Hammond DMCA Claim Update

[Dude]

(04-20-2011 11:39 PM)RobMille Wrote:  

(04-20-2011 11:10 PM)Dude Wrote:  I'm sure that some people are getting ready to throw something at me, but have you considered contacting the ACLU? They will represent you for free as long as you, personally, agree to forego any attempt to sue for damages (e.g. you only seek to have your rights upheld and not to come out ahead financially). In recent years, they have been pretty good about defending quasi-news sites and Internet political commentators whose rights were being violated. I can't imagine that they would view a politico-religious commentator as much different and you meet the definition of the quasi-news site. Just a thought.

Plus, it would protect you depending on where the venue was (the FBC terms seemed to indicate Indiana as their choice of venue). I don't know where you live, but if it's not close to Indiana that's what could get you.

I'm normally a card carrying member of the ACLU (currently expired, but not for too long), but there's almost no chance they would be even slightly interested in the case. They are happy to protect/defend/sue when it involves government incursions on your civil liberties, such as suing to limit the DCMA, but I can't imagine they would have the slightest interest in case between 2 private parties. Maybe if you got to a pretty high level appeal that they believed there was some opportunity to weaken the DCMA or strengthen free speech rights by joining a suit, but I can't see them getting involved in a case like this. I think there's some foundation that does love to fight DCMA stuff, but again don't know how much they get involved in private party DCMA disputes.

I acknowledge that you're right about the ACLU's interest usually being in governmental actions, but my understanding is that they'll get involved in private disputes if those disputes are based in an interpretation of statutory law regarding basic freedoms (like the DMCA). Since basically the FBC is arguing to shut Darrell down using a governmental act (statute), this would seem to fit. Or not, you may be entirely right.