Deeplinks Blog posts about DMCA
The Second Circuit has released its long-awaited opinion in Capitol Records v. Vimeo, fully vindicating Vimeo’s positions. EFF along with a coalition of advocacy groups, submitted a friend-of-the-court brief in the case, supporting Vimeo.
The Second Circuit considered three important issues. First, whether a service provider could rely on the DMCA safe harbor when it came to pre-1972 sound recordings. Second, whether evidence of Vimeo employees watching certain well-known songs was enough to create “red flag” knowledge that the videos were infringing. And third, whether Vimeo was “willfully blind” to infringement occurring on its service.
For each of these issues, the Second Circuit ruled for Vimeo.
What is EFF worried about?
The W3C effort to standardize Encrypted Media Extensions (EME, part of the Media Extensions Working Group) marks a new era in W3C standardization. For the first time, implementations of a W3C standard will be covered by "anti-circumvention" laws such as the Section 1201 of the US DMCA; European laws that implement Article 6 of the EUCD; and Canada's Bill C-11.
These laws have been used by companies and rightsholders to threaten security and privacy researchers who came forward to report defects in their products. These laws may also create legal risks for entities who independently implement EME-compatible systems.
Dear member of the World Wide Web Consortium's Advisory Committee,
You may have heard that over the past year we've been trying to insert legal safeguards into the Encrypted Media Extensions project at the W3C, which standardizes streaming video DRM. We've previously been opposed to the W3C adopting EME, because of the legal issues around DRM, and because DRM requires user agents to obey third parties, rather than their owners.
However, we think that there's a compromise that both DRM advocates and opponents should be able to live with.
I'm writing today to see if you will support us in an upcoming W3C vote on the charter of the Media Extensions Group, where we will be proposing this compromise.
This letter briefly describes briefly the problem, our proposed solution, and what you can do to help.
A series of bluegrass history lectures has become the latest victim of the bullying that is enabled by content filtering systems like YouTube’s Content ID.
Once upon a time, there were two major browsers that virtually everyone used: Netscape and Internet Explorer, locked in a death-battle for the future of the Web. They went to enormous lengths to tempt Web publishers to optimize their sites to work best inside their windows, and hoped that users would follow.
Then, a game-changer: the open, nonprofit Mozilla browser spun out of Netscape, with the mission of putting users, not publishers, in charge. Mozilla defaulted to blocking pop-up ads, the scourge of the early Web. It was a step none of the major browsers could afford to take, because publishers were convinced they would go broke without them, and any company whose browser blocked pop-ups by default would alienate the publishers, who'd throw their lot in with the competition.
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