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New Media Rights answers questions from the public and takes media inquiries regarding the law and technology. Please contact us if you have a question and we'll be glad to assist you. Our free legal and how-to resources, as well as our free public media studio and equipment, are supported by donations by individuals like you, so please consider donating today! Contact us with questions about your digital rights.

Net Neutrality Rules: Illogical logic governs what ISPs can block

Dan Terzian's picture
Submitted by Dan Terzian on Tue, 10/18/2011 - 15:06

Net Neutrality Illogical logic thumbnail

As we recently discussed, the FCC’s new Net Neutrality rules forbid Internet service providers (ISPs) from blocking access to certain materials. These rules make clear that “fixed broadband” ISPs (AKA cable and DSL Internet providers) cannot block access to lawful materials. But, illogically, whether they can block access to unlawful materials is not at all clear.

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How we helped a local filmmaker & our guide for filesharing defendants

Submitted by New Media Rights on Mon, 10/17/2011 - 21:54
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September Newsletter: Success stories, challenging AT&T, and Blogworld 2011

Submitted by New Media Rights on Thu, 09/08/2011 - 09:40

Our September newsletter brings news of success stories fighting DMCAi abuse, a grant awarded by the California Consumer Protection Foundation, and our continuing efforts to stop the AT&T-Tmobile merger. 

You can also catch us in person at Media Law in the Digital Age in October, a conference coproduced by Harvard Berkman Center's Digital Media Law Project and the Center for Sustainable Journalism at Kennesaw State University, as well as Blogworld 2011 in LA in November.

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Copyright Office decision supports cell phone jailbreaking, encourages educators and remixers

Submitted by Shaun Spalding on Thu, 07/29/2010 - 13:14

Regardless of how one feels about the Digital Millenium Copyrighti Act (DMCAi) as a whole, it’s clear that the Copyright Office's recent rulemaking process has appropriately further limited the DMCA's anti-circumvention provision. In February 2009, New Media Rights submitted comments in support of these changes that have now been enacted.

The Office's ruling attempted to clarify the DMCA's prohibition on “circumventing” digital rights management (DRMi) and “other technical protection measures” -- a prohibition that, up until now, has given Apple the theoretical right to intimidate iPhonei users with “jailbroken” phones with legal action. The Office ruled that this jailbreaking does not constitute violation of the DMCA. Although Apple has never prosecuted any iPhone jailbreaker under the DMCA, Apple did strongly object to any exemption to the anti-circumvention rule. This has led many general interest news sources to label these recent exemptions as a victory specific to iPhone jailbreakers which isn’t true.  The victory is a broader one, for cell phone users, video remix artists, documentarians, and educators, among others.

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Let the Wookie Win: A Short History of Star Wars Litigation

Submitted by Shaun Spalding on Tue, 07/20/2010 - 10:34

San Diego Comic Con has arrived again! Although New Media Rights provides assistance to creators and internet users nationally, we are firmly rooted in San Diego and supporting local San Diego arts and culture.

Every year, Comic Con brings Storm Troopers fraternizing with Bounty Hunters back to downtown San Diego, and grown women huddled up in Tauntaun sleeping bags back to the Convention Center’s hallways.

To celebrate Star Wars Day and Comic Con returning to San Diego, and to prove learning about the law can be fun (sometimes), we present to you a short history of Star Wars trademark litigation: two cases in which Lucasfilm took people to court over Star Wars and lost.

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New Media Rights files comments in FCC Future of Media proceeding

Submitted by New Media Rights on Mon, 05/10/2010 - 11:13

San Diego, California - On Friday May 7th, 2010 New Media Rights submitted comments in the FCCi's Future of Media proceeding. 

New Media Rights' comments to the Commission draw directly on our experience providing one-to-one pro bono legal assistance as well as a free public media studio to creators of all types.  Our work has given us the opportunity to engage with a wide variety of media makers, advocates and citizens.  These comments are also intended to supplement a conversation held between New Media Rights, Free Press, Main Street Project, People's Production House, The Transmission Project and Mountain Area Information Network with the FCC's Steve Waldman on Thursday May 6th, 2010.

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How service providers deny users the right to counternotify for content removed by DMCA takedown notices

art neill's picture
Submitted by art neill on Tue, 12/01/2009 - 17:44

DMCA pic

New Media Rights recently heard from a blogger who received notification that a takedown notice was sent to their service provider, a website that hosts individuals blogs, and that the user’s content was removed.  However, the blogging service didn't

1) Identify the individual who requested the information be taken down OR

2) Specifically identify the infringing material

What's the problem?  This essentially destroys a users right to counternotify, allowing overreaching large content companies to control and remove Internet speech at will. 

Learn about the problem here, and learn how to fight back if you have content removed by a DMCA takedown notice.

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"I don't know a twitter from a tweeter."

pete fuentes's picture
Submitted by pete fuentes on Thu, 06/18/2009 - 13:03

Secretary of State Hillary Clinton's joyful comment on twitter, and the technolgy that's bringing us news out of Iran.

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