Deeplinks
Internet users generally think of YouTube as a platform where, if you play by the copyright rules, the content you post is safe from takedown and, if it's taken down improperly, you have some recourse. But that's not the case, thanks to an additional barrier to lawful sharing: meet YouTube's “contractual obligations.”
YouTube has made special deals with certain rightsholders that allows them to dictate where and how their content can be used on the site.
If your video uses content controlled by these rightsholders, and they object to that use, YouTube will take your video offline and won't restore it unless you can get the rightsholder's permission. Because the takedown isn't subject to the DMCA, the rightsholder has no legal obligations to consider whether your use is a lawful fair use.
EFF has long fought for the public’s right to use federal and state public records laws to uncover controversial and illegal law enforcement techniques. That’s why we filed an amicus brief in a federal appellate court case this week asking it to reconsider a decision that makes it much easier for law enforcement agencies such as the FBI to conceal their activities.
Everybody knows we here at EFF are big fans of Do Not Track (an HTTP header users can have their web browsers send to websites, indicating that they don’t want the websites to track them). That’s why we developed Privacy Badger, a browser extension that blocks third parties that don’t honor Do Not Track (DNT) requests. It’s also why we continue to expand our DNT Coalition—a group of companies and organizations who have committed to honor DNT requests on their websites.
Good news for Palestinians: According to several August news reports, a 3G mobile network might be finally coming their way. After years of struggling with 2G speeds, the Israeli government and the Palestinian Authority are reported to have come to an agreement that would result in Israel releasing the frequencies required for 3G and possibly 4G services.
The House Judiciary Committee, tasked with copyright reform in the Next Great Copyright Act process, has taken its long-running hearing show on the road. This week, members of the committee attended sessions in northern and southern California. The line-up of experts in Santa Clara yesterday was diverse and impressive, and included people like Internet Archive founder Brewster Kahle, noted musician Zoe Keating, iFixit CEO and DMCA activist Kyle Wiens, and of course EFF's own staff attorney Kit Walsh.
Preliminary Injunction Cannot Bar Respublika From Using “Stolen” Kazakhstan Emails in Its Reporting
The Republic of Kazakhstan has been blocked from using the U.S. court system to censor one of its most vocal and effective critics. In a victory for free speech rights, United States District Judge Edgardo Ramos in New York said the First Amendment protects the independent news organization Respublika from the government’s censorship tactics. Respublika, which reports critically on Kazakhstan’s ruling regime, published government emails that Kazakhstan claims were stolen, posted to the Internet and then indexed on a website called “kazaword.”
As Judge Ramos recognized, the First Amendment “protects the publication of the kazaword documents by anyone other than those directly involved in their purported theft.”
Today, in a strong opinion from the Federal Circuit, an attempt for rightsholders to use an obscure trade court to block the “importation” of digital data was rejected. The Federal Circuit held that a court that has the ability to block “articles that infringe” does not have the ability to block digital data.
Affirming his previous ruling that the NSA’s telephone records collection program is unconstitutional, a federal judge ordered the NSA to cease collecting the telephone records of an individual and his business. The judge further ordered the NSA to segregate any records that have already been collected so that they are not reviewed when the NSA’s telephone records database is queried. The order comes 20 days before the NSA program is set to expire pursuant to the USA FREEDOM Act.
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