New ideas challenge the status quo. That's why people who make cool tools get so much heat from the old guard—and their lawyers. The Electronic Frontier Foundation thinks that innovators need to be protected from established businesses that use the law to stifle creativity and kill competition.
Issues in Innovation
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January 26, 2016
A guide to alternative patent licensing produced by the Juelsgaard Intellectual Property & Innovation Clinic at Stanford Law School in partnership with EFF and Engine. Revised and expanded for 2016.
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November 24, 2015
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November 16, 2015
Read our blog post on the ED policy. Sign the petition.
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February 17, 2015
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July 19, 2012
Civil Society statement on Exceptions and Limitations for Education WIPO 24th SCCR Geneva, 16-24, July 2012
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July 10, 2012
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May 23, 2012
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Most people assume that consumers have a fair use right to time shift television to watch at a later time.
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In Arista v. Lime Wire the recording industry plaintiffs seek to hold Lime Wire liable for acts of copyright infringement by users of its software.
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At issue in this case was whether three software programmers who created the BnetD game server -- which interoperates with Blizzard video games online -- were in violation of the Digital Millennium Copyright Act (DMCA) and Blizzard Games' end user license agreement (EULA).
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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.
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Junger sought an injunction against the enforcement of provisions of the International Traffic in Arms Regulations that require him to get the permission of the State Department's Office of Defense Trade Controls (the "ODTC") before he can communicate information about cryptographic software to f
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"Digital Betamax": Replay TV Owners Stand Up to Hollywood to Defend Digital VCRs
View Newmark v. Turner frequently asked questions.
What Is the ReplayTV Case About?
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EFF filed suit against Apple Inc. to defend the First Amendment rights of an operator of a noncommercial public Internet "wiki" site known as Bluwiki.
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Adult entertainment publisher Perfect 10 sued Google's Image Search service arguing that Google violates copyright law by indexing Perfect 10 photos posted on unauthorized websites then making and delivering thumbnail images of those photos in its search results.
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EFF and a coalition of academics and public policy groups are urging a federal judge to dismiss a criminal indictment that could give websites extraordinary power to dictate what behavior becomes a computer crime.
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In 2005, Macrovision sued Sima to block the sale of the Sima CopyThis! (CT-1, CT-Q1, CT-100, CT-2, CT-200) and GoDVD (SCC, and SCC-2) products, which are designed to digitize analog video, such as the analog video outputs of DVD players and analog VCRs.
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In September 2008, the motion picture industry sued RealNetworks over its RealDVD software, which was designed to allow consumers to copy their DVDs to their computers for later playback.
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EFF defended the right of innovators to build new technologies without begging Hollywood's permission first.
Hollywood has hoped to control innovation by overturning the "Betamax doctrine" - the bedrock principle that the developer of a technology with substantial legal uses cannot be held liable for users' copyright violations. In the Grokster case, 28 of the world's largest entertainment companies sued the distributors of peer-to-peer (P2P) file-sharing software. EFF defended one of the software companies all the way to the U.S. Supreme Court, which refused to overturn the Betamax doctrine or to force technology companies to redesign multipurpose technologies. Meanwhile, EFF helped block the INDUCE Act, a bill that would have severely undermined the Betamax doctrine.
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EFF has urged a federal judge not to let television networks squash an innovative streaming service with a bogus copyright infringement lawsuit. In an amicus brief, EFF and Public Knowledge asked the court to block a preliminary injunction that could prevent Aereo Inc.
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EFF helped convince the U.S. Supreme Court to invalidate a dangerous patent law precedent that threatened free speech and consumers' rights.
The court unanimously held that issuing automatic injunctions in patent cases improperly removed discretion from trial judges to weigh competing factors, including the effect that enforcing the patent would have on the public interest. This followed the reasoning outlined in a friend-of-the-court brief filed by EFF, which urged the justices to overrule the lower court and protect the public interest in free speech, innovation, and education.
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EFF urged a federal appeals court to protect the rights of start-up innovators working to improve TV viewing and other entertainment experiences, arguing that big content companies should not be allowed to block add-on technology with baseless copyright claims.
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In October 2013, NY State Attorney General Eric Schneiderman issued a sweeping subpoena seeking identification, financial, and other information on effectively all New York Airbnb “Hosts,” those users offering living space for rent.
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EFF fought for open, transparent governance of the domain name system.
Karl Auerbach began asking for Internet Corporation for Assigned Names and Numbers's (ICANN) corporate records in November 2000, shortly after he was voted as the North American Elected Director of ICANN. ICANN management proceeded to obstruct his access to these records. Represented by EFF, Auerbach successfully sued to gain his rightful access under the law.
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The Supreme Court's ruling in Sony v. Universal Studios (aka the Betamax case) is a landmark copyright precedent that has sheltered a wide array of technology innovators from lawsuits at the hands of the entertainment industries.
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The Digital Millennium Copyright Act (DMCA) limits the circumvention of software that's designed to restrict access to copyrighted works. Unfortunately, such a blanket restriction can chill competition, free speech, and fair use.
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EFF established that computer code is speech and shielded the developers of privacy-protecting software from government censorship.
In 1995, researcher Dan Bernstein planned to distribute an encryption program he had written that could help prevent strangers from snooping on online communications, discovering passwords, and stealing credit card numbers. But draconian federal laws restricted the publication of his program, treating privacy protection as a potential threat to national security. EFF successfully sued the government on behalf of Bernstein, and a federal court affirmed, for the first time, that software code deserves First Amendment protection.
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Like many other companies that host content on behalf of users, video-hosting service Veoh has been bedeviled by copyright lawsuits.
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In the U.S., two copyrights generally exist for every song you hear on the radio or online. One relates to the underlying musical work (think sheet music). It typically belongs to a music publisher or songwriter.
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Note: There are two parts for the case page for Authors Guild v.