Bogus IP Claims Quash Debate Over Future of NYC Landmark

[David Farber <dave () farber net>]

Begin forwarded message:

From: EFF Press <press () eff org>
Date: November 18, 2008 11:40:50 AM EST
To: presslist () eff org
Subject: [E-B] EFF: Bogus IP Claims Quash Debate Over Future of NYC  
Landmark
Reply-To: press () eff org

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, November 18, 2008

Contact:

Michael Kwun
  Senior Intellectual Property Attorney
  Electronic Frontier Foundation
  michael () eff org
  +1 415 436-9333 x136

Corynne McSherry
  Staff Attorney
  Electronic Frontier Foundation
  corynne () eff org
  +1 415 436-9333 x122

Bogus IP Claims Quash Debate Over Future of NYC Landmark

Parody Website Shut Down by Baseless Lawsuit Against
Community Organizer

New York - A New York City community organizer is fighting
back in court after her parody website challenging
redevelopment efforts in New York City's historic Union
Square was shut down with bogus claims of copyright
infringement and cybersquatting.

The Electronic Frontier Foundation (EFF) is representing
Savitri Durkee, an activist concerned with preserving the
character of Union Square and Union Square Park.  As one
part of her education campaign, Durkee created a website
parodying the official website of Union Square Partnership
(USP), a group backing extensive redevelopment of the area.
In response, USP sent Durkee's Internet service provider a
notice pursuant to the Digital Millennium Copyright Act
improperly asserting that her parody site infringed USP's
copyright, leading to the shutdown of the site.  USP then
filed a copyright lawsuit against Durkee and later filed a
claim with the World Intellectual Property Organization
(WIPO) seeking to take control of the parody site's domain
name.

EFF today filed a response to USP's complaint on Durkee's
behalf, pointing out that Durkee's parody is protected
under the First Amendment and fair use doctrine.  The
response includes counterclaims asking the court to declare
that her site does not infringe USP's trademarks and to
prevent USP from taking control of Durkee's domain name, as
well as to find that USP's complaint was intended to stifle
legitimate political speech.  Durkee is also seeking
compensation for the abridgement of her speech.

"Union Square is where the U.S. labor movement was born and
where abolitionists, suffragettes, civil right activists
and many others have fought for and exercised their First
Amendment rights," said Durkee.  "It's ironic that USP is
now trying to keep me from using my parody website to speak
out about the future of Union Square."

In the WIPO proceedings, USP has argued that Durkee's
website copied elements of USP's website and that users are
likely to be confused into thinking the parody site is
actually USP's site.

"Ms. Durkee's site is a parody, so of course it mimicked
USP's site to some extent.  That's how parodies work," said
EFF Staff Attorney Corynne McSherry.  "The parody site is
plainly a fair use and protected by the First Amendment.
This is a case about censoring speech, not about
infringement."

In addition to filing her answer and counterclaims, Durkee
today filed a letter with the court asking for a prompt
hearing on her fair use defense.  Durkee asked the court to
convene a conference as soon as possible to set a schedule
for briefing and a hearing.

The law firms Mayer Brown LLP and Gross & Belsky LLP are
co-counsel in this case.

For the full answer and counterclaim:
http://www.eff.org/files/filenode/usp_v_durkee/Answer%20and%20Counterclaims.pdf


For more on USP v. Durkee:
http://www.eff.org/cases/usp-v-durkee

For this release:
http://www.eff.org/press/archives/2008/11/18

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


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