Court Rejects FCC Authority Over the Internet
In a ruling that imposes important limits on the FCC's authority to regulate the Internet, the D.C. Circuit Court of Appeals today overturned the FCC ruling against Comcast for interfering with the BitTorrent traffic of its subscribers. The court found that the Commission...
Viacom Makes Its Case Against Yesterday's YouTube
Today, after three years of litigation, the Viacom v. YouTube combatants finally publicly released their briefs (Viacom's; YouTube's; Class Action Plaintiffs') in what most expect to be the main event in the case, namely, cross-motions for summary judgment (for the...
UPDATED: All Your Apps Are Belong to Apple: The iPhone Developer Program License Agreement
The entire family of devices built on the iPhone OS (iPhone, iPod Touch, iPad) have been designed to run only software that is approved by Apple—a major shift from the norms of the personal computer market. Software developers who want Apple's approval must first agree to the iPhone Developer Program...
Cryptome's Publication of Microsoft's Compliance Manual is a Fair Use
Yesterday, Microsoft used a Digital Millennium Copyright Act (DMCA) takedown notice to demand that a copy of the "Microsoft® Online Services Global Criminal Compliance Handbook" (the Compliance Manual) be removed from Cryptome, a security website. As a result, Network Solutions felt obliged to takedown the entire Cryptome.org domain,...
You Bought It, You Own It: Vernor v. Autodesk
You bought it, you own it.
That's a concept we've been fighting to defend for years against erosion at the hands of patent and copyright owners, in contexts as diverse as printer cartridges, promo CDs, and software. The answer should be simple—if you bought it,...
ACTA: International Harmonization at What Cost?
The next round of negotiations on ACTA start today in Guadalajara, Mexico. This week’s negotiations will apparently focus on civil enforcement, border measures, and enforcement procedures in the digital environment, and briefly, transparency.One of the main goals of ACTA is creating new harmonized international IP enforcement standards above those...
MPAA and RIAA Seek Net Neutrality Copyright Loophole
Last week the MPAA and RIAA submitted their comments in the FCC's net neutrality proceeding. As anticipated in EFF's comments, the big media companies are pushing for a copyright loophole to net neutrality. They want to be able to pressure ISPs to block, interfere with, or...
Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong
Over the holidays, a New Jersey court issued an order requiring upstream providers to shut down three anti-H1-B websites that is deeply dangerous and wrong. The order not only tries to remove allegedly defamatory messages but also requires a complete shutdown of the websites and even purports to...
EFF Submits Brief in Key State Secrets Privilege Case
EFF filed an amicus brief in the Ninth Circuit's en banc review of Mohamed v. Jeppesen, a case brought by the ACLU challenging the CIA's extraordinary rendition program. A panel of the Ninth Circuit Court of Appeals had rejected the government's argument that the case had to...
Latest Bogus DMCA Takedown Award Winner: Yahoo!
"Yahoo isn’t happy that a detailed menu of the spying services it provides law enforcement agencies has leaked onto the web." That's how WIRED's Threat Level blog put it when describing Yahoo's recent effort to censor its own law enforcement compliance guide off the Internet using a bogus DMCA...







