braz

Thursday, February 24, 2005

Chilling Effects Project

Here's an interesting web resource:

The Chilling Effects project aims to help you understand the protections that the First Amendment and intellectual property laws give to your online activities. The Chilling Effects project encourages respect for intellectual property law, while frowning on its misuse to "chill" legitimate activity.

A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, and George Washington School of Law clinics.

Do you know your online rights? Have you received a letter asking you to remove information from a Web site or to stop engaging in an activity? Are you concerned about liability for information that someone else posted to your online forum? If so, this site is for you.

Chilling Effects aims to help you understand the protections that the First Amendment and intellectual property laws give to your online activities. We are excited about the new opportunities the Internet offers individuals to express their views, parody politicians, celebrate their favorite movie stars, or criticize businesses. But we've noticed that not everyone feels the same way. Anecdotal evidence suggests that some individuals and corporations are using intellectual property and other laws to silence other online users. Chilling Effects encourages respect for intellectual property law, while frowning on its misuse to "chill" legitimate activity.

The website offers background material and explanations of the law for people whose websites deal with topics such as Fan Fiction, Copyright, Domain Names and Trademarks, Anonymous Speech, and Defamation.

http://www.chillingeffects.org/

2 Comments:

  • It would be interesting to see a comparison of US law with European law. Plus how does international law or even the UN declaration of human rights fit into the picture.

    There are so many questions to be addressed in this area. For example, check out the terms and conditions of the O2 website. See section 7 which states:

    "The contents of O2.IE and of the Services are provided as is. No representation or warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement, arising under statute or under the common law, or from a course of dealing, or custom, or trade practice, is made in relation to the accuracy, reliability, completeness, up to date nature or contents of the pages in this Website and O2 Ireland disclaims all responsibility and liability therefor".

    If they cannot provide a warranty that the site is accurate then how can these terms and conditions be applied? What is legal on the site?

    The same with the Ryanair where the information on the site is "subject to change without notice". If it is subject to change then how can any contracts be binding when booking a flight? Am I missing something?

    By Blogger amadán, at 4:41 p.m.  

  • I think that a contact is defined by the exchange and acceptance of a set of terms at a particular instant in time so that I think that post contract acceptance that it is difficult to change it. In Ryanair's case, its interesting as I'm sure that with the small print they have some coverage due to the variations of the airline industry.

    By Blogger Eoin Brazil, at 12:15 p.m.  

Post a Comment

<< Home