Art Schreiber, General Counsel, Erhard Seminars Training, personal attorney of Werner Erhard, President, General Counsel & Initial Agent, Werner Erhard and Associates,General Counsel & Chairman of the Board of Landmark Education responded:
[b:00c53c62d1]Landmark Fires Back at EFF[/b:00c53c62d1]
Landmark Fires Back at EFF
Organization says its subpoena of Google and YouTube is self-protection, not free speech muzzle.
November 3, 2006
An attorney for Landmark Education, a 15-year-old personal development organization, called charges made by a digital rights group that it is using copyright law as a tool to suppress the free speech rights of Google Video and YouTube uploaders inaccurate and unfounded.
Attorney Art Schreiber, general counsel for Landmark Education, said the organization he represents was simply protecting its intellectual property, not seeking to limit anyone’s right to full and free self-expression.
“We took these actions solely to protect our copyrighted material, which is the principal source of our business operations,” Mr. Schreiber said in an email to Red Herring. “While freedom of speech on the Internet is essential, it is also vital that copyrighted materials be protected.”
Landmark has subpoenaed YouTube, Google Video, and Internet Archive seeking the identity of the individuals who uploaded a French-made documentary that the group believes includes copyrighted portions of its program, the Landmark Forum (see Google, YouTube Video Challenge).
“Portions were taped without authorization by a person who was in the program under a false name,” Mr. Schreiber said.
The Electronic Frontier Foundation is challenging the subpoenas on the grounds that the usage of the material constitutes fair use since it is used for the purpose of criticism, commentary, and news reporting.
Fair use is a United States doctrine that spells out where one can freely use copyrighted material. Fair use frequently involves scholarship or review.
The case revolves around a French documentary entitled Voyage to the Land of the New Gurus, which includes hidden camera footage taken inside a Landmark event held in France, and additional footage inside Landmark’s offices in France.
The documentary has shown up on YouTube, Google Video, and Internet Archive.
“Upon learning that the video was posted on several web sites, we availed ourselves of the rights provided under the Digital Millennium Copyright Act (DMCA) to request the identity of the people who posted this video,” Mr. Schreiber wrote in his email.
“The Electronic Frontier Foundation (EFF) challenged our actions and alleged to the press that our copyright claims were bogus, which statement was then disseminated on the Internet,” he continued.
Mr. Schreiber said that Landmark Education’s goal is not to silence anyone, but to protect its core IP resources, which were infringed by the video.
“While we appreciate the work of the EFF, the allegation that our copyright claim is bogus is entirely inaccurate,” he said. “The facts are clear that the Landmark Forum program has for many years been copyrighted. Materials covered by this copyright registration were included throughout the video.”
Art Schreiber and his minions versus the free speech rights of anonymous individuals as upheld under The United States Constitution. Hmm...........
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