Free Speech
A criminal justice blog that provides resources for difficult-to-prosecute murder cases is fighting bogus infringement claims from copyright troll Righthaven LLC.
EFF the Citizen Media Law Project (CMLP) and Public Citizen have urged the U.S. Court of Appeals for the Second Circuit to consider the critical First Amendment questions at issue in a case asserting "hot news misappropriation" -- a doctrine that a federal court used to put time limit restrictions on the reporting of facts.
EFF defended online journalists and their rights to protect the confidentiality of sources as offline reporters do.
Apple Computer sued several unnamed individuals, called "Does," who allegedly leaked information about an upcoming product to online news sites PowerPage and AppleInsider. As part of its investigation, Apple subpoenaed Nfox -- PowerPage's email service provider -- for communications and unpublished materials obtained by PowerPage publisher Jason O'Grady. EFF successfully defended the journalists -- a California state appeals court held that they were protected by California's reporter's shield law and the constitutional privilege against disclosure of confidential sources. The court also held that Apple's subpoena to Nfox was unenforceable because it violated the federal Stored Communications Act.
EFF filed an amicus in support of a John Doe who was denied attorneys fees under the California SLAPP law. The case was handled by the Stanford cyberlaw clinic. The appeals court agreed with Stanford and EFF and reversed the lower court ruling.
Outcome: Attorneys fees granted for John Doe who successfully protected his anonymity
Fair Use
In September of 2011, an astrology software company called Astrolabe filed suit against Arthur David Olson and Paul Eggert, researchers who coordinated the development of a time zone database.
EFF established that the FCC and Hollywood don't control your TiVo - you do.
The FCC's "broadcast flag" mandate would have given copyright holders and the government a veto over development and use of digital television tuners. Only technologies crippled by copy protection would have been legal. The DC Circuit Court of Appeals unanimously concluded, as EFF and a coalition of public interest groups had argued, that the FCC lacked authority to regulate what happens inside your TV or computer once it has received a broadcast signal.
Ditto.com (formerly known as Arriba Soft) was an early image search engine similar to Google's Image Search. So for example by entering "sailboat" into the Ditto website the searcher would be shown a selection of images of sailboats from around the Web.
EFF protected website owners free speech rights against overreaching trademark claims.
Taxes.com showed up frequently in search engine results for "J.K. Harris," a chief competitor criticized on the website. J.K. Harris asked a federal court to deem this a violation of trademark law. Instead, the court rejected the claim and embraced EFF's arguments, pointing out that the information on the pages was completely truthful and useful to consumers.
Creativity & Innovation
In a legal battle over Internet music storage that could impact innovation and free expression on the Internet EFF Public Knowledge and other public interest groups asked a federal judge in an amicus brief to protect the "safe harbor" rules for online content in EMI v. MP3Tunes.
Anonymity
On June 13, 2007, the New Jersey Township of Manalapan filed a malpractice suit against its former attorney Stuart Moskovitz, alleging misconduct regarding the Township's purchase of polluted land in 2005. The decision to file suit was met by a lively debate in the regional press and among local bloggers.