Press Releases: March, 2007
Free Speech Battle Over Online Parody of 'Colbert Report'
MoveOn, Brave New Films Sue Viacom For Illegal Takedown of YouTube Video
San Francisco - The Electronic Frontier Foundation (EFF) asked a federal court today to protect the free speech rights of MoveOn.org Civic Action and Brave New Films after their satirical send-up of "The Colbert Report" was removed from YouTube following a baseless copyright complaint from media giant Viacom.
The video, called "Stop the Falsiness," was created by MoveOn and Brave New Films as a tongue-in-cheek commentary on Colbert's portrayal of the right-wing media and parodying MoveOn's own reputation for earnest political activism. The short film, uploaded to YouTube in August 2006, includes clips from "The Colbert Report" as well as humorous original interviews about show host Stephen Colbert. In March of this year, Viacom -- the parent company of Comedy Central -- demanded that YouTube take "Stop the Falsiness" down, claiming the video infringed its copyrights.
"Our clients' video is an act of free speech and a fair use of 'Colbert Report' clips," said EFF Staff Attorney Corynne McSherry. "Viacom knows this -- it's the same kind of fair use that 'The Colbert Report' and 'The Daily Show' rely upon every night as they parody other channels' news coverage."
Under the Digital Millennium Copyright Act (DMCA), a mere allegation of copyright infringement on the Internet can result in content removal, silencing a creator before any misuse is proven. This "shoot first, ask questions later" system can silence online artists and critics, creating unfair hurdles to free speech.
"Online sites like YouTube have revolutionized political expression and can give the little guy an audience of millions for a political point of view. An entertainment powerhouse like Viacom must not be allowed to muzzle independent video creators and their free speech," said Eli Pariser, Executive Director of MoveOn.org Civic Action. "Copyright owners need to double-check their claims and think about free speech rights before erasing political content from sites like YouTube and misusing the DMCA."
The lawsuit asks for a declaratory judgment that "Stop the Falsiness" does not infringe any Viacom copyright, as well as damages and injunctive relief restraining Viacom from bringing any more copyright claims in connection with the video. EFF is working with Stanford's Center for Internet and Society in this case.
For more on the lawsuit:
http://www.eff.org/legal/cases/moveon_v_viacom
To watch "Stop the Falsiness":
http://falsiness.org/
Contacts:
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
Trevor Fitzgibbon or Alex Howe
Fenton Communications
alex@fenton.com
Join EFF at 16th Annual Pioneer Awards at ETech
Ceremony in San Diego Features Debate Between Mark Cuban, Fred von Lohmann
San Diego - Please join the Electronic Frontier Foundation (EFF) for the 16th Annual Pioneer Awards, presented in conjunction with the O'Reilly Emerging Technology Conference in San Diego. The ceremony will be held at 7:30pm, March 27th, in the Douglas Room of the Manchester Grand Hyatt.
The 2007 winners of EFF's Pioneer Awards are Professor Yochai Benkler of Yale Law School, writer and Boing Boing co-editor Cory Doctorow, and security technologist Bruce Schneier. Mark Cuban, HDNet Chairman and NBA Dallas Mavericks owner, and EFF's Fred von Lohmann will debate copyright, YouTube, and the future of Web 2.0 at the award ceremony.
To get on the press list for this event, email press@eff.org.
WHAT:
16th Annual Pioneer Awards
WHEN:
7:30 p.m.
Tuesday, March 27
WHERE:
Manchester Grand Hyatt
Douglas Room
1 Market Place
San Diego, CA
For more on EFF's Pioneer Awards:
http://www.eff.org/awards/pioneer
Contact:
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
DMCA Abuser Apologizes for Takedown Campaign
Michael Crook Agrees to Stop Attacks on Free Speech
San Francisco - Michael Crook, the man behind a string of meritless online copyright complaints, has agreed to withdraw those complaints, take a copyright law course, and apologize for interfering with the free speech rights of his targets.
American Studios' Secret Plan to Lock Down European TV Devices
EFF Exposes Standards Jeopardizing Innovation and Consumer Rights
San Francisco - An international consortium of television and technology companies is devising draconian anti-consumer restrictions for the next generation of TVs in Europe and beyond, at the behest of American entertainment giants.
EFF Kills Bogus Clear Channel Patent
Patent Busting Project Wins Victory for Artists and Innovators
San Francisco - The U.S. Patent and Trademark Office (PTO) has announced it will revoke an illegitimate patent held by Clear Channel Communications after a campaign by the Electronic Frontier Foundation (EFF).
The patent -- owned by Instant Live, a company formerly owned by Clear Channel, and now owned by Live Nation -- covered a system and method of creating digital recordings of live performances. Clear Channel claimed the bogus patent created a monopoly on all-in-one technologies that produce post-concert digital recordings and threatened to sue those who made such recordings. This locked musical acts into using Clear Channel technology and blocked innovations by others.
However, EFF's investigation found that a company named Telex had in fact developed similar technology more than a year before Clear Channel filed its patent request. EFF -- in conjunction with patent attorney Theodore C. McCullough and with the help of Lori President and Ashley Bollinger, students at the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law -- asked the PTO to revoke the patent based on this and other extensive evidence.
"Bogus patents like this one are good examples of what's wrong with the current patent system," said EFF Staff Attorney Jason Schultz. "We're glad that the Patent Office was willing to help artists and innovators out from under its shadow."
The Clear Channel patent challenge was part of EFF's Patent Busting Project, aimed at combating the chilling effects bad patents have on public and consumer interests. The Patent Busting Project seeks to document the threats and fight back by filing requests for reexamination against the worst offenders.
"The patent system plays a critical role in business and the economy," said McCullough. "Everyone loses if we allow overreaching patent claims to restrict the tremendous benefits of new software and technology development."
For the notice from the Patent Office:
http://www.eff.org/patent/wanted/clearchannel/notice_of_intent_to_cancel.pdf
For more on EFF's Patent Busting Project:
http://www.eff.org/patent
Contacts:
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Theodore C. McCullough
Registered Patent Attorney
theo702000@yahoo.com
[Updated: 3/13/07]
EFF Calls For Aggressive Congressional Hearings on National Security Letter Misuse
Report Says FBI Stepped Over the Legal Line in Searches for Personal Information
Washington, D.C. - The Electronic Frontier Foundation (EFF) is calling for Congress to hold aggressive hearings on the FBI's domestic intelligence authority after the release of a Justice Department report showing the Bureau abusing its power to collect telephone, Internet, financial, credit, and other personal records about Americans without judicial approval.
Yochai Benkler, Cory Doctorow, and Bruce Schneier Win EFF Pioneer Awards
Mark Cuban, Fred von Lohmann to Square Off at Award Ceremony in San Diego
San Francisco - The Electronic Frontier Foundation (EFF) is pleased to announce the winners of its 2007 Pioneer Awards: Professor Yochai Benkler of Yale Law School, writer and Boing Boing co-editor Cory Doctorow, and security technologist Bruce Schneier. Mark Cuban -- HDNet Chairman and NBA Dallas Mavericks owner -- and EFF's Fred von Lohmann will debate copyright, YouTube and the future of Web 2.0 at the award ceremony.
'Electric Slide' Creator Steps on Fair Use
EFF Lawsuit Battles Bogus Copyright Claims
San Francisco - The Electronic Frontier Foundation (EFF) filed suit today against the man who claims to have created the popular line dance "The Electric Slide," asking the court to protect the free speech rights of a videographer who captured a few steps of the dance in a documentary video he posted to the Internet.
