The Electronic Frontier Foundation (EFF) has sued the government on behalf of technology creators and researchers in a bid to overturn Section 1201. The lawsuit challenges the "anti-circumvention" and "anti-trafficking" provisions of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §§ 1201(a), 1203, and 1204. The Complaint alleges these provisions broadly restrict the public's ability to access, speak about, and use copyrighted materials, without the traditional safeguards—such as the fair use doctrine—that are necessary to protect free speech and allow copyright law to coexist with the First Amendment. The EFF represents Johns Hopkins University computer security researcher Matthew Green, as well as computer scientist and inventor Andrew Huang and his company Alphamax LLC. The case is Green v U.S. Department of Justice et al (D.D.C.) https://www.eff.org/document/1201-complaint
- To read more about the case, see: EFF Sues Feds Over 'Unconstitutional' Copyright Law
Bitmanagement Software GmbH has sued the United States of America in the U.S. Court of Federal Claims alleging infringement of its virtual reality software. Bitmanagement granted 38 licenses to install its software to the Navy. It is alleged that the Navy installed the software onto hundreds of thousands of its computers without obtaining additional licenses. Bitmanagement is seeking $600 million in damages – the market value of unpaid licenses. The case is Bitmanagement Software GmbH v The United States of America. A link to the Complaint can be found in the Business Insider story that we link to this week.
- To read more about the case, see: Bitmanagement sues US Navy for $600 million for allegedly pirating software
Other Copyright stories that we bring you this week include a story about the unauthorized use of popular music at political events, such as Ivanka Trump taking the stage at the Republican national convention to the sounds of the Beatles' "Here Comes the Sun," and the protests of five intellectual property law professors that the Copyright Office is taking positions that run contrary to the Supreme Court's decision in Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 (1984).
- To read more about these events, see: Is politicians' use of music at conventions legal? and Whose Copyright Office?
Finally, one thing you have to appreciate about copyright law, is the rich diversity of subject matter protected by copyright. BigMouth Inc. has sued two companies alleging they are infringing its copyrighted designs for inflatable pool toys, including an inner tube that looks like a pink frosted doughnut - with a bite taken out of it. Read more about the case in the story: The $4 Million Battle Over Inflatable Pool Toys.
- To read more about the case, see: The $4 Million Battle Over Inflatable Pool Toys
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
