EFF: Media Giant Bullies Internet Critic

Electronic Frontier Foundation Media Release

For Immediate Release: Thursday, February 15, 2007

Contact:

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

Media Giant Bullies Internet Critic

Discovery Communications Tries to Chill Speech with
Baseless Legal Claims

San Francisco - The Electronic Frontier Foundation (EFF)
warned Discovery Communications, Inc., today to cease its
demands for the removal of an online template that uses
humor to help people criticize the media company.

The "SpankMaker," located at
http://www.spankmymarketer.com/, helps users create
parodies of a controversial marketing campaign in
connection with a Discovery television production.  The
online tool provides images from the marketing campaign and
Discovery's corporate websites, and allows users to modify
them with commentary.

A lawyer for Discovery has demanded that the website
operator remove the template, claiming it infringes
Discovery's copyright and is used to defame the company.
But in a letter sent in response today, EFF outlines how
the use of the images in the template is clearly a
non-infringing parody.  EFF also explains that the comments
that offended Discovery are not libelous and that, in any
event, Section 230 of the Communications Decency Act
protects the creator of the SpankMaker from liability for
comments written by others.

"Once again, a business is trying to use false legal claims
to chill criticism," said Staff Attorney Corynne McSherry.
"Fortunately, more and more, the targets of these kinds of
threats are fighting back."

EFF's letter is part of its ongoing campaign to protect
online free speech.  Earlier this month, EFF provided legal
support for environmental activists who were threatened by
the Chicago Auto Show after posting an Internet parody.  In
November, EFF reached an agreement with the corporate
owners of the popular children's television character
Barney the Purple Dinosaur to withdraw meritless legal
threats against a website publisher who parodied the
character.

For EFF's response letter:
http://eff.org/legal/cases/discoverycom_v_rubinstein/resp...

For this release:
http://www.eff.org/news/archives/2007_02.php#005126

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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