EFF: Self-Help Group Backs Off Attack on Internet Critic

Electronic Frontier Foundation Media Release

For Immediate Release: Thursday, November 30, 2006

Contact:

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

Kurt Opsahl
   Staff Attorney
   Electronic Frontier Foundation
   kurt@eff.org
   +1 415 436-9333 x106

Self-Help Group Backs Off Attack on Internet Critic

Landmark Forum Withdraws Subpoena for Identity of Anonymous
Poster

San Francisco - A controversial self-help group has backed
off its attack on an Internet critic after the Electronic
Frontier Foundation (EFF) intervened in the case.

Landmark Education, known for its Landmark Forum
motivational workshops, served a subpoena for the identity
of an anonymous user of Google Video last month, claiming
that a French documentary posted by the user infringed
Landmark's copyrights.  The piece, entitled "Voyage Au Pays
Des Nouveaux Gourous" (Voyage to the Land of the New
Gurus), is highly critical of Landmark and included hidden
camera footage from inside a French Landmark Forum event
along with panel discussions about the group.  The piece
had also been posted with English subtitles on popular U.S.
video sites YouTube and the Internet Archive.

In a settlement reached Tuesday, Landmark agreed to
withdraw the subpoena to Google and end its quest to pierce
the anonymity of the video's poster.  Landmark has also
withdrawn its subpoena to the Internet Archive.  EFF
represents both the anonymous critic and the Internet
Archive.

"We're glad that Landmark withdrew its subpoenas, and our
client's right to speak anonymously was preserved," said
EFF Staff Attorney Kurt Opsahl.  "Hopefully Landmark has
learned its lesson and will cease its campaign to stifle
criticism by misusing the DMCA."

The Digital Millennium Copyright Act (DMCA) allows a
content owner to issue a subpoena for the identity of an
alleged infringer without first filing an actual lawsuit.
The provision can be used to intimidate Internet users who
wish to remain anonymous online.  As part of the
settlement, Landmark released any and all claims it may
have had against the anonymous poster, and the poster
agreed not to re-post the video.  The video is currently
available online from other sources, including the
Australian Cult Awareness & Information Centre,
http://www.caic.org.au/, and bit-torrent.

"Landmark's legal threats took an emotional toll," said the
anonymous poster, known as "John Doe" in the settlement.
"When I found out that my identity might be revealed based
on a bogus copyright claim, I was really worried that
Landmark might try to retaliate against me."

The settlement is part of EFF's ongoing campaign to protect
the right of anonymous speakers on the Internet.  Earlier
this year, EFF helped to preserve the anonymity of online
embroidery fans critical of an industry group, and also
protected the identities of users of an online message
board discussing Oklahoma public schools.

For the letter confirming the subpoena withdrawal:
http://www.eff.org/legal/cases/landmark/letter_to_edmund_...

For the full settlement agreement:
http://www.eff.org/legal/cases/landmark/settlement_agreem...

For more on Landmark's subpoena campaign:
http://www.eff.org/legal/cases/landmark/

For the video:
http://www.caic.org.au/index.php?option=com_content&t... 


For this release:
http://www.eff.org/news/archives/2006_11.php#005024

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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