Neither the MGM v. Grokster ruling nor the 12,000+ lawsuits filed against individuals will succeed in solving the P2P problem: getting artists fairly compensated for filesharing. EFF advocates collective licensing as a better solution for the P2P dilemma, a solution that aligns the incentives of copyright owners with, rather...

Imagine if "Macworld" couldn't be used to name a publication devoted to Macintosh-related products. Sounds bizarre, no?
Some don't seem to think so. EFF announced Monday that it has filed a lawsuit against French pharmaceutical giant Sanofi-Aventis Group on behalf of Medical Week News, publishers of the medical news...

Yesterday, nearly lost amid all the Grokster coverage, was an important ruling from the Second Circuit Court of Appeals in the fight to resist the effort by trademark owners to control our computers whenever we visit their websites. EFF filed a friend-of-the-court brief in this case, with the...

The Court also leaves open precisely what the remedy is if one is found to have actively induced infringement.
Here, too, the relationship to patent law may be relevant. In that context, the appropriate remedy has not included forbidding distribution of the defendant's technology. Rather, the remedies have prohibited...

Today, during an interview on the News Hour with Jim Lehrer, lead counsel for the movie studios and record labels, Don Verrilli, accused me of "fear-mongering." While I suspect his barb may be something out of MPAA/RIAA talking points, others who I respect have suggested that the ruling...

At the least, one could hope that the Supreme Court's decision in December to hear the Grokster case was a first step in bringing clarity to secondary copyright infringement doctrines. Instead, the Court introduced a new doctrine, the contours of which are entirely unclear. The ambiguity invites more lawsuits and...