Corynne McSherry
Corynne McSherry
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When Academic Freedom Depends on the Internet, Tech Infrastructure Companies Must Find the Courage to Remain Neutral

When Academic Freedom Depends on the Internet, Tech Infrastructure Companies Must Find the Courage to Remain Neutral

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItAnd universities must stand up for the rights of their faculty and students.During the past eight months of the pandemic, we have collectively spent more time online than ever before. Many of us are working and/or learning from home, and staying in touch with friends and family through social media and other proprietary services.Universities are no exception.  Given the risks of in-person meetings, universities are relying on online services to fulfill traditional educational functions—and not just “remote”...

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Corynne McSherry
Nov 2
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Defending Fair Use in the Omegaverse

Defending Fair Use in the Omegaverse

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItCopyright law is supposed to promote creativity, not stamp out criticism. Too often, copyright owners forget that – especially when they have a convenient takedown tool like the Digital Millennium Copyright Act (DMCA).EFF is happy to remind them – as we did this month on behalf of Internet creator Lindsay Ellis. Ellis had posted a video about a copyright dispute between authors in a very particular fandom niche: the Omegaverse realm of wolf-kink erotica. The video tells the story of that dispute in gory and...

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Alex Moss
Oct 27
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Content Moderation and the U.S. Election: What to Ask, What to Demand

Content Moderation and the U.S. Election: What to Ask, What to Demand

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItWith the upcoming U.S. elections, major U.S.-based platforms have stepped up their content moderation practices, likely hoping to avoid the blame after the 2016 election, where many held them responsible for siloing users into ideological bubbles—and, in Facebook’s case, the Cambridge Analytica imbroglio. It’s not clear that social media played a more significant role than , including traditional media. But the is enough.So we can’t blame them for trying, nor can we blame users for asking them to. Online...

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Corynne McSherry
Oct 26
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Open Access Should Include Open Courts

Open Access Should Include Open Courts

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItIt is a fundamental precept, at least in the United States, that the public should have access to the courts–including court records–and any departure from that rule must be narrow and well-justified. In a nation bound by the rule of law, the public must have the ability to know the law and how it is being applied. But for most of our nation’s history, that right didn’t mean much if you didn’t have the ability to get to the courthouse yourself.In theory, the PACER (Public Access to Court Electronic Records) system...

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Corynne McSherry
Oct 22
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Supreme Court Hearing in Oracle v Google: Will the High Court Fix the Federal Circuit's Mess?

Supreme Court Hearing in Oracle v Google: Will the High Court Fix the Federal Circuit's Mess?

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItOn Wednesday the U.S. Supreme Court will hear oral arguments in the long-running case of . We’ll be following closely, and looking for signs that the Court will reverse the Federal Circuit’s in this ground-breaking litigation. And then we’ll be waiting and hoping the Court will issue an opinion explaining that giving copyright protection to Application Programming Interfaces (APIs) is a bad idea or, if that protection exists, that reimplementing them is a lawful fair use.To summarize the last nine years: Oracle...

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Corynne McSherry
Oct 6
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What Really Does and Doesn’t Work for Fair Use in the DMCA

What Really Does and Doesn’t Work for Fair Use in the DMCA

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItOn July 28, the Senate Committee on the Judiciary held another in its year-long series of hearings on the Digital Millennium Copyright Act (DMCA). The topic of this hearing was “”We’re glad Congress is asking the question. Without fair use, much of our common culture would be inaccessible, cordoned off by copyright. Fair use creates breathing space for innovation and new creativity by allowing us to re-use and comment on existing works. As Sherwin Siy, lead public policy manager for the Wikimedia Foundation, said...

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Katharine Trendacosta
Jul 31
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Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItOutside of the beltway, people all over the United States are taking to the streets to demand fundamental change. In the halls of Congress and the White House, however, many people seem to think the biggest thing that needs to be restructured is the Internet. Last week, the president taking on one legal foundation for online expression: . This week, on another: Section 512 of the Digital Millennium Copyright Act (DMCA).The stage for this week’s hearing was set by a from the Copyright Office that’s been five years...

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Katharine Trendacosta
Jun 1
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Dangers of Trump’s Executive Order Explained

Dangers of Trump’s Executive Order Explained

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItWhat about Competition?Share ItLong before the pandemic crisis, there was widespread concern over the impact that tech was having on the quality of our discourse, from disinformation campaigns to influence campaigns to polarization. It's true that the way we talk to each other and about the world has changed, both in form (thanks...We’ve been skeptical of Facebook’s Oversight Board from day one. We’ll follow closely and keep open minds, because we appreciate it is a first attempt at some semblance of much-needed...

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David Greene
Jun 1
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Facebook's Oversight Board: Who (and What) Is Missing From the Picture So Far

Facebook's Oversight Board: Who (and What) Is Missing From the Picture So Far

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItShare ItThis blog post with co-authored with of , a Santa Clara Principles partner. As COVID-19 has spread around the world and online platforms have scrambled to adjust their operations and workforces to a new reality, company commitments to theWe're closely watching how Facebook enforces its newly-announced policy that limits speech by users who are organizing public protests. This policy is deserving of special attention since it effects free expression on two levels: the organization of the protest itself, and...

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Corynne McSherry
May 20
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Balanced Copyright Rules Can Help Save Lives During the COVID 19 Crisis

Balanced Copyright Rules Can Help Save Lives During the COVID 19 Crisis

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItOur friends and right to repair leaders at iFixit are can-do people. If they see a need they can fill, they step up to do it – even if that need is massive. And they’ve done precisely that with a new and user-friendly for mission-critical medical equipment, including easy-to-use repair guides that boil down key information. Thanks to this project, biomedical technicians can quickly and easily access the information they need to keep medical equipment up and running, saving time, money, and lives.You might think...

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Kit Walsh
May 19
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Court Upholds Public Right of Access to Court Documents

Court Upholds Public Right of Access to Court Documents

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItA core part of EFF’s mission is transparency and access to information, because we know that in a nation bound by the rule of law, the public must have the ability to know the law and how it is being applied. That’s why the default rule is that the public must have full access to court records—even if those records contain unsavory details. Any departure from that rule must be narrow and well-justified.But litigants and judges aren’t always rigorous in upholding that principle. For example, when Brian Fargo sued...

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Corynne McSherry
May 12
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Supreme Court Affirms That No One Owns the Law

Supreme Court Affirms That No One Owns the Law

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItIn a major victory for open government and fundamental due process, the Supreme Court ruled today that the annotations in a state’s official legal code—summaries of court decisions and other sources that explain the state’s laws—cannot be copyrighted. That is, that there cannot be a better-explained version of the law available only to those who can afford to pay for it. The law, in any form, must be accessible to all.“Officials empowered to speak with the force of law,” , “cannot be the authors of—and therefore...

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Mitch Stoltz
Apr 27
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Copyright and Crisis: Filters Are Not the Answer

Copyright and Crisis: Filters Are Not the Answer

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItIt’s been a joke for years now, from the days when Facebook was just a website where you said you were eating a sandwich and Instagram was just where you posted photos of said sandwich, but, right now, we really are living our everyday lives online. Teachers are trying to teach classes online, librarians are trying to host digital readings, and trainers are trying to offer home classes.With more people entering the online world, more people are encountering the barriers created by copyright. Now is no time to make...

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Katharine Trendacosta
Apr 21
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