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cc-eyebeam - [cc-eyebeam] Re: OpenLaw, Chilling Effects, Creative Commons

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Subject: Creative Commons-Eyebeam Forum 2003 November 12-19

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  • From: wendy AT seltzer.com
  • To: cc-eyebeam AT lists.ibiblio.org
  • Subject: [cc-eyebeam] Re: OpenLaw, Chilling Effects, Creative Commons
  • Date: Sun, 16 Nov 2003 14:02:42 -0500 (EST)


Thanks for the introduction, Joline! One of the things I find most exciting
about the Internet is that the sense of Jeffersonian revolution is very much
alive online. If you don't like what someone's saying, go to a bulletin
board, website, or weblog and say something else; criticize their arguments
and respond with your own. If you don't like the software available, patch
it (if it's open source) or write your own.

Of course there are some who don't like all that speech, and many of them try
to use intellectual property law to silence it. Since we started <!-- @@a
href="http://www.chillingeffects.org/"-->Chilling Effects<!-- @@/a-->, we've
seen numerous abuses of trademark or copyright to pull down critics and
parodists. Particularly bad are uses of the <!-- @@a
href="http://www.eff.org/IP/P2P/20030926_unsafe_harbors.php"-->DMCA takedown
provision<!-- @@/a--> -- demands to ISPs to remove their users' content.

That's why EFF <!-- @@a
href="http://www.eff.org/Legal/ISP_liability/OPG_v_Diebold/"-->recently filed
suit<!-- @@/a--> against Diebold, one of the worst abusers of DMCA takedown,
on behalf of Online Policy Group and two Swarthmore students. Diebold didn't
want people talking about the insecurity of its electronic voting machines
with the best evidence available -- internal emails among Diebold employees
noting security flaws and efforts to hide them -- so it sent <!-- @@a
href="http://www.chillingeffects.org/notice.cgi?NoticeID=911"-->demands to
the ISPs<!-- @@/a--> to disable their users' hosting or linking. Because we
feel that copyright should not be misused to stifle key political debate,
we've asked the court to stop Diebold from sending these threats. We all
deserve the right to talk about how democratic elections work.




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