It’s Copyright Week 2020: Stand Up for Copyright Laws That Actually Serve Us All; Electronic Frontier Foundation (EFF), January 20, 2020

Katharine Trendacosta, Electronic Frontier Foundation (EFF); It’s Copyright Week 2020: Stand Up for Copyright Laws That Actually Serve Us All

"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, addressing what's at stake and what we need to do to make sure that copyright promotes creativity and innovation...

We continue to fight for a version of copyright that does what it is supposed to. And so, every year, EFF and a number of diverse organizations participate in Copyright Week. Each year, we pick five copyright issues to highlight and advocate a set of principles of copyright law. This year’s issues are:

• Monday: Fair Use and Creativity
  Copyright policy should encourage creativity, not hamper it. Fair use makes it possible for us to comment, criticize, and rework our common culture.
• Tuesday: Copyright and Competition
  Copyright should not be used to control knowledge, creativity, or the ability to tinker with or repair your own devices. Copyright should encourage more people to share, make, or repair things, rather than concentrate that power in only a few players.
• Wednesday: Remedies
  Copyright claims should not raise the specter of huge, unpredictable judgments that discourage important uses of creative work. Copyright should have balanced remedies that also provide a real path for deterring bad-faith claims.
• Thursday: The Public Domain
  The public domain is our cultural commons and a crucial resource for innovation and access to knowledge. Copyright should strive to promote, and not diminish, a robust, accessible public domain.
• Friday: Copyright and Democracy
  Copyright must be set through a participatory, democratic, and transparent process. It should not be decided through back-room deals, secret international agreements, unaccountable bureaucracies, or unilateral attempts to apply national laws extraterritorially.

Every day this week, we’ll be sharing links to blog posts and actions on these topics at https://www.eff.org/copyrightweek and at #CopyrightWeek on Twitter.

As we said last year, and the year before that, if you too stand behind these principles, please join us by supporting them, sharing them, and telling your lawmakers you want to see copyright law reflect them."

Company sued EFF over “Stupid Patent of the Month;” EFF now flips the script; Ars Technica, April 13, 2017

Cyrus Farivar, Ars Technica; 

Company sued EFF over “Stupid Patent of the Month;” EFF now flips the script

"The Electronic Frontier Foundation has sued an Australian company that it previously dubbed as a "classic patent troll" in a June 2016 blog post entitled: "Stupid Patent of the Month: Storage Cabinets on a Computer."

Last year, that company, Global Equity Management (SA) Pty. Ltd. (GEMSA), managed to get an Australian court to order EFF to remove its post—but EFF did not comply. In January 2017, Pasha Mehr, an attorney representing GEMSA, further demanded that the article be removed and that EFF pay $750,000. EFF still did not comply.

The new lawsuit, filed in federal court in San Francisco on Wednesday, asks that the American court declare the Australian ruling unenforceable in the US. Why? According to the EFF argument, the Australian ruling runs afoul of free speech protections granted under the United States Constitution—namely, that opinions are protected.

GEMSA attorneys have threatened to take this Australian court order to American search engine companies to deindex the blog post, making the post harder to find online."

It's Copyright Week: Join Us in the Fight for a Better Copyright Law; Electronic Frontier Foundation (EFF), 1/16/17

Kerry Sheehan, Electronic Frontier Foundation (EFF); 

It's Copyright Week: Join Us in the Fight for a Better Copyright Law

"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation...

Here are this year’s Copyright Week principles:

• Monday: Building and Defending the Public Domain. The public domain is our cultural commons and a crucial resource for innovation and access to knowledge. Copyright policy should strive to promote, and not diminish, a robust, accessible public domain.

• Tuesday: You Bought It, You Own It, You Fix It. Copyright law shouldn't interfere with your freedom to truly own your stuff: to repair it, tinker with it, recycle it, use it on any device, lend it, and then give it away (or re-sell it) when you're done.

• Wednesday: Transparency and Representation. Copyright policy must be set through a participatory, democratic, and transparent process. It should not be decided through back room deals, secret international agreements, or unilateral attempts to apply national laws extraterritorially.

• Thursday: 21st Century Creators. Copyright law should account for the interests of all creators, not just those backed by traditional copyright industries. YouTube creators, remixers, fan artists and independent musicians (among others) are all part of the community of creators that encourage cultural progress and innovation.

• Friday: Copyright and Free Speech. Freedom of expression is fundamental to our democratic system. Copyright law should promote, not restrict or suppress free speech.

Every day this week, we’ll be sharing links to blog posts and actions on these topics at https://www.eff.org/copyrightweek and at #CopyrightWeek.

If you’ve followed Copyright Week in past years, you may note that this year, we didn’t designate a specific day to focus on fair use. Fair use—the legal doctrine that permits many important uses of copyrighted works without permission or payment—is critical to the law’s ability to promote creativity, innovation, and freedom of expression. Fair use is a part of each of this year’s principles."

Deep Dive: Open Access and Transforming the Future of Research; Electronic Frontier Foundation (EFF), 11/4/16

Gennie Gebhart, Electronic Frontier Foundation (EFF); Deep Dive: Open Access and Transforming the Future of Research:

"Open access depends on more than removing cost barriers. It also means giving the public freedom to use research. Under the current academic publishing model, even the simple act of sharing can be a crime.

When Diego Gomez, a Master’s student in Colombia, shared a colleague’s thesis with other scientists over the Internet, he was doing what any grad student would do: sharing research he found useful so others could benefit from it. But the author of the paper filed a lawsuit, and Diego’s act of sharing became a copyright violation punishable by four to eight years in prison.

In the U.S., activist Aaron Swartz also met unjust charges on 13 criminal counts for downloading millions of articles from academic journal database JSTOR. The charges would have put him in jail for years under the Computer Fraud and Abuse Act.

If other users see Diego’s or Aaron’s cases and fear the consequences that can come with copyright infringement allegations, everyday activities like sharing academic resources can become intimidating. These cases remind us that sharing and building on existing research is integral to the open access vision. That could mean anything from translation to remixing to large-scale analysis. In an open access world, these innovative, collaborative actions would not be criminal."

U.S. Justice Department Defends Copyright Anti-Hacking Law as "Unquestionably Constitutional"; Hollywood Reporter, 9/30/16

Eriq Gardner, Hollywood Reporter; U.S. Justice Department Defends Copyright Anti-Hacking Law as "Unquestionably Constitutional" :

"The U.S. Department of Justice is demanding an end to a lawsuit that challenges the constitutionality of a law that prevents people from getting around the access restrictions on copyrighted works such as films, television shows and songs.

In July, the Electronic Frontier Foundation led the lawsuit that argues that the anti-circumvention provision of the Digital Millennium Copyright Act (Sec. 1201) inhibits free expression in violation of the First Amendment. The law allows for a triennial review where every three years the Librarian of Congress grants exemptions. For example, in the most recent review, the government made it legal to hack a smart TV to achieve interoperability and also allowed grade school teachers to circumvent access controls on DVDs for educational purposes."

Tell Your University: Don't Sell Patents to Trolls; Electronic Frontier Foundation (EFF), 8/17/16

Elliot Harmon, Electronic Frontier Foundation (EFF); Tell Your University: Don't Sell Patents to Trolls:

"When universities invent, those inventions should benefit everyone. Unfortunately, they sometimes end up in the hands of patent trolls—companies that serve no purpose but to amass patents and demand money from others. When a university sells patents to trolls, it undermines the university’s purpose as a driver of innovation. Those patents become landmines that make innovation more difficult.

A few weeks ago, we wrote about the problem of universities selling or licensing patents to trolls. We said that the only way that universities will change their patenting and technology transfer policies is if students, professors, and other members of the university community start demanding it.

It’s time to start making those demands.

We’re launching Reclaim Invention, a new initiative to urge universities to rethink how they use patents. If you think that universities should keep their inventions away from the hands of patent trolls, then use our form to tell them.

EFF is proud to partner with Creative Commons, Engine, Fight for the Future, Knowledge Ecology International, and Public Knowledge on this initiative.

A Simple Promise to Defend Innovation

Central to our initiative is the Public Interest Patent Pledge (PIPP), a pledge we hope to see university leadership sign. The pledge says that before a university sells or licenses a patent, it will first check to make sure that the potential buyer or licensee doesn’t match the profile of a patent troll"

EFF sues US government, saying copyright rules on DRM are unconstitutional; Ars Technica, 7/22/16

Joe Mullin, Ars Technica; EFF sues US government, saying copyright rules on DRM are unconstitutional:

""Section 1201 is a draconian and unnecessary restriction on speech and the time has come to set it aside," writes EFF staff attorney Kit Walsh in a blog post announcing the lawsuit. "The future of cultural participation and software-related research depends on it."

"[C]opyright law shouldn’t be casting a legal shadow over activities as basic as popping the hood of your own car, offering commentary on a shared piece of culture (and helping others do so), and testing security infrastructure," writes EFF's Parker Higgins, in a separate post explaining the effects that Section 1201 has on scholars, artists, and activists. "It’s time for the courts to revisit Section 1201, and fix Congress’s constitutional mistake.""

Advocacy group asks conventions to ‘protect our secret identities’; ComicBookResoruces.com, 10/15/13

Kevin Melrose, ComicBookResources.com; Advocacy group asks conventions to ‘protect our secret identities’ : "In response to New York Comic Con’s controversial use of attendees’ Twitter accounts to send promotional messages, and the implementation of technology allowing organizers to track individual badges, a staff member for a leading digital-rights group has written an open letter asking all pop-culture conventions to “protect our secret identities.” “You can still have a convention at the cutting edge of culture, without bleeding your attendees’ privacy away,” wrote David Maass, media relations coordinator of the Electronic Frontier Foundation. The twin issues are linked to radio-frequency identification (RFID) chips, implemented by NYCC this year in an effort to clamp down on fraudulent badges and badge-sharing among exhibitors."