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Content Providers and Bloggers - FAQs
The information contained here is for informational purposes only. Please seek the advise of a qualified lawyer or legal counsel when appropriate.
What You Should Know When Posting On The Internet
- The Digital Millennium Copyright Act - DMCA
- Copyright and Fair Use
- Blogger's Rights
- The Communications Decency Act - CDA
- Case Studies and Summaries of Fair Use
Relevant Cases Protecting User Generated Content
- Lenz v. Universal - Although a lengthy read (Order Denying Motion to Dismiss plead by Universal), this case shows a great deal of promise in protecting Youtube users and other bloggers from unnecessary take down notices.
- Online Policy Group v. Diebold - The first successful suit against abusive copyright claims under the Digital Millennium Copyright Act (DMCA). This landmark case set a precedent that allows other Internet users and their ISPs to fight back against improper copyright threats.
Cyber Security Act of 2009 - Unprecedented Government Power Over the Internet
A cybersecurity bill introduced April 1st, 2009 in the Senate would give the federal government extraordinary power over private sector Internet services, applications and software. The Cybersecurity Act of 2009 would, for example, give the President unfettered power to shut down Internet traffic in emergencies or disconnect any critical infrastructure system or network on national security grounds. The bill would grant the Commerce Department the ability to override all privacy laws to access any information about Internet usage in connection with a new role in tracking cybersecurity threats. The bill, introduced by Sens. John Rockefeller and Olympia Snowe, would also give the government unprecedented control over computer software and Internet services, threatening innovation, freedom and privacy. Full Story >>
ACTA - Anti Counterfeiting Trade Agreement
- Discussion Paper Sent to Lobbyists - This paper was leaked and made available on various websites. It it the pre-discussion paper sent to lobbyists to help gather and secure support for the Trade Agreement.
- Coalition Response and Request - This is a response sent to the USTR for consideration of specific requests and changes to the proposed ACTA agreement.
- Google's Comments the ACTA - This is google's official response to ACTA sent to the USTR for consideration of their believes on the proposed trade agreement.
Interesting Articles talking about ACTA
- 14 Mar, 2009: Canada Favours Early Release of ACTA Text (Geist)
"While the U.S. claims that ACTA documents are a matter of national security and the European Parliament demands greater transparency, it would appear that the Canadian delegation would favour an early release of the draft treaty. According to a confidential November 2008 memorandum that was prepared for Stockwell Day, the Minister of International Trade obtained under the Access to ...
- 13 Mar, 2009: Who are the cleared advisors that have access to secret ACTA documents? (KEI) "The negotiating text of ACTA and many other documents, including even the lists of participants in the negotiations, are secret. The US White House claims the secrecy is required as a matter of "national security". But that does not mean the documents are off limits to everyone outside of the government. Hundreds of advisors, many of them corporate lobbyists, ...
- 12 Mar, 2009: European Parliament to EU: Turn over ACTA docs! (Ars Technica) The European Parliament has demanded more transparency in the EU, and it made a point of singling out the controversial Anti-Counterfeiting Trade Agreement. Parliament has been considering a general transparency bill, but one amendment to the bill demanded access to ACTA documents-access that negotiators have so far been unwilling to provide. "In accordance with Article 255(1) of the ...
- 12 Mar, 2009: Copyright treaty is classified for 'national security' (CNET) "President Obama's White House has tightened the cloak of government secrecy still further, saying in a letter this week that a discussion draft of the Anti-Counterfeiting Trade Agreement and related materials are "classified in the interest of national security pursuant to Executive Order 12958." The 1995 Executive Order 12958 allows material to be classified only if disclosure would do ...
- 9 Feb, 2009: ACTA, ISP Liability, Limitations & Exceptions Top Global Copyright Issues in 2009 (IP-Watch) "The Anti-Counterfeiting Trade Agreement has sparked an outcry from public interest groups. "The speed with which it has been rushed through - and the secrecy of the meetings and the provisions is alarming," said IP Justice Executive Director Robin Gross. ACTA will make routine surveillance of laptops, iPods and other devices in the hope of finding questionable music, videos and ...
- 3 Feb, 2009: Details Emerge of Secret ACTA Negotiation (KEI) "There are plans for the next ACTA negotiation to take place in Rabat, Morocco. However, since none of the Obama trade people have been placed at USTR, this might be delayed. The USTR is still maintaining secrecy over details of the negotiation, including the names of participants and all of the proposed texts for negotiations. Despite this, ...
- 20 Dec, 2008: No ACTA Deal Yet As EU Parliament Seeks Narrower Scope, More Transparency (IP-Watch) "As negotiations on the proposed Anti-Counterfeiting Trade Agreement (ACTA) continued in Paris this week with again no public details the European Parliament Thursday sent a strong signal by requesting transparency in the negotiations. Parliament meeting in Strasbourg on 18 December passed a resolution on the impact of counterfeiting in international trade "calls on the [European] Commission and the member ...
- 19 Dec, 2008: Canada's Official Statement on Dec. 2008 ACTA Negotiations The meeting was opened by French Trade Minister, Mrs. Anne-Marie Idrac, who reaffirmed the strong commitment of the EU in favour of intellectual property rights (IPR), against counterfeiting and piracy, and called for constructive and ambitious negotiations. Participants reaffirmed their commitments to negotiate an agreement to combat global infringements of IPR, particularly in the context of counterfeiting and piracy, ...
- 19 Dec, 2008: Paris ACTA Meetings Wrap Up: We're Safe Until March 2009 (Ars Technica) "Negotiations on the controversial and largely secret Anti-Counterfeiting Trade Agreement (ACTA) race ever onward, but the process isn't moving quite as fast as proponents had hoped. No deal will now happen before the end of the year, nor before a new US administration takes the reins in late January. Another round of ACTA negotiations wrapped up yesterday in Paris, ...