Deeplinks Blog posts about DMCA
The Ninth Circuit Court of Appeals issued an important ruling last Fall in the long-running “dancing baby” case, affirming that copyright holders must consider whether a use of material is fair before sending a takedown notice under the Digital Millennium Copyright Act. We welcomed that ruling, but the majority decision also set the bar for enforcing that requirement higher than Congress intended.
The World Wide Web Consortium (W3C) will consider adopting a DRM non-aggression covenant at its Advisory Committee meeting in Boston next week. EFF has attended several of these meetings before as a W3C member, always with the intent to persuade the W3C that supporting DRM is a bad idea for the Web, bad for interoperability, and bad for the organization. By even considering Web standards connected with DRM, the W3C has entered an unusually controversial space. Next week's membership meeting will be accompanied by demonstrations organized in Boston by the Free Software Foundation, and other cities where the W3C has a presence.
Have you ever bought music, movies, games, ebooks, or gadgets, only to discover later that the product had been deliberately limited with Digital Rights Management? We want to hear from you!
The Open Source Initiative, a nonprofit that certifies open source licenses, has adopted an important principle about standards, DRM, and openness, and just in time, too.
Some people just never learn. For decades, porn purveyor Perfect 10 has been fighting a losing battle to deputize service providers to police potentially infringing uses of its works. Indeed, at this point Perfect 10 spends far more time on litigation than creation. But court after court has rejected those efforts. In fact, Perfect 10's main achievement in the courts has been to inadvertently make good copyright law. For example, its litigation led to key decisions ruling that an image search engine was fair use and confirming that rightsholders must follow DMCA Section 512's clear rules for takedown notices.
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