Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b>Online Exclusive:</b> Electronic Frontier Foundation Fights to Protect Online Anonymity for Embroidery Discussion Group
The Electronic Frontier Foundation ('EFF'), a leading privacy-rights group, has filed a motion to dismiss a lawsuit that is seeking to identify the members of an online discussion group for embroidery devotees. EFF's motion was filed on Aug. 9 in the U.S. District Court for the Northern District of California, seeking to quash a subpoena sought by the Embroidery Software Protection Coalition ('ESPC') in Embroidery Software Protection Coalition v. Jane Ebert and Victoria Weaver, filed on June 28 in the Eastern District of Missouri.
ESPC has described itself in mailings and court filings as the representative of companies that develop and market embroidery patterns, according to EFF. (ESPC could not be contacted by telephone or e-mail for this article.) ESPC is suing online discussion group members for defamation and business interference.
The lawsuit began when ESPC sent letters to purchasers of embroidery patterns and software, seeking compensation for alleged copyright violations. Some people who received the letters started an online discussion group to discuss the issue. ESPC has charged that comments on the discussion group are defaming its members ' and so it is seeking a subpoena to obtain the names, addresses, and other information about every person who joined the discussion group.
'ESPC's shotgun approach is aimed not at redressing defamation, but at intimidating those who have sought to raise public awareness of its ham-fisted tactics,' said EFF Staff Attorney Corynne McSherry. She noted that ESPC is seeking to find out information about every participant, even those people who never posted a single message.
'The First Amendment forbids such abusive use of the courts and the discovery process,' McSherry added. 'The right to engage in anonymous communication is fundamental to a free society.'
The Electronic Frontier Foundation ('EFF'), a leading privacy-rights group, has filed a motion to dismiss a lawsuit that is seeking to identify the members of an online discussion group for embroidery devotees. EFF's motion was filed on Aug. 9 in the U.S. District Court for the Northern District of California, seeking to quash a subpoena sought by the Embroidery Software Protection Coalition ('ESPC') in Embroidery Software Protection Coalition v. Jane Ebert and Victoria Weaver, filed on June 28 in the Eastern District of Missouri.
ESPC has described itself in mailings and court filings as the representative of companies that develop and market embroidery patterns, according to EFF. (ESPC could not be contacted by telephone or e-mail for this article.) ESPC is suing online discussion group members for defamation and business interference.
The lawsuit began when ESPC sent letters to purchasers of embroidery patterns and software, seeking compensation for alleged copyright violations. Some people who received the letters started an online discussion group to discuss the issue. ESPC has charged that comments on the discussion group are defaming its members ' and so it is seeking a subpoena to obtain the names, addresses, and other information about every person who joined the discussion group.
'ESPC's shotgun approach is aimed not at redressing defamation, but at intimidating those who have sought to raise public awareness of its ham-fisted tactics,' said EFF Staff Attorney Corynne McSherry. She noted that ESPC is seeking to find out information about every participant, even those people who never posted a single message.
'The First Amendment forbids such abusive use of the courts and the discovery process,' McSherry added. 'The right to engage in anonymous communication is fundamental to a free society.'
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.