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EFFector - Volume 24, Issue 21 - Victory! Court Declares Righthaven Copyright Troll Lawsuit a Sham

 
 
EFFector! Electronic Frontier Foundation
 
 

In our 576th issue:

Victory! Court Declares Righthaven Copyright Troll Lawsuit a Sham

In a decision with likely wide-ranging impact, a judge in Las Vegas dismissed as a sham an infringement case filed by copyright troll Righthaven LLC. The judge ruled that Righthaven did not have the legal authorization to bring a copyright lawsuit against EFF's client, the political forum Democratic Underground, because it had never owned the copyright in the first place. Regarding the victory, EFF Senior Staff Attorney Kurt Opsahl said: "Righthaven's copyright litigation business model is fatally flawed, and we expect the decision to have wide effect on the over 270 other cases Righthaven has brought."

Microsoft Tries to Quash Innovation in Battle Over Xbox Memory Cards

EFF urged a federal court to block Microsoft Corporation's attempt to misuse copyright law to thwart a competitor offering memory cards for the Xbox gaming system. Microsoft claims that Xbox users violate U.S. federal law -- the Digital Millennium Copyright Act (DMCA) -- if they use third-party cards memory cards, such as those produced by Datel Holdings. If Microsoft were to prevail on this point, it could give the software giant the ability to use the DMCA to prevent competitors from selling Xbox-compatible accessories, like memory cards, controllers, and headsets. Such a ruling would have wide-ranging ramifications for hundreds of other consumer products.

Prosecutors Demand Limitless Warrant in Vermont Computer Search

EFF joined ACLU and ACLU Vermont in urging the Vermont Supreme Court to reject prosecutors' demands to override a judge's instructions and allow a limitless warrant for a computer search. During the investigation into an alleged identity theft last year, a detective from the Burlington Police Department applied for a wide-ranging search warrant, which included any computers, compact discs, cell phones, or mobile devices in the home, despite noting it was possible that some of the equipment might be owned by people not suspected in a crime. A judge granted the warrant application after putting reasonable bounds on the search, as well as including basic privacy protections for information and data not connected to the identity theft under investigation. Now prosecutors are petitioning the court for approval of the original overbroad warrant.

EFF Updates

This Week in Internet Censorship

Netsweeper filtering software is being used by the government of Yemen to block popular blogging site Tumblr. We've also seen crackdowns on the "Anonymous" movement in Turkey and Spain, following attacks on government websites in both countries. And in Tunisia, activists are pushing back against a court order that would restrict access to all pornographic sites.

Seized Domains Fight Back

We’ve watched with dismay Immigration and Customs Enforcement's increasing use of domain name seizures as part of its stepped-up IP enforcement strategy. Now one of the seized domains -- Rojadirecta -- is taking the fight to court.

New Indian Internet Intermediary Regulations Pose Serious Threats to Net Users’ Freedom of Expression

India is currently clarifying and refining its standard of liability for Internet intermediaries. India's Information Technology Act of 2008 would extend safe harbor protection to services that 1) are merely transmission conduits, 2) temporarily cache content, or 3) host content and exercise "due diligence" in complying with government regulations.

Apple Steps into Lodsys Litigation

When we learned that Apple had stepped forward to support iPhone app developers who had found themselves threatened with patent litigation (and, in some instances, actually sued) based on their use of Apple-provided technology, we hoped that could be the end of the matter – or at least that Lodsys would pick its fight with Apple, who has the resources to fight back. Unfortunately, the company that started the mess, Lodsys, has decided to up the ante, suing seven developers in the notoriously "troll-friendly" Eastern District of Texas.

DEF CON 19 Getaway Contest Update

We're pleased to report a great response to our second annual DEF CON Getaway Contest! Now at the halfway point, thirty-one participants have raised over $2,500 so far! If you haven't already registered, what are you waiting for? It could be you in Vegas!

EFF Joins LQDN for Drinks in Paris

La Quadrature du Net and EFF are coming together for a joint Apéro at C14 in Paris! Join us on 6/24 for drinks followed by the weekend-long online freedom event Quadrature Communication Camp.

miniLinks

Congress to Device Makers: Don't Track Me, Bro

Members of Congress announced two separate bills last Wednesday designed to prevent the abuse of location data collected by electronic devices.

Molly Crabapple Poster For Sale in EFF Store!

For just $30, you can support EFF and be the proud owner of an amazing Molly Crabapple poster explaining how Tor works.

New Member T-Shirts are Here!

For a limited time, pick up the new member t-shirt, featuring EFF blasting through injustice in the digital universe.

Administrivia

ISSN 1062-9424

EFFector is a publication of the Electronic Frontier Foundation.
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San Francisco, CA
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Editor: Parker Higgins, Activist
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Reproduction of this publication in electronic media is encouraged. Signed articles do not necessarily represent the views of EFF. To reproduce signed articles individually, please contact the authors for their express permission.

Press releases and EFF announcements & articles may be reproduced individually at will.

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Announcements

12th TACD Annual Meeting with EU and US government representatives

Katitza Rodriguez is representing EFF at the 12th TACD Annual Meeting, a forum of US and EU consumer organisations which develops and agrees on joint consumer policy recommendations to the US government and the European Union to promote the consumer interest in policy making.
Location: Brussels, Belgium
Date: June 19-21, 2011

22nd session of the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights

EFF International IP Director Gwen Hinze is attending the 22nd session of the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights.
Location: Geneva, Switzerland
Date: June 20-24, 2011

OECD: High Level Meeting ~ The Internet Economy: Generating Innovation and Growth

Katitza Rodriguez is representing the Civil Society Information Society Advisory Council at the OECD Ministerial Meeting on The Future of the Internet Economy.
Location: Paris, France
Date: June 28-29, 2011

Black Hat Technical Security Conference

Meet attorneys from EFF at Black Hat! EFF supporters can enter code E9Fs7fa to receive a 20% discount off Black Hat USA 2011 briefings.
Location: Las Vegas, NV
Date: July 30 - August 4, 2011

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