Intellectual Property Documents and Archive

IP Cases

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Topics and Subdirectories under IP

  • Audio/
    Intellectual property and audio: music, MP3, record companies, RIAA, Audio Home Recording Act, audio-related Digital Millenium Copyright Act lawsuits, and related material.
  • DMCA/
    Directory of information on the Digital Millennium Copyright Act (a.k.a. WIPO copyright treaty implementation bill), 1998-2000 The DMCA gives intellectual property holders the right to take away the fair use and related rights of the public to protect a commercial "digital rights management" scheme, and interferes with the legitimate operation of peer-to-peer file sharing systems. DMCA is probably unconstitutional.
  • DRM/
    Directory of links to all materials on our site relating to "digital rights management" (DRM) systems, otherwise known as copy protection schemes and access control schemes, and their impact on your fair use and other rights.
  • Foreign_and_local/
    Directory that contains information regarding foreign countries patent process.
  • HDTV/
    directory of information on intellectual property vs fair use disputes regarding, HDTV, DTV and other high-definition and/or digital television standards. See also Broadcast Flag
  • INDUCE Act
    Information and documents relating to the INDUCE act
  • Internet_address_disputes/
    directory of info on cybersquatting and legal disputes over Internet email addresses and host (domain) names.
  • Licensing_disputes/
    Directory of info on disputes about software licensing and related topics.
  • Linking/
    Directory of information on legal disputes arising from linking, inlining and framing content from one site to another.
    Directory of information on SLAPP cases involving abuse of intellectual property rights (or asserted rights)
  • NET_Act_sentencing/
    Directory of info on the "No Electronic Theft" Act (NET Act), a rather stupid copyright law alteration intended to go after non-commercial infringers, like kids trading pirated games. Material includes EFF testimony on the sentencing guidelines for this new crime, which as drafted were very injust.
  • NII_copyright_bill/
    Directory of info on the 1996 US "NII Copyright" bill - a dreadful mess that threatens the fair use rights of all Americans.
  • P2P/
    Directory of info on the legal disputes surrounding peer-to-peer (P2P) file distribution services and protocols, such as Napster, FreeNet, Gnutella, etc.
  • SDMI/
    Directory of info on the Secure Digital Music Initiative (SDMI) trade association, and their draft standard for a "Digital Music Access Technology" (DMAT) copy protection with does anything but provide or enhance access to digital music. Instead it would esentially end all fair use right in the mainstream music world.
    Directory of information on the draft Security Systems and Standards Certification Act (SSSCA), and its introduced derivative, the Consumer Broadband and Digital Television Promotion Act (CBDTPA). SSSCA/CBDTPA would mandate Hollywood-created copy-prevention "features" in digital media technoloy, including digital television.
  • SPA_cases/
    Directory of documents relating to the Software Publishers Association's Internet Anti-Piracy Campaign, the frivolous lawsuits filed as part of this campaign, and the associated, and deeply flawed, "ISP Code of Conduct" being pushed by SPA and an alternative to getting sued.
  • TM/
    Trademark issues
  • Video/
    Intellectual property and video: movies, MPEG, DVD, DeCSS, Motion Picture Industry Association (MPAA) litigation, Digital Millenium Copyright Act (DMCA), DVD Content Control Association (DVD CCA) litigation, DeCSS prosecutions, etc.
  • WIPO/
    Documents and information about WIPO (World Intellectual Property Organization).
    Information on the (draft, as of 1999 to early 2000) Uniform Computer Information Transactions Act (UCITA), formerly known as the draft Uniform Commercial Code Article 2B (UCC2B), proposed and adopted by the unaccountable quasi-governmental body known as the National Conference of Commissioners on Uniform State Laws (NCCUSL). UCITA, which could soon by adopted by most or all US state legislatures, is an anti-individual, anti-artist, anti-fair-use copyright law that would benefit only large corporate intellectual property holders, especially in the entertainment and software industries.

IP Articles and Documents

  • Department of Justice Task Force on Intellectual Property Report [PDF 697k]
  • A Better Way Forward: Voluntary Collective Licensing of Music File Sharing
  • Amicus Brief [PDF 124k] filed with Consumer's Union, Public Knowledge, et al. in Philips v. AWH Corporation, a patent law case. September 20, 2004
  • EFF's written testimony to the British Select Committee on Culture, Media and Sport on why the British Broadcasting Corporation's Creative Archive should be enshrined in the 2006 BBC Charter (UK). Also available as a PDF [51k] September 11, 2004
  • Grey Tuesday: A Quick Overview of the Legal Terrain
    Some questions and answers about DJ Danger Mouse's Grey Album, a mash-up of The Beatles' White Album and Jay-Z's Black Album
  • 20030905_whenu.pdf
    U-Haul International v., Opinion granting WhenU's motion for summary judgment
  • ltr_tauzin_opposing_database_bill_030905.pdf
    Letter on the discussion draft of the Database Bill sent to Representative Tauzin by Public Knowledge, Consumers Union, EFF, EPIC, and Media Access Project. (September 5, 2003)
  • 20030328_taxes-com_pr.php
    EFF: Federal Court Reverses in Web Publishing Case, Responds to Electronic Frontier Foundation Request
  • 20030328_taxes-com_amended_prelim_injunc.pdf
    amended preliminary injunction ruling in the JK Harris v case. The court amended the earlier ruling in light of a motion to reconsider filed by EFF. (J.K. Harris v. Kassel). (March 28, 2003)
  • 20020830_eff_reply_taxes-com.pdf
    EFF's Reply Brief in Support of Defendants' Motion for Reconsideration in (J.K. Harris v. Kassel). (August 30, 2002)
  • ca_softpatent.tesimony
    Transcripts of testimonies from the USPTO office's Public Hearing on Use of the Patent System to Protect Software-Related Inventions in San Jose in January of 1994.
  • eff_wipo_19961122.comments
    Electronic Frontier Foundation response to PTO Request for Comments on proposed Sui Generis Database Protection Treaty. EFF advising removing the treaty from the agenda of the Geneva Diplomatic Conference on Certain Copyright and Neighboring Rights Questions, and outlines several serious problems with the proposed treaty, aside from the fact that it is an attempt by the US Administration to pull and "end run" around our own legislature. These problems include: undermining of several Supreme Court rulings; making facts rather than expressions copyrightable; making non-creative assemblages of obvious information copyrightable; encouragement of monopolism; undermining of the public's fair use rights to government information maintained by contractors; undermining of the Freedom of Information Act; vagueness in definitions to the extent that "database" can mean almost anything; providing for the copyright of even minute amounts of information in a database; establishing essentially infinite-duration copyright by allowing a minor change to a "database" to reset the period of copyright coverage; attempting to hold online system operators liable for the actions of users beyond their control; and finally prohibiting necessary reverse engineering, cryptanalysis and software recovery by greatly over-broad criminalization of tools to perform these tasks if they can also conceivably be used for copyright infringement. In short, the treaty draft is ill-conceived, and caters to the wishes of a small number of corporations at the expense of the entire public.
  • hr2265_1997.bill_report
    Full text of, and Congressional report on, the "No Electronic Theft (NET) Act of 1997", a copyright bill introduced by Rep. Coble to make it a *criminal* copyright violation to infringe or aid/abet the infringing of a copyright *even without criminal intent*. A dangerous piece of legislation that as of Nov. 5, 1997, passed the House with little difficulty, and is up for passage in the Senate with *no hearings*. EFF is working with other organizations to prevent the Senate "rubber stamping" of this legislation.
  • hr2265_1997_congrec_debate_images/index.html
    Congressional Record debate on HR2265, the "No Electronic Theft (NET) Act", legislation that would impose criminal penalties on copyright infringers who had no criminal intent and who made no profit. [The documents consist of fax images in GIF format, with an HTML index.]
  • idea_economy.article
    John Perry Barlow's article "Selling Wine Without Bottles: The Economy of Mind on the Global Net", discussing the innapropriateness of traditional conceptions of intellectual property when applied to cyberspace.
    Final ("White Paper) version of the IITF Intellectual Property Rights Working Group report on i-p on the NII. Strongly criticized by many individuals and organizations as a "wolf in sheep's clothing" that would butcher the public's fair use and access rights to support the entrenched interests of the media conglomerate lobby. Sept. 1995.
  • ipwg_nii_ip_lehman_report.draft
    A Preliminary Draft of the Report of the Working Group on Intellectual Property Rights by Bruce Lehman, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks, Chair- July, 1994. This is the "Green Paper" version.
  • ipwg_nii_ip_report_acis.comments
    Sept. 1994 comments on the draft NII intellectual property report, from American Committee for Interoperable Systems (ACIS)
  • ipwg_nii_ip_report_samuelson.comments
    Pamela Sameulson's December 1994 article "Legally Speaking: The NII Intellectual Property Report" commenting on the Working Group on Intellectual Property Right's Preliminary Draft Report on Intellectual Property and the National Information Infrastructure
  • lehman_pto.speech
    Opening remarks of Bruce Lehman (USPTO) at the Public hearings on patent protection for software-related inventions in Feb 1994
  • nwu_ipwg_paper.comments
    Nation Writers' Union's strong criticism of the IITF IPWG final NII Intellectual Property White Paper (a.k.a. the Lehman Report.)
  • va-dc_softpatent.summary
    Gregory Aharonian's Feb 1994 summaries of the testimonies at USPTO's hearings on software patenting in Washington.
  • va-dc_softpatent.testimony
    transcripts of the PTO public hearings on software patenting on Feb 10, 1994 summarized in the file va-dc_softpatent.summary in this directory.
  • 20020704_victorias_secret_amicus.pdf
    Final version of the amicus brief (prepared by Peter Jaszi's clinic) for the Victoria's Secret TM dilution case pending before the Supreme Court.
  • written_softpatent.testimony
    various testimonies at the PTO hearing on patent protection for software related inventions.