Chilling Effects
Home Weather Reports Report Receiving a Cease and Desist Notice Search the Database Topics
Sending
Topic HomeFAQsMonitoring the legal climate for Internet activity
Chilling Effects
 Chilling Effects Clearinghouse > International > Choose a Topic Area Printer-friendly version

Clearinghouse Topic Areas, by name:

Chilling Effects
Copyright
 - Anticircumvention (DMCA)
 - Copyright and Fair Use
 - Derivative Works
 - DMCA Safe Harbor
 -  - DMCA Notices
 - DMCA Subpoenas
 - Piracy or Copyright Infringement
 - Reverse Engineering
Defamation
Fan Fiction
International
 - Court Orders
John Doe Anonymity
Linking
No Action
Patent
 - E-Commerce Patents
Responses
Right of Publicity
Trade Secret
Trademark
 - Domain Names and Trademarks
 -  - ACPA
 -  - Documenting Your Domain Defense
 -  - UDRP
 - Protest, Parody and Criticism Sites
Uncategorized

Choose a Topic Area

(1) by name, (2) by "trigger" question or activity, or (3) by description.

Topic Descriptions

ACPA
The Anticybersquatting Consumer Protection Act is a U.S. federal law protecting trademarks from cybersquatters. The law is independent of the ICANN UDRP procedure, and a trademark holder may sue even after losing an UDRP complaint.
Topic maintained by Berkman Center for Internet & Society

Anticircumvention (DMCA)

The Digital Millennium Copyright Act (DMCA) makes it illegal to circumvent digital protection systems used by copyright holders to protect software, electronics products, and digital content. Video game manufacturers, electronic book publishers, and movie studios all use these control systems on their products. While the stated goal of these anti-circumvention provisions is to reduce pirating of copyrighted goods, the law gives copyright holders who distribute their work in digital form the ability to severely limit what scientists, researchers, and the broader public can do with the product.
Topic maintained by Samuelson Law, Technology and Public Policy Clinic

Chilling Effects
Do you know your online rights? How often are legal threats used to silence Internet activity? Help us to find out and counter baseless threats with the "chilling effects clearinghouse." We are gathering a database of cease and desist notices sent to Internet users, and analyzing those letters in issue-spotting FAQs (informal memos) to be posted on the site. The site also offers background material and explanations of the law for people whose online activities include topics such as fan fiction, copyright and the Digital Millennium Copyright Act, trademark and domain names, anonymous speech, and defamation.
Topic maintained by Chilling Effects

Copyright
The "Copyright" topic area includes discussions of traditional copyright, fair use, reverse engineering, and the new additions to copyright of the Digital Millennium Copyright Act (DMCA). The DMCA topics include the ISP safe harbor and its conditions (notice and takedown), and the anticircumvention provisions of section 1201. See any of the subtopics for details.
Topic maintained by USF Law School - IIP Justice Project

Copyright and Fair Use
The fair use defense applies to many claims of copyright infringement. This topic examines the defense and its applications in more detail.
Topic maintained by George Washington University Law School

Court Orders

Defamation
The law of defamation balances two important, and sometimes competing, rights: the right to engage in free speech and the right to be free from untrue attacks on reputation. In practice, the filing or even the threat to file a lawsuit for defamation has sometimes been used as a tool to shut down legitimate comments on the Internet.
Topic maintained by USF Law School - IIP Justice Project

Derivative Works
U.S. Copyright law gives artists the right to control and benefit from works based on their original creations (derivative works). Yet, many artists thrive on using material from popular culture to create art with a message. From distorting Barbie's appearance in order to counterthe idea that white, blond, and thin are female ideals, to reworking the classic Gone With the Wind from the perspective of a slave and half-sister of Scarlet O'Hara, these artists recognize that our culture benefits from a rich public domain. This page explores the uneasy relationship between copyright protection and the creative process and gives artists information about derivative work protection and fair use.
Topic maintained by Stanford Center for Internet & Society

DMCA Notices

Topic maintained by Chilling Effects

DMCA Safe Harbor
If a copyright owner claims that an individual is displaying or distributing infringing materials, it can request that the service provider which transfers or stores the material remove it from the Web. Section 512 of the Digital Millennium Copyright Act (DMCA) exempts service providers from liability for the damages resulting from infringing activities of their customers. In order to qualify for exemption, the service provider must meet several criteria and must follow certain procedures, including notifying its customers about its policies. There are also specific requirements for the way in which a copyright owner must notify the service provider requesting the removal of potentially materials from their systems.
Topic maintained by Chilling Effects

DMCA Subpoenas
Topic for reporting and information on uses and abuses of DMCA section 512(h) subpoenas.

Documenting Your Domain Defense
So---you've been accused of "bad faith" or being a "cybersquatter" (whatever that is) and an action has been filed against you under the UDRP to take away your domain name. Well, you know you are innocent of these charges. But, you have only a few days to get things together and prepare your defense. This section will suggest the kind of evidence that you will need to provide to the UDRP Panel deciding your case and how to find and present that evidence. This section will, also, include practical considerations you should be aware of as you get ready to mount your defense.
Topic maintained by USF Law School - IIP Justice Project

Domain Names and Trademarks
Speaker or cybersquatter? Consumer advocate or source of consumer confusion? Those who speak online are tagged with these labels -- and threatened with lawsuits -- based on the domain names they use to draw traffic to their site. Commercial entities, meanwhile, spend huge amounts of money to develop their brands and cannot afford to have them diluted or abandoned through lack of enforcement. The ACPA and the UDRP both provide new rights to mark owners to take domain names away from those who register or use them "in bad faith."
Topic maintained by Berkman Center for Internet & Society

E-Commerce Patents
This subtopic of Patents higlights broad e-commerce patent claims and the Internet uses chilled by their enforcement threats.
Topic maintained by University of Maine School of Law

Fan Fiction
Fan fiction is a term that describes authors' creative writing that uses preexisting characters from television, movies or other fiction. Usually composed of short stories, fan fiction used to be published in 'zines and mailed to a small number of subscribers. Today, this Internet allows authors to publish their work to a much wider audience. It also makes it easier for the people who first introduced the popular characters used in the fiction to find these stories and try to take them off line. This section explains laws that may regulate how a fan fiction author can use characters or settings from other creative works.
Topic maintained by Stanford Center for Internet & Society

International
The "International" category contains notices demanding takedowns from sites outside of the United States, invoking non-US law.
Topic maintained by Chilling Effects

John Doe Anonymity
Do you post to a public message boards or discussion areas on websites such as Yahoo, AOL or Raging Bull? Do you use a pseudonym, fake name or a "handle"? Has someone asked the host of the discussion or your ISP to turn over information about you or your identity? If so, then the John Doe/Anonymity section may answer some of your questions.
Topic maintained by Stanford Center for Internet & Society

Linking
The World Wide Web works through hyperlinks that permit web browsers to move quickly from one page to another. What are your rights when other website owners object to your site's links?
Topic maintained by Electronic Frontier Foundation

No Action

Topic maintained by Chilling Effects

Patent
This section provides an overview of patent law and some specific information on software and business method patents.
Topic maintained by University of Maine School of Law

Piracy or Copyright Infringement
"Piracy" is a slang term for copyright infringement, the unlawful reproduction of the work of another, often for the purpose of re-distribution and profit. Modern day "pirates" can make perfect digital copies of songs, videogames or software. Copyright holders worry that customers will buy the infringing copy of the work for less, or get it for free, and then the profits will go to the infringer and not to the legitimate owner. As a result they police the Internet, sending cease and desist letters to web sites that report on piracy or distribute software that can be used to copy MP3s or movies. If someone can download songs, games or other material that may be copyrighted from or through your website then you might be accused of piracy or "contributory copyright infringement." If you are such a publisher or web page hoster, this page provides you with some basic legal information about copyright infringment, contributory infringement and vicarious infringment that may help.
Topic maintained by Stanford Center for Internet & Society

Protest, Parody and Criticism Sites
The Internet, which offers inexpensive access to a worldwide audience, provides an unparalleled opportunity for individuals to criticize, protest and parody. Yet when a trademark owner becomes aware of a site that criticizes and/or parodies its company or products, it may send a cease and desist letter to the domain name holder of the site. And, even though free speech protects the right to criticize, protest and parody, the use of a trademark to identify the protest site and some of the actual content of the site may violate trademark or other intellectual property rights
Topic maintained by USF Law School - IIP Justice Project

Responses
This is not an independent topic, but holds responses to cease-and-desists or counter-notifications to DMCA takedown notices.

Reverse Engineering
If, in the development of your work, you are engaged in a project that requires reverse engineering, there are complex legal limitations you should consider when conducting your work. Historically, reverse engineering has been protected by our legal system as an acceptable practice in the development of technology in many different contexts. Through the use of restrictive licensing provisions that prohibit reverse engineering and the addition of "digital locks" enforced by law, however, many forms of reverse engineering are becoming difficult to engage in legally.
Topic maintained by Samuelson Law, Technology and Public Policy Clinic

Right of Publicity
The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona. It gives an individual the exclusive right to license the use of his or her identity for commercial promotion.
Topic maintained by Berkman Center for Internet & Society

Trade Secret
Do you have an idea or information that you believe is valuable to your business and would like to ensure that nobody knows it? Are you wondering what a trade secret is? Have you received a letter stating that you have "misappropriated a trade secret"? If the answer is yes to any of these questions, then all the general information you need to know can be found here!
Topic maintained by Santa Clara University School of Law High Tech Law Institute

Trademark
The "Trademark" topic area covers the basics of trademark (brand name) infringement and dilution and then looks at how trademark law is being applied in the context of online speech. This topic covers domain names, meta tags, ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) and the federal Anticybersquatting Consumer Protection Act (ACPA). Follow the sub-topic links for details.
Topic maintained by Berkman Center for Internet & Society

UDRP
ICANN's Uniform Domain-Name Dispute-Resolution Policy is the mandatory arbitration procedure all domain name holders must agree to when they register a domain. If you own a domain name, you can be made to defend your "right or legitimate interest" in the name against claims that you registered it in "bad faith."
Topic maintained by Berkman Center for Internet & Society

Uncategorized
Notices here don't fit into any of Chilling Effects' existing categories.
Topic maintained by Chilling Effects


Select a Topic Area by choosing among possible trigger activities:

Chilling Effects Clearinghouse - www.chillingeffects.org
disclaimer / privacy / about us & contacts