The Big Story: Congress must keep startups in mind while reviewing the DMCA. The House Judiciary Committee held a hearing this week about § 512 of the Digital Millennium Copyright Act (“DMCA”)—a critical area of the law for startups which provides a balanced and certain framework for addressing allegations of online copyright infringement. As we have explained, if Congress were to consider any revisions, it is…

Oracle v. Google SCOTUS Oral Arguments Next Week. Ahead of the October 7 Supreme Court oral arguments in Google v. Oracle, Jonathan Band explained ”potentially one of the most consequential copyright cases in decades.” The Supreme Court’s decision will have lasting implications on software development, innovation and competition. Amidst concerns around the Justice Department’s politicization, Band also raised questions on…

EFF is standing with a huge coalition of organizations to urge Congress to oppose the Online Content Policy Modernization Act (OCPMA, S. 4632). Introduced by Sen. Lindsey Graham (R-SC), the OCPMA is yet another of this year’s flood of misguided attacks on Internet speech (read bill [pdf]). The bill would make it harder for online platforms to take common-sense moderation measures…

Letter to Senate Judiciary Committee Opposing Online Content Policy Modernization Act

This year has been difficult for every individual and company in the country. During a global pandemic, which has caused widespread economic damage and uncertainty, startups are struggling—struggling to find funding, struggling to navigate existing government relief programs, and struggling to maintain jobs and operations (let alone sustain growth). And across the country, people are looking to Washington for support…

On October 7, 2020, the Supreme Court will hold oral argument in Google v. Oracle, potentially one of the most consequential copyright cases in decades. This post will explain the complex facts and issues before the Court. For further background on the case, see here. What is the case all about? We’ll start with what the case is not about….

When TikTok selected Oracle as its technology partner in response to President Trump’s executive order that the Chinese firm ByteDance divest its control of TikTok’s U.S. operations, there was widespread speculation in the press that the choice was motivated by the support Oracle’s Chairman and CEO have provided to President Trump. It was assumed that TikTok and Oracle hoped that…

Section 1201 Hearing. During a U.S. Senate Intellectual Property Subcommittee hearing on Section 1201 of the DMCA, Blake Reid from the University of Colorado Law School addressed the “substantial” need for reforms to Section 1201. In his prepared statement, Prof. Reid wrote: “Section 1201’s scope has crept like a fast-growing weed over the past two decades, transforming what Congress intended…

Startup Internet platforms operating in the European Union may soon face complex and expensive rules to avoid liability when their users are accused of copyright infringement. This week Engine submitted comments to the European Commission arguing for fair, balanced, and proportional implementation of the recent copyright policy directive known as Article 17. In our comments, we urged the Commission and…