Subpoena Withdrawn After EFF Intervenes
San Francisco - San Francisco - The Embroidery Software Protection Coalition (ESPC) has dropped its attempt to unmask anonymous embroidery fans after the Electronic Frontier Foundation (EFF) intervened in the case.
The embroiderers used an online discussion group to share information about a long-running campaign to threaten purchasers of embroidery designs and software with copyright infringement lawsuits. ESPC filed defamation claims against some members of the group and then issued a subpoena for detailed personal information about every single person who joined the discussion group -- whether or not they had ever posted a single message.
"ESPC should have never filed this frivolous case in the first place. But we're pleased that ESPC now understands that it can't use the courts to intimidate those who want to talk about ESPC's ham-fisted tactics," said EFF Staff Attorney Corynne McSherry. "The First Amendment forbids such abusive use of the discovery process."
This case is the latest in EFF's long fight to protect anonymity online. EFF lawyers have represented or provided amicus support in anonymity cases in California, Colorado, and Delaware. Most recently, in Oklahoma, a school superintendent withdrew his attempt to unmask anonymous online critics after EFF filed a motion to quash his subpoena.
For more on this case:
http://www.eff.org/legal/cases/ESPC_v_Ebert/
Contact:
Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
corynne@eff.org
