Enric Teller

“ If I’m a video blogger and I’m -- a lot of them are new to it, newbies. And something that’s interested me something that’s important to me, I put up. And I get this DMCA. What do you think should be the first thing I should do? I go to the EFF, I look at the website, I see some information, should I call the EFF? Should I try to look up in the phone book a lawyer? Do you have any recommendations?
JASON SCHULTZ
Sure. Well, one resource we have for all bloggers, video bloggers and written bloggers alike, is we have a blogger’s legal guide, which is on our website at eff.org. ”

“ I would encourage any video bloggers to also look at our legal guide for bloggers, primarily designed for written bloggers but many of the issues are applicable to video bloggers. And so they can better understand their rights, and if necessary defend them. Somebody gets a cease and desist letter or gets something that is attempting to chill them from exercising their free speech rights -- the legal guide for bloggers is a good starting point for understanding your rights. ”

“ The French film company, the television station, is the copyright owner. So if anyone had a beef, it would be them. Landmark, however, claimed that in the video, in the documentary, there was certain materials of theirs that were copyrighted that were shown. ”

“ Is there a problem with the DMCA law then, as far as being able to subpoena without a determination of copyright?
KURT OPSAHL
We believe that the proper thing to do is, that the court should insist that the subopoena-ing party show that they have a valid claim, before allowing the subpoena to proceed. And in this case, we believe that ultimately the court would see that there isn’t a valid claim.
But that’s an important check. You have a constitutional right to speak anonymously. ”

“ So you can have situations in which people are in the right, and are putting up constitutionally protected criticism, exercising their rights to speak anonymously, but may not have the resources to defend those rights. ”

“ In other words, it’s not that they’re just sort of reproducing it out of hand, but they’re actually talking about it, they’re discussing it, it’s part of the commentary and criticism of the piece itself. ”

“ And there have been many instances over the last decade or so, as the Internet has risen to prominence, in which people have attempted to identify somebody who posted a message on a message board, bulletin board, elsewhere on the Internet and they sought to find their identities. ”