Tom Sydnor: EFF’s arguments in Green v. Lynch: Another misguided attack on the DMCA

There they go again!  Maybe why the court refused to let EFF file friend of the court papers in BMG Music Rights v. Cox Communications!

[Google Shill List Member t]he Electronic Freedom Foundation (EFF) opposes essentially all known means of enforcing copyrights on the Internet. The most recent example of this is the EFF’s comments in Green v. Lynch. Here EFF has filed a Complaint for Declaratory and Injunctive Relief,” alleging that the “anti-circumvention” provisions codified in Sections 1201-05 of the US Copyright Act (and enacted as Title I of the 1998 Digital Millennium Copyright Act) violate First Amendment rights.

There are two problems with EFF’s arguments in Green v. Lynch. First, its substantive arguments are exceptionally weak, and have failed before. Second, were its arguments accepted, they should require a court to vacate the inter-related online-service-provider (OSP) liability limitations enacted in Title II of the DMCA – which does not include a severance clause.

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