Author: eva

Are you an attorney licensed to practice law in the United States? If you are, EFF needs your help to fight spam-igation.

The U.S. Copyright Group has quietly targeted 50,000 Bit Torrent users for legal action in federal court in Washington DC. The defendants, all Does, are accused of having downloaded independent films such as “Far Cry,” “Steam Experiment,” and “Uncross the Stars” without authorization. U.S. Copyright Group has recently announced that it will also be targeting unauthorized downloaders of the film “Hurt Locker.” News reports suggest that the attorneys bringing these suits are not affiliated with any major entertainment companies, but are instead intent on building a lucrative business model built from collecting settlements from the largest possible set of individual defendants.

The lawsuits proceed similarly to the RIAA lawsuits against unauthorized music downloaders: US Copyright Group files a copyright infringement suit in federal court in Washington DC, against thousands of Does, identified by IP address. Then it presents ISP’s with the list of IP’s and dates and subpoenas the billing address of the user who had that IP at that date. The ISP’s then contact then contact their customers, inform them of the subpoena, and give them an opportunity to file a motion to quash.

In the event that no motion to quash is filed, the ISP gives up the identity of the user. US Copyright Group’s attorneys then contact the user and offer a settlement, usually starting at $2500.

EFF is seeking as many attorneys as possible to advise the targets of these lawsuits and, where appropriate, file motions to quash. Respondents’ contact information would be added to a website that will act as a resource for the targets of these lawsuits.

If interested, please contact [email protected] with your contact information or the contact information for your firm, and the states in which you are licensed to practice law.

Consumers International has released an excellent short film, When Copyright Goes Bad, which chronicles the rise of copyright as a global consumer rights issue and the ongoing fight for fairer copyright laws. The film features interviews with EFF Senior Staff Attorney Fred von Lohmann, Professor Michael Geist from the University of Ottowa Law School, Sunil Abraham from the Centre for Internet and Society, Hank Schocklee, co-founder of Public Enemy, and more.

Kudos to Linden Lab, which has just release an update to the Terms of Service for their virtual world, Second Life, that includes language that will protect fair use of screenshots and machinima. The new Snapshot and Machinima Content License grants Linden Lab and other users of Second Life a license to use “in snapshots and machinima your Content that is displayed in-World in publicly accessible areas of the Service.”

Machinima, which refers works that use real-time 3-D graphics engines to generate computer animation, could have presented a special problem for Second Life, where every individual object in view is potentially a different person’s intellectual property. Getting permission from so many owners of IP in order to create a machinima is potentially nightmarish. Instead of running from the new kinds of fair use enabled by new technologies, Linden Lab has embraced them. The new license allows Second Life users to reserve the rights to their creations by placing them in areas that are not publicly accessible. Second Life makes tools available to users that allow them to restrict access to their Virtual Land and its contents. The rules are simple and intuitive: if you don’t want people taking pictures of your floating city/dancing bear/epic space opera, don’t leave your floating city/dancing bear/epic space opera in a public place.

Linden Lab’s behavior should be an object lesson to movie studios and major record labels, who have alienated their own fans by trying to thwart new fair uses as they come along, whether through DRM or DMCA takedowns. Linden Lab has shown that there are innovative new ways to give the green-light to fair uses while still giving users the freedom to protect their creations. We hope that movie studios and major record labels are taking notes, because Linden Lab is showing them how it’s done.