Coupon Copyright Infringement Case Gets Legal Defense
I previously wrote about the absurd Digital Millennium Copyright Act (DMCA) infringement lawsuit against John Stottlemire. Unfortunately for Stottlmire, the Coupons.com suit continues.
However, the Electronic Frontier Foundation (EFF) and Samuelson Law, Technology & Public Policy Clinic at UC Berkeley have filed friend-of-court briefs on his behalf that argue in part that the DMCA does not apply to Stottlmire’s activities and that he is protected by the First Amendment. You can read more about it in David Kravets’ excellent post at Wired.com, “EFF and U.C. Berkeley Defend Accused Coupon Hacker in DMCA Suit.”
To recap, the DMCA is a bad law that was passed by Congress thanks to large campaign contributions (bribes?) by the Hollywood entertainment industry. Stottlemire is just the latest victim.
As noted by the photo of a court jester above, I wish this was an April Fool’s Day joke. Unfortunately, it isn’t.
Congress is already talking about passing another law (the Pro-IP Act) that’s even more absurd than the DMCA. Tell your local Representative and two Senators that you oppose it and want the DMCA repealed. After all, this time it is Stottlemire. The next time it could be you that’s facing a team of lawyers in court funded by RIAA or the MPAA.
What do you think of the DMCA? Should it be repealed? Or should the Pro-IP Act become law too?
About the Author
With an advanced international law degree from Georgetown University and more than 13 years of real world legal experience, Attorney Mike Young shows entrepreneurs how to protect and grow their businesses online. He's the author of Internet Marketing
Legal Secrets Revealed. Not just a lawyer who focuses exclusively on Internet and marketing law, Mike’s been working with computers for more than 27 years (his first computer was an Atari 400 with 8 KiB RAM) and started representing Internet businesses back in 1996.
David | Apr 7, 2008 | Reply
Like most if not anything else in life, it can be used and abused. We’ve seen cases where DMCAs helped resolve potential copyright issues, while we’ve seen those like this one you blogged about.
Only problem with trying to change or even repeal DMCA is the various interests involved, of course. But ain’t that “typical” with certain lawmaking groups?
Mike Young | Apr 21, 2008 | Reply
David,
Thanks for your input. The only positive I’ve seen with the DMCA is the ability to use a take down notice to pull down a pirate site. Other than that, I’ve been very disappointed.
Will be interesting to see where IP law stands 10 years from now. The Internet has certainly turned it on its head.
Best wishes,
-Mike