DMCA Subpoenas Should Not Be Abused to Silence Speech - 2006-10-30
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.
The French documentary, entitled Voyage Au Pays Des Nouveaux Gourous (Voyage to the Land of the New Gurus), is not copyrighted by Landmark, but it does contain hidden camera footage from inside the Landmark Forum. 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.