Kurt Opsahl

“ DMCA Subpoenas Should Not Be Abused to Silence Speech The much maligned Digital Millennium Copyright Act (DMCA) allows a copyright holders to unmask an Internet user's identity based on a mere allegation of infringement without filing an actual lawsuit or providing the user any due process. ”

“ To the extent that Landmark has any copyright at all at issue, such limited and transformative use of a copyrighted work for purpose of criticism, commentary, and news reporting is self-evidently fair use. While Landmark may believe that the documentary is unfair (as asserted in its letters) , the DMCA is not an appropriate way to identify critics.
Landmark's efforts are being challenged on multiple fronts. The Internet Archive is fighting its subpoena, and EFF filed official objections on its behalf. ”

“ DMCA 512 (h) is troubling enough when used in cases of actual infringement, but even more troubling when used to stifle critical speech -- and far worse when the content at issue is about the subpoena-seekers, not by them.
Today, EFF announced that it is fighting back against Landmark Education's attempts to abuse DMCA subpoenas to Google Video, YouTube and the Internet Archive to identify people who posted a video documentary critical of the organization. ”