Hot Documents: EFF Takes On the Director of National Intelligence and Universal Music Group

Recent filings from two important cases in which the EFF is involved are now available on JD Supra:

1) EFF’s suit against the Office of the Director of National Intelligence and the Department of Justice demanding information about telecommunications companies’ efforts to get off the hook for their role in the government’s illegal electronic surveillance of millions of ordinary Americans. EFF’s suit sought the immediate disclosure of the agencies’ telecom lobbying records, including any documents concerning briefings, discussions, or other contacts officials have had with representatives of telecommunications companies or members of Congress. On April 4, 2008, the Court granted EFF’s request for an order requiring the defendants to produce the records sought, which is available here, along with the other filings in the case.

2) Universal Music Group’s suit against an eBay seller based on claims of copyright infringement. EFF and the San Francisco law firm of Keker & Van Nest LLP are representing Troy Augusto, whose online auctions included sales of promotional CDs distributed by Universal. Universal claims that CDs marked as "promotional use only" remain the property of Universal and thus can never be resold.  Augusto’s position is that the copyright law’s "first sale" doctrine makes it clear that the owner of a CD is entitled to resell it without the permission of the copyright holder, and further, that Universal violated section 512(f) of the Digital Millenium Copyright Act (see Answer & Counterclaim).  Last week, EFF and Keker & Van Nest filed a motion for summary judgment on behalf of the defendant and counterclaim plaintiff, available here.