File:Landmark's Misuse of the Digital Millennium Copyright Act.png
Landmark's_Misuse_of_the_Digital_Millennium_Copyright_Act.png (682 × 561 pixels, file size: 131 KB, MIME type: image/png)
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Summary
| Description |
"Landmark's Misuse of the Digital Millennium Copyright Act The video was posted on several websites including the Internet Archive YouTube and Google. In October 2006 Landmark Education started to send threatening cease and desist letters to online service providers who hosted the material. In addition to disputing the truth of the documentary program's allegations Landmark Education claimed the French documentary infringed its own U.S. copyright in the "Landmark forum leaders manual" (Copyright Reg. No. TXu-1-120-461). Using the copyright allegation as a pretext Landmark then issued subpoenas pursuant to the Digital Millennium Copyright Act which allows content owners to issue subpoenas to identify alleged infringers even without filing a lawsuit. Subpoenas were sent to Google Video YouTube and the Internet Archive demanding to find the identity of the uploader(s). A review of the video makes clear that the documentary does not contain a copy of the leader manual referenced in Landmark's letters. Rather it is a news documentary critical of the Landmark organization in France. Moreover even if Landmark's copyrighted works were visible in the documentary any such limited and transformative use of a copyrighted work for purpose of criticism commentary and news reporting is self-evidently fair use and therefore noninfringing. Landmark is not seeking to identify those who originally made the documentary since it already knows who made it. Nor are the subpoenas based upon the defamation claims Landmark's letter asserts -- DMCA subpoenas are only authorized to identify alleged infringers of the sender's copyright. They are not however designed to allow content owners to identify their critics as Landmark is attempting to do here." |
| Date | |
| Source | https://www.eff.org/cases/landmark-and-internet-archive |
| Author | Electronic Frontier Foundation |
| Permission (Reusing this file) |
Works by the Electronic Frontier Foundation are licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license, per EFF's Copyright Policy. |
| Other versions | s:Landmark Education and the Internet Archive, transcribed text at Wikisource. |
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| Date/Time | Thumbnail | Dimensions | User | Comment | |
|---|---|---|---|---|---|
| current | 17:23, 16 October 2013 | | 682 × 561 (131 KB) | Cirt | {{Information |Description="Landmark's Misuse of the Digital Millennium Copyright Act The video was posted on several websites including the Internet Archive YouTube and Google. In October 2006 Landmark Education started to send threatening cease and ... |
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