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Eric Eldred (born 1943) is an American literacy advocate and the proprietor of the unincorporated Eldritch Press. Eldred was lead plaintiff in Eldred v. Ashcroft , a lawsuit that challenged the constitutionality of the Sonny Bono Copyright Term Extension Act but lost in the U.S. Supreme Court in 2003 with the lawyer Lawrence Lessig. He co-founded Creative Commons and served on its board of directors. [1]
Eric Eldred has been described as a former computer programmer and systems administrator, a Boston writer, and a New Hampshire-based technical analyst. He is an independent scholar and first published online all of Nathaniel Hawthorne's works, as well as scanning many works for Project Gutenberg and others.
Eldred grew up in Florida, graduated from Harvard University in 1966 (philosophy, general studies), and then became a conscientious objector during the Vietnam War. He was ordered to work for two years as alternative service, at Massachusetts General Hospital in Boston, where he was a respiratory therapist and a chief pulmonary technologist until 1987. After he bought an Apple II computer in 1980, he was active in Apple users' groups and went to Harvard Extension School (programming and technical writing, C.A.S. 1991). Then he worked as an engineer at Apollo Computer (later Hewlett-Packard), and Cahners Publishing as a technical analyst and computer magazine journalist, then for Wang Government Services as a senior Unix systems administrator, before becoming disabled from repetitive strain injury.
During 2004–05, he lived in an Internet Bookmobile traveling the U.S. visiting schools and libraries and special events to show readers how to print their own free books. [2] [3]
Eldred is divorced, with three (triplet) daughters.
Eldritch Press is a website which republished the works of others in the public domain (no longer subject to copyright). For some years, Eldritch Press ran on a Linux server from Eldred's home and is now hosted by Ibiblio and no longer maintained by him. [4] Its principal feature was experimentation with HTML formats and the inclusion of graphics (while maintaining accessibility for blind readers) for online books that earlier had mostly been in ASCII format. Since the works, and Eldred's derivative works based on them, are in the public domain, anyone can make use of them, host them, and create more works of their own without payment or credit.
In 2004, Eldred was denied a permit at Walden Pond State Reservation to print and give away free copies of Walden on the 150th anniversary of its publication. [5] [6] In 2005, Eldred returned with a permit, secured with the help of the Berkman Center for Internet and Society at Harvard Law School, to print and give away copies of the book, and to demonstrate to readers how to self-publish and regain control of their own culture
In 1998, the Sonny Bono Copyright Term Extension Act was passed, preventing Eldred's plans to scan and publish works first published in the US after 1922. [7] He later became the lead plaintiff in Eldred v. Ashcroft , a lawsuit that challenged the constitutionality of this act, but lost in the US Supreme Court in 2003.
Project Gutenberg (PG) is a volunteer effort to digitize and archive cultural works, as well as to "encourage the creation and distribution of eBooks." It was founded in 1971 by American writer Michael S. Hart and is the oldest digital library. Most of the items in its collection are the full texts of books or individual stories in the public domain. All files can be accessed for free under an open format layout, available on almost any computer. As of 13 February 2024, Project Gutenberg had reached 70,000 items in its collection of free eBooks.
Salvatore Phillip "Sonny" Bono was an American singer, songwriter, actor, and politician. In partnership with his second wife, Cher, he formed the singing duo Sonny & Cher. A member of the Republican Party, Bono served as the 16th mayor of Palm Springs, California, from 1988 to 1992, and served as the U.S. representative for California's 44th district from 1995 until his death in 1998.
Openlaw is a project at the Berkman Klein Center for Internet & Society at Harvard Law School aimed at releasing case arguments under a copyleft license, in order to encourage public suggestions for improvement.
Eldred v. Ashcroft, 537 U.S. 186 (2003), was a decision by the Supreme Court of the United States upholding the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA). The practical result of this was to prevent a number of works from entering the public domain in 1998 and following years, as would have occurred under the Copyright Act of 1976. Materials which the plaintiffs had worked with and were ready to republish were now unavailable due to copyright restrictions.
Lester Lawrence "Larry" Lessig III is an American legal scholar and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University. He is the founder of Creative Commons and of Equal Citizens. Lessig was a candidate for the Democratic Party's nomination for president of the United States in the 2016 U.S. presidential election but withdrew before the primaries.
Jonathan L. Zittrain is an American professor of Internet law and the George Bemis Professor of International Law at Harvard Law School. He is also a professor at the Harvard Kennedy School, a professor of computer science at the Harvard School of Engineering and Applied Sciences, and co-founder and director of the Berkman Klein Center for Internet & Society. Previously, Zittrain was Professor of Internet Governance and Regulation at the Oxford Internet Institute of the University of Oxford and visiting professor at the New York University School of Law and Stanford Law School. He is the author of The Future of the Internet and How to Stop It as well as co-editor of the books, Access Denied, Access Controlled, and Access Contested.
The Public Domain Enhancement Act (PDEA) was a bill in the United States Congress, first introduced in the United States House of Representatives on June 25, 2003, which, if passed, would have added a tax for copyrighted works to retain their copyright status. The purpose of the bill was to make it easier to determine who holds a copyright, and to allow copyrighted works which have been abandoned by their owners, also known as orphan works, to pass into the public domain.
Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity is a 2004 book by law professor Lawrence Lessig that was released on the Internet under the Creative Commons Attribution/Non-commercial license on March 25, 2004.
Brad Templeton is a Canadian software developer, internet entrepreneur, online community pioneer, publisher of news, comedy, science fiction and e-books, writer, photographer, civil rights advocate, futurist, public speaker, educator and self-driving car consultant. He graduated from the University of Waterloo.
Perpetual copyright, also known as indefinite copyright, is copyright that lasts indefinitely. Perpetual copyright arises either when a copyright has no finite term from outset, or when a copyright's original finite term is perpetually extended. The first of these two scenarios is highly uncommon, as the current laws of all countries with copyright statutes set a standard limit on the duration, based either on the date of creation/publication, or on the date of the creator's death. Exceptions have sometimes been made, however, for unpublished works. Usually, special legislation is required, granting a perpetual copyright to a specific work.
Golan v. Holder, 565 U.S. 302 (2012), was a US Supreme Court case that dealt with copyright and the public domain. It held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of copyright protections to works previously in the public domain.
Open Library is an online project intended to create "one web page for every book ever published". Created by Aaron Swartz, Brewster Kahle, Alexis Rossi, Anand Chitipothu, and Rebecca Hargrave Malamud, Open Library is a project of the Internet Archive, a nonprofit organization. It has been funded in part by grants from the California State Library and the Kahle/Austin Foundation. Open Library provides online digital copies in multiple formats, created from images of many public domain, out-of-print, and in-print books.
Online Policy Group v. Diebold, Inc., 337 F. Supp. 2d 1195, was a lawsuit involving an archive of Diebold's internal company e-mails and Diebold's contested copyright claims over them. The Electronic Frontier Foundation and the Stanford Cyberlaw Clinic provided pro bono legal support for the non-profit ISP and the Swarthmore College students, respectively.
Kahle v. Gonzales, 487 F.3d 697 is a First Amendment case that challenges the change in the US copyright law from an opt-in system to an opt-out system.
Copyright Renewal Act of 1992, Pub. L. 102–307, 106 Stat. 264, enacted June 26, 1992, is the first title of the Copyright Amendments Act of 1992, an act of the United States Congress that amended copyright renewal provisions of Title 17 of the United States Code enacted under Copyright Act of 1976. The act eliminated the previous requirements under US law that a second term of copyright protection is contingent on a renewal registration with the U.S. Copyright Office. It amended the Copyright Act of 1976.
The Sonny Bono Copyright Term Extension Act – also known as the Copyright Term Extension Act, Sonny Bono Act, or (derisively) the Mickey Mouse Protection Act – extended copyright terms in the United States in 1998. It is one of several acts extending the terms of copyright.
The Copyright Clause describes an enumerated power listed in the United States Constitution.
The philosophy of copyright considers philosophical issues linked to copyright policy, and other jurisprudential problems that arise in legal systems' interpretation and application of copyright law.
321 Studios v. Metro Goldwyn Mayer Studios, Inc., 307 F. Supp. 2d 1085, is a district court case brought by 321 Studios seeking declaratory judgment from the court that their DVD ripping software, i.e. DVD Copy Plus and DVD X Copy do not violate the provisions of the Digital Millennium Copyright Act ("DMCA"), or, in the alternative, that the DMCA is unconstitutional because Congress exceeded its enumerated powers, these provisions are unconstitutionally vague and/or violate the First Amendment.
Ouellette v. Viacom, No. 9:10-cv-00133; 2011 WL 1882780, found the safe harbor provision of the Digital Millennium Copyright Act (DMCA) did not create liability for service providers that take down non-infringing works. This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA. The court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown.