, 2009
Abstract: A convicted murderer is attempting to have his name removed from the English-language version of Wikipedia and all other media coverage of his crime under a German law that protects private citizens from having their names and likenesses published against their will.
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Rebecca Schoff, Chilling Effects Clearinghouse, November 13, 2009
Abstract: The chilling effect in Coshocton County, Ohio, was in obvious evidence last week when a single complaint from Sony Pictures Entertainment caused the county to shut down its free Wi-Fi service.
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Rebecca Schoff, Chilling Effects Clearinghouse, November 06, 2009
Abstract: John Timmer over at Ars Technica has reported that a bill introduced in Congress last month would make Internet service providers liable if a particular kind of financial fraud is perpetrated on their networks.
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Rebecca Schoff, Chilling Effects Clearinghouse, November 05, 2009
Abstract: The Electronic Frontier Foundation has inaugurated a new venue for exposing bogus copyright and trademark claims that stifle free speech on the Internet.
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Research Staff, Chilling Effects Clearinghouse, October 09, 2009
Abstract: After announcing that Philadelphia radio station WDAS would not be able to sponsor the Unity Day festival for the first time in 30 years, Clear Channel has used an allegation of trademark rights in the name "Unity Day" to prevent citizens from raising funds and obtaining city permits to keep the tradition going.
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Wendy Seltzer, Chilling Effects, October 08, 2009
Abstract: For several years, the Chilling Effects Clearinghouse has cataloging the effects of legal threats on online expression and helping people to understand their rights. Amid all the chilling we continue to see, it's welcome to see rays of sunshine when bloggers stand up to threats, helping to stop the cycle of threat-and-takedown. The BoingBoing team did this the other day when they got a legal threat from Ralph Lauren's lawyers over an advertisement they mocked on the BoingBoing blog for featuring a stick-thin model. The lawyers claimed copyright infringement, saying "PRL owns all right, title, and interest in the original images that appear in the Advertisements." Other hosts pull content "expeditiously" when they receive these notices (as Google did when notified of the post on Photoshop Disasters), and most bloggers and posters don't counter-notify, even though Chilling Effects offers a handy counter-notification form. Not BoingBoing, they posted the letter (and the image again) along with copious mockery, including an offer to feed the obviously starved models, and other sources picked up on the fun. The image has now been seen by many more people than would have discovered it in BoingBoing's archives, in a pattern the press has nicknamed the "Streisand Effect."
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Rebecca Schoff, Chilling Effects Clearinghouse, October 02, 2009
Abstract: News this week of a cease and desist letter sent to Cyanogen, the popular amateur developer of Android software, had members of the Android community hoping for a Jedi mind trick to make the legal threat go away: "Google, this is not the Droid you are looking for...." But as the situation unfolds, participants hope that Google and Cyanogen will find a solution that protects Google's closed-source applications without chilling the innovation of the open-source Android community.
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Rebecca Schoff, Chilling Effects Clearinghouse, September 29, 2009
Abstract: We know what the safe harbor provisions in the Digital Millennium Copyright Act mean ... don’t we? A number of cases in California have confirmed what a straight-forward reading of the law would suggest: that the DMCA safe harbor provisions apply to hosting sites when those sites meet the requirements set out in section 512 of the law. (Perhaps most recently, a federal judge ruled in California that the safe harbor provisions applied to video-sharing site Veoh, see Veoh Survives Universal Music Group Copyright Infringement Suit.) Plaintiffs in a case just filed in Texas against document sharing site Scribd, however, would like to challenge that understanding. As you read on, bear in mind that a complaint is just one party's allegations -- not proof of facts or accepted legal theories. Plaintiffs can ask for anything, even one hundred billion dollars, but that doesn't mean they'll get it.
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Rebecca Schoff, Chilling Effects Clearinghouse, September 18, 2009
Abstract: In July 2009, blogger Robert Delsman, representing himself in court, won a rousing victory against Sedgwick, a large claims management company that had sued him, among other things, for copyright infringement over his use of modified corporate promotional photos in mailings that were critical of the company. The judge ruled that Delsman’s use of the promotional photographs, which had been transformed to look like “wanted” posters out of the Wild West, qualified as fair use and threw out Sedgwick’s remaining claims under California’s Anti-SLAPP statute. Now Sedgwick has appealed the ruling to the 9th Circuit, setting the stage for a major review of the application of fair use analysis and Anti-SLAPP legislation in similar contexts—and raising questions about whether the “Streisand Effect” really discourages litigiousness.
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Rebecca Schoff, Chilling Effects Clearinghouse, September 17, 2009
Abstract: U.S. District Court Judge A. Howard Matz has granted summary judgment in favor of Veoh, an online video hosting site, ruling that Veoh’s procedures to protect against copyright infringement are adequate to qualify Veoh for safe harbor protection under the Digital Millennium Copyright Act.
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Research Staff, Chilling Effects Clearinghouse, September 11, 2009
Abstract: The Electronic Frontier Foundation reports that Apple has stepped back from threats of legal action against BluWiki, a host of public wiki pages that discussed the use of software other than iTunes to download media onto Apple products--but the withdrawal of threats was based on the pages having been rendered obsolete by new code.
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Research Staff, Chilling Effects Clearinghouse, September 11, 2009
Abstract: Apple has once again objected to the use of the suffix "pod" in the names of two products: Pivotal's "Podium" and "FlyPod."
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Ryan Paul, Ars Technica, April 29, 2009
Abstract: Lawrence Lessig, the well-known legal scholar and copyright reform advocate who founded Creative Commons, was surprised to discover that Warner Music issued a Digital Millennium Copyright Act (DMCA) takedown notice against one of his presentations on YouTube.
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Wendy Seltzer, June 06, 2008
Abstract: The Scientology critic known as “Wise Beard Man” returned to YouTube this week after successfully filing counter-notifications to copyright claims that had earlier been made against his account. The takedown and delayed return illuminate another of the lesser-known shoals of the DMCA safe harbor, the 512(i)(1)(A) “repeat infringers” consideration.
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Wendy Seltzer, April 15, 2008
Abstract: When Kurt Denke at Blue Jeans Cable got a cease-and-desist demand from Monster Cable, his litigator's instinct kicked in. He sent back five pages of questions detailing what he'd need to see before he'd be convinced to back down.
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Wendy Seltzer, from a report at Wired's Threat Level, March 07, 2008
Abstract: It's cyber war! Lawyers representing the Air Force's elite electronic warriors have sent YouTube a DMCA takedown notice demanding the removal of the 30-second spot the Air Force created to promote its nascent Cyber Command. We'd uploaded the video to share with THREAT LEVEL readers.
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Wendy Seltzer, December 19, 2007
Abstract: Earlier this month, comedy group The Richter Scales released a funny music video, "Here Comes Another Bubble." The video showed a montage of Silicon Valley images over a sound-track adapted from Billy Joel's "We Didn't Start the Fire," lampooning the Web 2.0 bubble that seems near bursting again. The video must have touched a nerve, as well as a funny bone, because it got wide linkage and discussion and became the week's top-rated video. Then, it was removed from YouTube, "due to a copyright claim by a third party."
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Wendy Seltzer, via Scott Beale of Laughing Squid, December 12, 2007
Abstract: Best Buy sent a cease-and-desist to Scott Beale of Laughing Squid for reporting on an "Improv Everywhere" prank and their sales of T-shirts mocking the Best Buy logo. Best Buy claimed the post infringed its trademarks and copyrights by "promoting" T-shirt sales. Laughing Squid promptly posted the C&D, where it was picked up by BoingBoing and Slashdot. But Best Buy seems to have learned from the hubub, and sent its apologies a day later:
"We appreciate your clarification of the nature of your posting. We do object to sales of T-shirts or other products bearing a logo which violates our trademarks or copyrights or other misuse of our logo in commercial ventures. However, we do not object to fair and accurate reporting fo facts, and respect the First Amendment rights of Laughing Squid and other bloggers to provide articles or commentary on current events. Now that we have a better understanding of your website, we regret sending you the demand letter." It's good to see a company recognize the distinction between reporting and trademark infringement and drop its threats. We have to say, though, the T-shirts give "trade dress" claims a whole new meaning.
Peter Ostrovski, November 12, 2007
Abstract: Prince is threatening to sue his biggest fansites for improperly hosting content featuring his likeness.
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Associated Press, October 26, 2007
Abstract: The Associated Press reports that presidential candidate John McCain has rejected Fox's call to "cease and desist" from using Fox debate footage in a campaign ad. Fox is apparently claiming infringement by the use of 18 seconds from a 90 minute debate, in which Sen. McCain is the speaker. Political argument, even in the heated sound-bite form of campaign ads, is at the core of First-Amendment protected speech. This kind of commentary use, of newsworthy material available only from Fox, suggests that not only McCain, but the general public should have greater access to debate footage.
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Wendy Seltzer, October 22, 2007
Abstract: If it's fall, these must be cease-and-desists for Black Friday ads. This year, they seem to be coming earlier than ever, as Wal-Mart sends pre-notifications against future posting.
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Peter Ostrovski, October 07, 2007
Abstract: As against the hosts of stolen emails, MediaDefender's three statutory claims do not appear to be backed by the letter of the law or cases. Its claim of misappropriation of trade secrets would have some weight, if the information from the e-mails is found to contain trade secrets.
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Greg Beck, Public Citizen Law & Policy Blog, October 05, 2007
Abstract: DirectBuy sent its critics cease-and-desists with copyright warnings. Public Citizen's response: Bring it on.
Public Citizen decided to post the letter on its website because it is only possible to understand our letter in response by seeing the letter we are responding to, and because we think Morris's letter is a good example of the many meritless threats that companies hurl at their online critics in an effort to silence dissent. We also don't think the copyright laws prevent us from posting the letter. First, the letter is not registered with the copyright office, and until it is, DirectBuy's law firm can't sue to enforce it. Second, posting the letter is a clear example of fair use. Companies should not be able to make threats and then hide from criticism behind the Copyright Act.
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Peter Ostrovski, September 27, 2007
Abstract: During an embarrassing week of leaks, Media Defender has been trying to use takedown notices to prevent internal information from circulating around the Internet. So far, it has met with minimal success.
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Andy Gass, Samuelson Clinic, Boalt Hall, March 27, 2007
Abstract: Last week, the authors of a short video parodying “The Colbert Report” filed suit against Viacom, corporate parent to the show’s network and no stranger to enforcement actions in its own right. The alleged offense: telling YouTube to take down the clip, “Stop the Falsiness,” when Viacom knew or should have known that excerpted selections from the TV show did not infringe copyrighted material but instead amounted to “self-evident fair use.”
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Jeremy P., Samuelson Law, Technology, and Public Policy Clinic - Boalt Hall, March 12, 2007
Abstract: Internet radio has become a place where small independent radio stations can thrive by offering a different music mix than broadcast radio. This, however, is in danger, due to a recent decision by the Copyright Royalty Board.
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Niki R. Woods, Samuelson Law, Technology, and Public Policy Clinic - Boalt Hall, February 23, 2007
Abstract: In a move to alleviate some of the damage done to its future prospects of winning on file sharing infringement cases, the RIAA decided to appeal the attorneys’ fees awarded to the prevailing defendant in a copyright infringement claim.
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Elvin Lee, Samuelson Law, Technology, and Public Policy Clinic - Boalt Hall, February 14, 2007
Abstract: ViaCom recently revealed that it had sent 100,000 DMCA takedown notices to YouTube, alleging widespread copyright infringement. Soon after, it became apparent that not all of the copyrights were properly asserted, and ViaCom did not have claims to all content taken down.
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GERALDINE FABRIKANT AND SAUL HANSELL, New York Times, February 03, 2007
Abstract: In a sign of the growing tension between old-line media and the new Internet behemoths, Viacom, the parent company of MTV and Comedy Central, demanded yesterday that YouTube, the video-sharing Web site owned by Google, remove more than 100,000 clips of its programming. Viacom, along with other major media ...
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David E. Snyder, Samuelson Law, Technology & Public Policy Clinic -- Boalt Hall, December 08, 2006
Abstract: Until recently, blogs seemed immune from the threat of libel lawsuits. A recent verdict in Georgia suggests that’s no longer true. For the once pugnacious community blog www.aboutforsyth.com, the truth is no longer an affirmative defense.
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Jason H. Tokoro, Samuelson Law Technology & Public Policy Clinic - Boalt Hall, November 23, 2006
Abstract: On Wednesday, November 22, 2006, the Librarian of Congress, James H. Billington (“Billington”), announced six new exemptions from the prohibition against circumvention of technological protection measures that control access to copyright works, as provided in the Digital Millennium Copyright Act (DMCA). Six exemptions are the most that have been granted during a single rulemaking session. The exemptions will go into effect on November 27, 2006 and continue through October 27, 2009.
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In an ironic twist, YouTube demandsTechCrunch remove tool which allows users to downl, Samuelson Law, Public Policy and Technology Clinic, November 17, 2006
Abstract: As part of its efforts to reduce copyright infringement of its site, YouTube sends TechCrunch a Cease and Desist notice demanding that owner Michael Arrington remove a tool that enables users to download streaming videos hosted by YouTube.
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Elizabeth Gonsiorowski, Brooklyn Law School, November 16, 2006
Abstract: After being threatened with a DMCA takedown notice, an online deal site removed Best Buy's prices from their online price list.
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Aaron Schohn - Samuelson Law Technology and Public Policy Clinic - Boalt Hall, November 12, 2006
Abstract: EFF filed suit seeking damages for the alleged abuse of the DMCA. The defendant, Michael Crook, allegedly sent several take down notices to the ISP of the web magazine 10 Zen Monkeys complaining of copyright violation. While these notices were (arguably) facially invalid, the ISP was not willing to risk legal liability and obliged with the content’s removal. EFF and 10 Zen Monkeys argue that this constitutes intentional abuse of the DMCA and warrant damages for the time and effort expended by 10 Zen Monkeys and the interference with its First Amendment rights.
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Elizabeth Gonsiorowski, Brooklyn Law School, November 06, 2006
Abstract: Leo Stoller has lost another trademark infringement case, and people who use the word "stealth" have re-claimed a little linguistic freedom. Stoller has been trying to protect his trademark for the word "stealth" for over two decades. In mid-October, not only were Leo Stoller’s claims of trademark infringement dismissed; he was deemed a vexatious litigant and barred from instituting a trademark suit without prior leave from the court. Hopefully, this marks the end of his Trademark abuses.
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Kristy Murphy, Samuelson Law, Technology & Public Policy Clinic, November 02, 2006
Abstract: In a gnarly move, the owners of two Santa Cruz shops have sued the Huntington Beach Conference and Visitors Bureau, claiming that the Bureau’s “Surf City USA” trademark is totally bogus. In the lawsuit, the shop owners contend the four trademarks Huntington Beach holds are only listed on the supplemental register, meaning that they do not have an exclusive right to use of the mark. “What we've said is, this mark is so weak and so limited that if it is valid at all, it does not extend to Northern California,” said Ted Herhold, a surfer and partner in the Palo Alto office of Townsend and Townsend and Crew, the firm representing the shop owners. Herhold said he decided to take on the case for free upon reading a newspaper account of the dispute after a day of surfing in Santa Cruz.
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Alan Massengale, Samuelson Law, Technology & Public Policy Clinic, UC-Berkeley School of Law (Boalt Ha, October 27, 2006
Abstract: Can the owners of websites whose users post intimate and salacious details about the personal lives of others be held liable for libel?
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Sarah Adamczyk, Samuelson Law, Technology and Public Policy Clinic, UC Berkeley, October 27, 2006
Abstract: As the virtual world of Second Life continues to expand and more companies open virtual stores, the problem of trademark violations and counterfeit products takes on a whole new form.
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Verne Kopytoff, San Francisco Chronicle, October 27, 2006
Abstract: The proliferation of pirated video and music uploaded by users -- everything from concert footage of pop band Death Cab for Cutie to clips of "Gone With the Wind" -- has made YouTube a target of the entertainment industry, which fears that the illegal free-for-all will crimp its profits.
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Ross Housewright, Samuelson Law, Technology and Public Policy Clinic, UC Berkeley, October 24, 2006
Abstract: In recent years, Microsoft has been promoting its "PlaysForSure" DRM ecosystem, a branding system intended to identify media players and providers that will work compatibly with each other. Microsoft's new Zune player and associated media service, however, will not be compatible with this ecosystem.
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KATIE HAFNER, New York Times, October 23, 2006
Abstract: Google's growth has brought company increasing number of lawsuits involving copyright violation, trademark infringement and its Web site ranking methods; company has spent millions in legal fees over last few years; legal department has grown from one lawyer in 2001 to almost 100, including some overseas; Google must be aggressive in fighting lawsuits that may reveal too much about its proprietary technology in court.
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Sarala V. Nagala, Samuelson Law, Technology, & Public Policy Clinic, Boalt Hall UC Berkeley, October 19, 2006
Abstract: Apple seeks to extend its trademark reach from "iPod" to all uses of the word "pod" in product names.
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ANDREW ROSS SORKIN AND JEFF LEEDS, New York Times, October 19, 2006
Abstract: Vivendi's Universal Music Group, Sony BMG Music Entertainment and Warner Music Group each quietly negotiated to take small stakes in YouTube as part of video- and music-licensing deals they struck shortly before sale to Google; music companies collectively stand to receive as much as $50 million from these arrangements; Web site had been considered litigation land mine because of significant portion of videos posted to YouTube contain copyrighted songs or video material; Universal ahs filed suits against Bolt and Grouper, smaller video-sharing sites, for allowing users to post hundreds of pirated music videos of its artists; deals that music companies struck for stakes in YouTube should help shield Google from copyright-infringement lawsuits, issue that concerned some Google investors when YouTube deal was first announced; other copyright holders, including Hollywood and television studios, could pursue legal action if their content appears on YouTube.
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Sarah Simmons, Samuelson Law, Technology & Public Policy Clinic, UC-Berkeley School of Law (Boalt Ha, October 13, 2006
Abstract: LimeWire appears to be fighting back hard against the RIAA. In answer to the RIAA’s August lawsuit against LimeWire (Arista v. LimeWire), LimeWire has responded aggressively with a counterclaim against the RIAA alleging illegal cartel formation resulting in antitrust violations, consumer fraud, and other misconduct.
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