[Note: This item comes from Dave Farber’s IP List. DLH]
From: “EFF Press” <firstname.lastname@example.org>
Date: Oct 27, 2014 4:58 PM
Subject: [E-B] EFF: Which Service Providers Side With Users in IP Disputes?
Electronic Frontier Foundation Media Release
For Immediate Release: Monday, October 27, 2014
Director of Copyright Activism
Electronic Frontier Foundation
+1 415 436 9333 x123
Which Service Providers Side With Users in IP Disputes?
WordPress, NameCheap Receive Five Stars in New EFF
San Francisco – The Electronic Frontier Foundation (EFF)
today released a new report and scorecard that shows what
online service providers are doing to protect users from
baseless copyright and trademark complaints.
“Who Has Your Back: When Copyright and Trademark Bullies
Threaten Free Speech” examines how online service providers
handle copyright and trademark-based takedown requests.
The report expands upon EFF’s influential “Who Has Your
Back” annual report covering how online service providers
protect users’ data from government requests.
“When a private citizen or corporation wants to silence
speech on a major online platform, the quickest method is
often a copyright or trademark complaint,” EFF Director of
Copyright Activism Parker Higgins said. “EFF has worked for
many years to help people whose speech is unfairly targeted
by these sorts of complaints, and we’ve seen how important
it is that speech platforms have policies that help protect
EFF examined 13 companies and issued stars if they met the
baseline standards for what a service can do to defend its
users’ speech against copyright and trademark bullies. The
services could receive a maximum of five stars, based on
criteria including publicly documented procedures for
responses to DMCA takedown notices and counter-notices, how
the services handle trademark disputes, and if the company
issued detailed transparency reports.
Automattic’s WordPress.com and NameCheap were the only two
companies to receive five out of five stars. However, two
other companies were recognized for going the extra mile:
Etsy, for providing educational guides, and Twitter, for
publishing regular and thorough transparency reports.
Overall, 10 companies did not publish adequate transparency
reports, highlighting an information black hole for
consumers. Additionally, four companies missed a star for
their counter-notice practices–a critical procedure for
restoring content that may have been taken down without
“Major online platforms are essential to online expression,
so their policy decisions can have a huge impact on public
discourse,” EFF Intellectual Property Director Corynne
McSherry said. “As users choose which platforms will host
their updates, writing, images, and videos, they ought to
know which of these services have publicly committed to
treating their speech fairly and even helping them fight
back against bullies that would try to take it down.”
For the report:
For the shareable infographic:
For this release:
The Electronic Frontier Foundation is the leading
organization protecting civil liberties in the digital
world. Founded in 1990, we defend free speech online, fight
illegal surveillance, promote the rights of digital
innovators, and work to ensure that the rights and freedoms
we enjoy are enhanced, rather than eroded, as our use of
technology grows. EFF is a member-supported organization.
Find out more at