EFF in the News
Lenhart's apology to Eckhart and its decision to withdraw its threat against him were contained in a letter (download PDF) to the EFF last week. "We are deeply sorry for any concern or trouble that our letter may have caused Mr. Eckhart," Lenhart wrote. "In retrospect, we realize that we would have been better served by reaching out to Mr. Eckhart to establish a dialogue in the first instance."
As, of today, we are withdrawing our cease and desist letter to Mr. Trevor Eckhart. We have reached out to Mr. Eckhart and the Electronic Frontier Foundation (EFF) to apologize. Our action was misguided and we are deeply sorry for any concern or trouble that our letter may have caused Mr. Eckhart. We sincerely appreciate and respect EFF’s work on his behalf, and share their commitment to protecting free speech in a rapidly changing technological world.
... it wasn’t until the 1990s that she found a champion in Dave Hughes, a longtime member of the online community the Well (now owned by Salon). He brought her achievement to wider awareness and, in 1997, she received a Pioneer Award from the Electronic Frontier Foundation.
EFF argued in its response to Carrier IQ (PDF) that Eckhart's publication is protected under the Copyright Act's fair use provision: "The fair use of a copyrighted work...for purposes such as criticism, comment, news reporting...or research, is not an infringement of copyright." And, after Carrier IQ didn't substantiate what it said were Eckhart's "false allegations," the EFF concluded that "your threats are motivated by a desire to suppress Mr. Eckhart's research conclusions, and to prevent others from verifying those conclusions."
The EFF, which is representing Eckhart, had used the Copyright Act to good effect with Carrier IQ doing the decent thing and deciding to withdraw its cease and desist letter against Eckhart. Not only did it withdraw the letter, the firm also took the commendable step of apologising to Eckhart and the EFF.
The about face came a few days after the Connecticut-based Android developer received legal support from the Electronic Frontier Foundation, which asserted his postings were protected by the US Constitution's First Amendment.
With the help of the Electronic Frontier Foundation (EFF), researcher Trevor Eckhart was successful in getting Carrier IQ to back down on claims that Eckhart infringed on Carrier IQ's copyrights and made false allegations in his analysis of the company.
This week, a look at SOPA -- the Stop Online Piracy Act -- a controversial piece of US legislation that could have huge implications for Canadians and how we use the internet. Include an interview with Corynne McSherry of the Electronic Frontier Foundation.
Shortly after the PDF arrived in Eckhart’s email, legal consult at the Electronic Frontier Foundation responded on Mr. Eckhart’s behalf. The response letter explained clearly that Eckhart’s research was covered by his First Amendment right to free expression. Essentially, the CarrierIQ guys didn’t have a leg to stand on, but they decided it was worth trying to scare Eckhart into compliance.