Topic.transaction do
  Topic.create!(name: 'Uncategorized')

  Topic.create!(
    name: "Lumen Database",
    description: ".\r\n

A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics.

\r\nDo you know your online rights? Have you received a letter asking you to remove information from a Web site or to stop engaging in an activity? Are you concerned about liability for information that someone else posted to your online forum? If so, this site is for you.\r\n

\r\n Lumen Database aims to help you understand the protections that the First Amendment and intellectual property laws give to your online activities. We are excited about the new opportunities the Internet offers individuals to express their views, parody politicians, celebrate their favorite movie stars, or criticize businesses. But we\'ve noticed that not everyone feels the same way. Anecdotal evidence suggests that some individuals and corporations are using intellectual property and other laws to silence other online users. Lumen Database encourages respect for intellectual property law, while frowning on its misuse to \"chill\" legitimate activity. \r\n

\r\nThe website offers background material and explanations of the law for people whose websites deal with topics such as , , , \r\n[\">Anonymous Speech](\"<!--GET), and . \r\n

\r\nIn addition, we want your help. We are gathering a [searchable database](\"search.cgi\") of Cease and Desist notices sent to Internet users like you. We invite you to [input](\"input.cgi\") Cease and Desist letters that you\'ve received into our database, to document the chill. We will respond by linking the legalese in the letters to FAQs that explain the allegations in plain English.\r\n

\r\nPeriodically, we issue \"weather reports\" assessing the climate for Internet activity based on the letters we receive and news reports. What areas (topics, legal categories, jurisdictions) are coolest to online conduct? What activities risk being frozen out altogether? What conduct gets the warmest reception? \r\n

\r\n
Getting Started:
----------------

 \r\nThe Lumen Database contains multiple topic areas. [Choose a topic area](\"topics.cgi\") to view its introduction, Frequently Asked Questions, and annotated Cease & Desist notices, along with reference material and recent news links.\r\n

\r\nIf you are visiting because you have received a Cease & Desist notice, we invite you to [input your notice in the database](\"input.cgi\"). Questions on the submission form will help to categorize your letter, and then guide you toward topic areas for further information. Once the notice is in our database, clinical law students will be able to annotate it with questions and answers.

\r\n\r\n[\">Sample Cease and Desist Letter with Analysis](\"<!--GET)\r\nConceived and developed at the [Berkman Center for Internet & Society, Lumen Database is a [joint project](\"org.cgi\") of the [Electronic Frontier Foundation (EFF) and clinics at Harvard Law School\'s [Berkman Center, [Stanford Law School\'s Center for Internet & Society, Boalt Hall\'s [Samuelson Law, Technology and Public Policy Clinic, and other law schools across the country.

\r\n Syndicate our newest linked C&D notices: [RSS feed](\"//www.lumendatabase.org/notices_feed?format=rss\")

\r\nNew:  Syndicate our blog updates: [Blog RSS feed](\"//www.lumendatabase.org/blog_feed?format=rss\")

\r\n\r\n",
    original_category_id: 1
  )

  Topic.create!(
    name: "Domain Names and Trademarks",
    description: ".\r\n

Does this sound familiar?\r\n

\r\nYour registration of this domain name, which is essentially identical to our client\'s trademark, is likely to cause confusion, mistake and deception, and \r\nhence constitutes infringement of our client\'s trademarks and copyrights, \r\nas well as constituting unfair competition. Your offering the domain name for sale constitutes \"cybersquatting,\" and violates our client\'s trademark and copyright rights. In view of the foregoing, we demand that you immediately cancel your domain name registration and provide us with copies of the executed cancellation \r\ndocuments.\r\n\r\nSounds threatening...but is it true? Is your use of the domain name a trademark infringement (Likely to cause consumer confusion as to the source of goods? Diluting or tarnishing a famous mark? A domain registered in bad faith?) or is it protected free speech (Product criticism? News reporting? Non-commercial use?). What is a cybersquatter? What is the UDRP? \r\nTo understand the differences, to see how others might respond to a cease & desist letter, to locate attorneys who handle this kind of case, we invite you to read the materials collected on this web site which is maintained by the clinical students at the [Berkman Center for Internet & Society at Harvard Law School.

\r\nFollow these links and then add your letter to our database.

\r\n \r\n[\">What to Expect When You\'re Expecting To Be Sued for Trademark Infringement](\"<!--GET)

\r\n[\">Trademark and Domain Name FAQ](\"<!--GET)

\r\n[What Else Should I Worry About? (links to modules on copyright, defamation, etc.)](\"/topics.cgi\")

\r\n[\">What Information Should I Collect for My Defense?](\"<!--GET)

\r\n[ Submit Your Letter Here](\"/input.cgi\")

\r\n\r\n\r\n",
    original_category_id: 2
  )

  Topic.create!(
    name: "Fan Fiction",
    description: ".\r\n

When authors write stories featuring characters from other stories, movies or TV shows in new situations or adventures, these works of \"fan fiction\" (see FAQ: \"What is FanFic?\") may run into legal challenges because the borrowed characters, scenes or plots may be protected from unauthorized use under intellectual property laws. Specifically, fan fiction authors could be faced with copyright or trademark infringement claims. This page explains the rights original authors have under copyright and trademark law and gives fan fiction authors information about when their works might infringe those rights and what might happen as a result. Authors can use this information to understand the legal issues involved and to avoid infringement of other?s works while creating fan fiction. We explain below two major sources of intellectual property rights which fan fiction authors could infringe:

\r\n\r\n
COPYRIGHT
---------

\r\n\r\nA copyright owner can stop someone else from (1) copying, (2) distributing, (3) performing, or (4) displaying the characters without the permission of the owner. The owner also can stop someone from (5) creating \"derivative works\". A derivative work is a new work based on someone else\'s intellectual property. A sequel to a movie, Rocky IX for example, is a derivative work. Fan fiction stories may be derivative works because they use the copyright protected characters from someone else\'s creation.?\r\n\r\nNow that many fan fiction authors publish on the Internet, copyright holders can use search engines to discover their characters being used in unauthorized or unapproved ways. Many owners have tried to stop that use, and as a result, fan fiction authors have received letters telling them to take their stories off-line (cease and desist letters).?\r\n\r\nIs fan fiction original or is it just a form of copying?\r\n\r\nCopyright owners often ask why fan fiction writers don\'t just come up with something original. Scholars, however, have compared fan fiction\'s use of cultural figure to previous literary use of myth. They consider people who write new adventures for Buffy the Vampire Slayer to be engaging in the same pursuit as people who told tall tales of Paul Bunyan. Both use a character created by a different author to tell a new story.\r\n\r\nFan fiction authors can be seen as talking back to the dominant culture. They often show loyalty to a particular program such as Star Trek, but they also diverge from the television studio\'s plot. They sometimes celebrate minor characters who were not given prominent attention on the shows. For example, Lt. Uhura, the African-American woman who received little attention on the original Star Trek, is lavished with fan attention. Still, such stories may threaten commercial copyright owners seeking to protect a certain image of their characters. For example, a subgenre of fan fiction called \"slash\" describes homosexual relationships between characters. Some copyright holders may not want their characters portrayed in compromising situations. \r\n\r\n
TRADEMARK
---------

\r\n\r\nAny word, name, symbol or device which is used by a person (or intended to be used), to identify her goods and to distinguish her goods from those sold by others and which indicates the source of the goods is eligible for trademark protection.?\r\n\r\nA trademark owner has the right to use exclusively, or to license the name or likeness of his character to avoid customer confusion and to prevent others from profiting off of the owner\'s intellectual property. For example, you can\'t market \"Star Wars ray guns\", because LucasFilm owns the right to that name, and customers may be confused into thinking that your ray gun is sponsored or produced by LucasFilm. The primary question in a case of alleged trademark infringement is whether there is a likelihood of confusion for customers.?\r\n\r\nThere is another type of infringement, too, called trademark dilution. The owner of a famous mark is entitled to stop you from commercial use of a mark or trade name, if that use begins after the famous mark has become famous and harms its distinctive quality. Walt Disney used this concept to stop pornographers from using Snow White or Sleeping Beauty in their films. Fan fiction authors who distribute their work commercially may be accused of trademark dilution in addition to other intellectual property violations. \r\n\r\n
### How can these pages help me?

\r\n\r\nNot all fan fiction is a violation of law - the purpose of these pages is to describe for fan fiction authors possible legal problems, in the hopes that the writers can then avoid these problems. This page is a resource for legal information if you do receive a cease and desist letter claiming you?ve infringed someone\'s copyrighted or trademarked work.

\r\n\r\n
\r\n   1. The [\">FanFic Frequently Asked Questions (FAQs)](\"<!--GET)presents specific examples, scenarios and detailed explanations which we hope will provide the FanFic author with information on what course of action he or she might want to take, whether it is removing the story from the Internet, ignoring a cease and desist letter, or calling a lawyer.
\r\n   2. The FAQs also contain brief explanations of the major intellectual property laws that may affect fan fiction authors.
\r\n
\r\n",
    original_category_id: 3
  )

  Topic.create!(
    name: "References",
    description: "Reference

",
    original_category_id: 4
  )

  Topic.create!(
    name: "Copyright",
    description: "The \"Copyright\" topic area includes discussions of traditional copyright, fair use, reverse engineering, and the new additions to copyright of the Digital Millennium Copyright Act (DMCA). Under DMCA, we discuss the ISP safe harbor and its conditions (notice and takedown), and the anticircumvention provisions of section 1201.\r\n\r\nRelated sub-topics:

###

  - \r\n
  - \r\n
  - \r\n
  - \r\n
  - Digital Millennium Copyright Act:\r\n
    - \r\n
    - \r\n
    - \r\n

\r\n",
    original_category_id: 5
  )

  Topic.create!(
    name: "Trademark",
    description: "Trademarks -- the words and logos that identify sources of goods and services -- are ubiquitous in the modern age. As consumers, we use brand names to distinguish among the products we purchase and use. As producers, we search for unique marks to identify the goods and services we sell or give away. As members of the public, we incorporate trademarks in our culture and speech.\r\n\r\nTrademark infringement predates the Internet, of course, but trademark holders often argue that the Internet has increased their challenges in defending their marks; that the global Internet erodes the geographic boundaries that once allowed multiple users of the same mark to co-exist; that the Internet presents more frequent dilution of trademarks. Or, viewed from a different perspective, the Internet allows more people to speak, and many of those speakers want to use the common language of which famous trademarks have become a part. \r\n\r\nTrademarks can be infringed on the Net in many ways.

  1. Domain names that are identical or similar to well-known marks have been registered by \"cybersquatters\" who tried to sell the domain to the mark owner for vastly inflated sums of money.
\r\n  2. Some commercial vendors have used the trademark of a competitor in the meta tags for the vendor\'s own website so that search engines will direct customers looking for the trademark products to the competitor\'s website instead.
\r\n  3. And some individuals have copied trademarked logos and used them on their own websites to imply some authorized connection to the well-known product.

 Sometimes these acts are clear \"infringements\" of the mark owner\'s rights; sometimes they are non-infringing \"fair uses.\" Rights may be different from one nation to the next and yet a mark owner in one nation may pursue a claim against a domain holder from another since the site is visible in both. It is hoped that this site will help the public understand US trademark law and the terms that typically appear in a complaint about trademark infringement. \r\n\r\nIn any event, you\'re probably here because you have received a cease and desist letter accusing you of trademark infringement. \r\n\r\nStart with: [\">What to Expect When You\'re Expecting (to be sued for trademark infringement)](\"<!--GET)Frequently Asked Questions (and Answers) by Maya Alexandri

\r\nIf the c & d mentions the ACPA (Anticybersquatting Consumer Protection Act), look at:[\">ACPA FAQ](\"<!--GET) by Jared Kramer

\r\nIf it refers to the UDRP (Uniform Domain Name Dispute Resolution Policy), read: [\">UDRP FAQ](\"<!--GET) by Amy Bender

\r\n\r\nTrademark logos may also be protected by copyright which covers artistic works. Check out the [topics](\"/topics.cgi\") on Copyright and on Protest, Parody and Criticism.\r\n\r\n\r\n\r\n\r\n",
    original_category_id: 6
  )

  Topic.create!(
    name: "Bookmarks",
    description: "This is a non-public topic; a place to stick odds and ends and bookmarks. Send mail to CatID=7 for doc-to-web conversion, too.\r\n\r\n

",
    original_category_id: 7
  )

  Topic.create!(
    name: "Defamation",
    description: "The law of defamation balances two important, and sometimes competing, rights: the right to engage in free speech and the right to be free from untrue attacks on reputation. In practice, the filing or even the threat to file a lawsuit for defamation has sometimes been used as a tool to shut down legitimate comments on the Internet. This topic will explore the rules of and defenses to the tort of defamation. This topic will also examine some of the special issues that arise when it is Internet expression that is challenged by a defamation lawsuit.

",
    original_category_id: 8
  )

  Topic.create!(
    name: "UDRP",
    description: "UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY\r\n\r\nWhat is the UDRP?\r\n\r\nThe Uniform Domain Name Dispute Resolution Policy was approved by the Internet Corporation for Assigned Names and Numbers [(ICANN) in 1999. It is an online procedure for resolving complaints made by trademark owners about domain names. It has the power to transfer the domain name from the current domain holder to a new owner.\r\n \r\nThe UDRP [Policy explains what trademark owners have to prove in order to take a domain name away from the holder, as well as what domain name holders can use to show that they should be allowed to keep the domain registration. \r\n \r\nThe UDRP [Rules outline the actual process for filing a complaint (if you are a trademark owner) and for responding to a complaint (if you are the domain name holder). The Policy and the Rules also explain some of the basics of the proceedings, such as how to chose a Provider, how Panels make their decisions, how the parties are notified of the outcome, what language will be used in the proceeding, the availability and effect of court proceedings, and the types of remedies available. \r\n \r\nEach of the Providers also has its own Supplemental Rules to cover all the bases. The UDRP currently applies to .biz, .com, .info, .org, .net, and a few country code top level domains (ccTLDs) including .ac, .mx, and .tv. Other top level domains have different dispute resolution procedures and one must check each domain registry to find out what they are.\r\n\r\nAmy Bender\r\nHarvard Law School \'03",
    original_category_id: 9
  )

  Topic.create!(
    name: "ACPA",
    description: "
ANTI-CYBERSQUATTING CONSUMER PROTECTION ACT
-------------------------------------------

 What is the ACPA?\r\n\r\nThe Anti-cybersquatting Consumer Protection Act (ACPA) is a US federal law enacted in 1999 to protect the owners of trademarks from abuse by domain name cybersquatters. ACPA is codified at [15 U.S.C. ? 1125(d). The legal remedies available against those who violate the act appear at [15 U.S.C. ? 1117. A trademark owner can request a cancellation or transfer of the domain name as well as money to cover damages caused by the domain holder.\r\n\r\nIn particular, ACPA outlaws the practice of registering one or more domain names that resemble distinctive trademarks with the intent to extract a handsome price from the trademark owner. \r\n\r\nSomewhat more broadly, the Act is meant to reduce consumers\' confusion about the source and sponsorship of Internet web pages. Its goal is to provide customers with a measure of reliability, so they know that when they visit www.reebok.com, they will be able to find actual Reebok products, not something entirely different. It also aims to protect trademark owners from the loss of customer goodwill that could be caused by others\' use of their trademarks to market shoddy or disreputable goods or services.\r\n\r\nBefore a trademark owner can take a domain name under the ACPA, the law requires the tradmark owner to prove the name is being used in commerce in bad faith. If you are using a domain name for legitimate, non-commercial purposes, that may be a defense.\r\n\r\nJared Kramer\r\nHarvard Law School \'04",
    original_category_id: 10
  )

  Topic.create!(
    name: "Piracy or Copyright Infringement",
    description: "\"Piracy\" is slang for copyright infringement, the unlawful copying of the work of another, usually for the purpose of distribution and profit. In contrast to swashbuckling pirates of yore, modern day \"pirates\" make copies, sometimes perfect digital copies, of the work of another. Copyright holders are concerned with infringement because they believe that if someone can buy a copy of their work for less or obtain it for free or through a trade, he or she will, and profits will be lost.\r\n\r\nIf you are accused of piracy, then someone is claiming that you have unlawfully copied part or all of their work. Computer software, video games, music and DVDs are common objects of copyright infringement actions. If someone can download songs, games or other material that may be copyrighted from your website then you might be accused of piracy. If your site enables users to trade copyrighted material, or if you provide tools that allow others to crack the codes protecting copyrighted material then you might be accused of assisting in piracy, more accurately called \"contributory copyright infringement.\" Regardless of whether the copied materials are offered for sale, distributed for free, or given to relatives, the copyright holder may claim infringement. \r\n\r\nMany web sites that have infringing material add a disclaimer stating that the site does not support copyright infringement. While such disclaimers will not necessarily shield you from liability, following the  may be the best way to protect yourself. \r\n

",
    original_category_id: 11
  )

  Topic.create!(
    name: "Anticircumvention (DMCA)",
    description: "In order to control the distribution and use of their works, copyright owners are increasingly embedding access (keep you from accessing the work) and copy (control what you do with the work) protection schemes in their digital works. Under [section 1201 of the Digital Millennium Copyright Act (DMCA), the circumvention of these access mechanisms is illegal, with only a few narrow statutory exemptions. The DMCA also prohibits the distribution of programs that can be used to circumvent both copy control and access control technologies.

\r\n\r\nThe anti-circumvention provisions affect the way software engineers, computer scientists, and computer security specialists do their work. But the law also affects how librarians and educational institutions acquire new works, how Internet users can protect their privacy, and even how journalists can report on stories involving technical protection measures. By using a technical device to protect music, images or words the copyright holder can turn traditionally permissible access to or use of digital content into a civil violation. This new law has complex provisions and a few narrow exemptions, which are reviewed in greater detail in the DMCA anti-circumvention provisions FAQ, linked below.

\r\n\r\nSome activities affected by this law might include:\r\n

  - manipulating the computer code of a digital toy to make it perform new functions;\r\n
  - disabling an access control device on the storage media of an entertainment product; \r\n
  - creating a patch for a software program or electronics product\r\n
  - performing cryptanalysis on security systems that control access to digital data;

\r\n\r\nIf you?ve received a letter accusing you of violating the DMCA, this section will help you understand the claims against you. If you are engaged in an activity which involves disabling an anti-copying measure, reverse engineering an encrypted computer system, conducting research on cryptography or security systems, or altering how a computer program or product works, this section is intended to provide you information about how the DMCA affects your activities. Distributing a program that performs these functions by selling, making available for download, or even linking to it, may also be a violation of the circumvention device provisions of the DMCA.

",
    original_category_id: 12
  )

  Topic.create!(
    name: "John Doe Anonymity",
    description: "Meet John Doe.\r\n\r\nThe Internet has given voice to millions of people who can now share their ideas and thoughts under cover of a pseudonym or screen name. This protection has been critical to opening up discussions among shareholders, political dissidents, victims of domestic abuse, \"whistleblowers,\" and disgruntled employees. But this same anonymity can also shield the stealers of trade secrets and copyrighted material and prevent the unmasking of libel. \r\n

\r\nThe ability of Internet service providers (ISPs) to unmask anonymous subscribers and users has proven to be a weakness in the protection of freedom of expression on the Internet. Companies angry about comments criticizing them on public message boards, for example, have found that they can simply file a civil lawsuit with vague, unsupported claims, then issue a subpoena to the discussion\'s host ISP demanding the identity of the speaker. These subpoenas have effectively shut off discussion in many public forums. ISPs have recently begun to notify their subscribers when they receive these subpoenas, giving them at least a limited opportunity to object. Yet still, many subscribers do not respond in time and their identities are turned over with no analysis of whether their speech actually caused any harm.\r\n

\r\nRecently, the Recording Industry Association of America (RIAA) has initiated similar \"John Doe\" lawsuits, alleging copyright infringement against hundreds of anonymous internet users at a time, and then issuing subpoenas to ISPs to connect names to IP addresses. Although the RIAA presents evidence of copyright infringement by some anonymous defendants in its court filings before it issues subpoenas, the RIAA subpoenas the names of far more defendants solely on the basis of its allegations. As in the case of message board subpoenas, some ISPs notify subscribers before identifying them, giving them a chance to object, but not all ISPs do so. The RIAA has been saving itself court costs by filing a single lawsuit against all alleged infringers who subscribe to the same ISP, regardless of the probable physical location of the alleged infringers; therefore, subscribers who are notified of a subpoena by their ISP and wish to object may be forced to interact with a court on the other side of the country. In short, subpeonas issued in \"John Doe\" lawsuits are shifting the burden to anonymous internet users to fight for their anonymity.

",
    original_category_id: 13
  )

  Topic.create!(
    name: "DMCA Safe Harbor",
    description: ".\r\n

In the online world, the potentially infringing activities of individuals are stored and transmitted through the networks of third parties. Web site hosting services, Internet service providers, and search engines that link to materials on the Web are just some of the service providers that transmit materials created by others. [Section 512 of the Digital Millennium Copyright Act (DMCA) protects online service providers (OSPs) from liability for information posted or transmitted by subscribers if they quickly remove or disable access to material identified in a copyright holder\'s complaint.

\r\n\r\nIn order to qualify for safe harbor protection, a service provider who hosts content must:\r\n

  - have no knowledge of, or financial benefit from, infringing activity on its network\r\n
  - have a copyright policy and provide proper notification of that policy to its subscribers\r\n
  - list an agent to deal with copyright complaints

\r\n\r\nWhile the safe harbor provisions provide a way for individuals to object to the removal of their materials once taken down, they do not require service providers to notify those individuals before their allegedly infringing materials are removed. If the material on your site does not infringe the intellectual property rights of a copyright owner and it has been improperly removed from the Web, you can file a counter-notice with the service provider, who must transmit it to the person who made the complaint. If the copyright owner does not notify the service provider within 14 business days that it has filed a claim against you in court, your materials can be restored to the Internet.

",
    original_category_id: 14
  )

  Topic.create!(
    name: "Reverse Engineering",
    description: "Reverse engineering is the scientific method of taking something apart in order to figure out how it works. Reverse engineering has been used by innovators to determine a product\'s structure in order to develop competing or interoperable products. Reverse engineering is also an invaluable teaching tool used by researchers, academics and students in many disciplines, who reverse engineer technology to discover, and learn from, its structure and design.\r\n\r\nAlthough some reverse engineering techniques require making a copy of the software being investigated, an act that would otherwise be considered a copyright violation, copyright law has allowed these reverse engineering copies as a form of \"fair use.\" Increasingly, however, contract clauses forbidding reverse engineering are included in technology licenses. Sometimes sellers include these clauses in \"shrink-wrap,\" \"click-wrap,\" or \"browse-wrap\" licenses without enabling the user to negotiate the terms of such a license. In many instances, users are not even aware of the terms to which they are binding themselves. The proposed amendment to contract law called the Uniform Computer Information Transactions Act (UCITA), adopted by two state legislatures, would make these kinds of contracts enforceable, and therefore more difficult to challenge their anti- reverse engineering provisions.\r\n\r\nWhen creative expression is protected by a technological protection measure, the situation becomes even more complex. The [Digital Millennium Copyright Act (DMCA) generally prohibits circumvention of technological protection measures. On its face, since circumvention is generally required for reverse engineering, this prohibition would prevent reverse engineering of those measures that control access to a copyrighted work. The DMCA contains a limited exception to the ban on circumvention, which permits reverse engineering of the technology by specific classes of people for limited purposes [[17 USC ?1201(f)]. The exception allows reverse engineering of computer programs if the reverse engineer lawfully obtains the program, seeks permission from the copyright owner, only uses the results of their efforts to create an interoperable computer program and does not publish the results. The resulting program must only interoperate with the reverse engineered software, however, and cannot interoperate with the technologically protected content (movie, book, video game, etc.) itself. Under the DMCA, engineers may also develop programs that facilitate reverse engineering for their own use or the use of others if they meet the above test. Reverse engineers must carefully consider their planned work and whether it fits into the exception, because the exception is far too narrow to be useful for many reverse engineering needs.

",
    original_category_id: 15
  )

  Topic.create!(
    name: "Derivative Works",
    description: "If you are an author or an artist and you want to use all or part of someone else\'s creation in your work, you may run into problems with claims that your art is a derivative work. \r\n\r\nMany artists thrive on using material from popular culture to create art with a message. From distorting Barbie\'s appearance in order to counter the idea that white, blond, and thin are female ideals, to reworking the classic Gone With the Wind from the perspective of a slave and half-sister of Scarlet O\'Hara, these artists recognize that our culture benefits from a rich public domain. One commentator said it best: \"Cultural works and inventions don\'t spring from an utter vacuum. They are the product of other people\'s ideas and works. Practically every melodic theme in music comes from older works, for example.\" \r\n\r\nIn order to preserve the incentive for artists and authors to produce works, American copyright law grants creators a limited monopoly right to create works based on or derived from the original creation (derivative works). The law strikes an uneasy balance between an author\'s or artist\'s right to profit from their works and other artists\' and authors\' right to build upon previous works to make new works. \r\n\r\nFor example, the trial court halted the publication of the novel The Wind Done Gone because it used elements and characters from Gone With the Wind. But the appellate court let the novel be published, holding that the use of those characters and elements was protected under the law. In other cases, artists have produced paintings or photographs and another artist sells copies of the images pasted to floor tiles or tee-shirts. Whether the first artist has a viable copyrightviolation cause of action against the second artist for violating her right to produce derivative works turns on whether the second artist\'s appropriation of the first artist\'s material constitutes [\">fair use](\"<!--GET). \r\n\r\nWhat\'s a \"derivative work\"?\r\n \r\nCongress revised the federal copyright statute in 1976 to provide copyright owners with statutory protection for derivative works. A derivative work can take the form of \"any . . . work [that] may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represents an original work of authorship, is a \'derivative work.\'\" (emphasis added) [17 U.S.C. ? 101 (1994). \r\n\r\nIn short, a derivative work is a whole work based on one or more other whole works. \r\n \r\nDerivative works include, but are not limited to, translations, musical arrangements, fictionalizations, motion-picture versions, etc.\r\n\r\nFor example, if a Danielle Steele book gets turned into a movie, that movie is a derivative work. Danielle Steele can stop someone from making the movie without her permission. A more complicated question arises when the second creator uses only part of the original work or substantially transforms it in some way. There are many cases involving art made with Barbie dolls that raise this more difficult legal issue. \r\n\r\nArt which uses found objects, cultural references, preexisting stories may be protected under the fair use doctrine.\r\n\r\nTo decide whether a use is \"fair use\" or not, courts consider:\r\n\r\n 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;\r\n 2. the nature of the copyrighted work;\r\n 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and,\r\n 4. the effect of the use upon the potential market for or value of the copyrighted work. [17 U.S.C. 107(1-4)\r\n\r\nAlso, your work may be using an element from another work that is not copyrightable, like a story line or a stock character.\r\n\r\nIf you received a cease and desist letter claiming your art is an unauthorized derivative work, this information should help you understand the law to which the letter refers. Unfortunately, even the law does not always draw an obvious line between works that are derivative and works that are not. \r\n

",
    original_category_id: 16
  )

  Topic.create!(
    name: "Protest, Parody and Criticism Sites",
    description: "Have you recently received a letter that sounds something like this?\r\n

Re: Infringement of XXX, Inc.\'s Intellectual Property Rights\r\n This firm represents XXX,Inc. It has come to XXX\'s attention that you have registered and been using the domain name XXXSUCKS.COM. Your activities constitute trademark infringement and unfair competition under Federal and State law and may be in violation of the recently enacted Anticybersquatting statute and ICANN\'s Uniform Dispute Resolution Policy. XXX.Inc will not tolerate attempts to trade off its excellent reputation. We hereby demand that you (1) immediately deactivate (remove name service from) all hosts in the XXXSUCKS.COM domain, and (2) agree to transfer the domain to XXX,Inc. Should you fail to do so, XXX,Inc. will take the additional measures it deems appropriate to protect its valuable trademark rights.\r\nEven though the Constitution guarantees freedom of expression, trademark and copyright owners have rights, that may or may not be violated by the name or content of a web site you have dedicated to protest, criticism or parody. If you violate these rights, there are a number of court actions that can be brought against you in federal and/or state court. In addition, a trademark owner can file for a quick administrative proceeding to take away your domain name, in order to deprive you of the ability to easily direct Internet users to your site. This administrative proceeding involves the UDRP. \r\n\r\n That?s the bad news. The good news is that the cease and desist letter sent to you probably makes things sound worse than they are. Although the cease and desist letter, as above, ordinarily tells you of an impressive number of separate laws that you have violated, a number of the supposed violations are talking about pretty much the same kind of thing. If you have a good defense that goes to the core of the threatened actions against you, that defense may protect you against most or all of the legal and administrative threats. \r\n\r\n This Topic will describe the typical legal and administrative actions with which writers who engage in protest, criticism and parody on the Internet are threatened. There is a lot of overlap in the legal issues in an attack on protest, criticism and parody sites, but there also may be some differences in the attack. For this reason, the Topic will separated the cease and desist letters and FAQ?S directed at protest and criticism from those directed at parody and satire. Pay particular attention to the FAQ?S concerning the UDRP, as many trademark owners choose that quick and inexpensive route to take away a domain name. The trademark holder may be able to accomplish what it desires by the simple act of taking away a domain name and with it the easy access to your site by interested parties.\r\n",
    original_category_id: 17
  )

  Topic.create!(
    name: "Linking",
    description: ".\r\nThe World Wide Web works through [hyperlinks, tags that allow web site authors to connect their texts with others and enable web browsers to move quickly from one page to another document to which it refers. These links are what set hypertext apart from static offline texts, and core to Web-founder [Tim Berners-Lee\'s original design.

\r\nNonetheless, you may have received a cease and desist notice regarding hyperlinks on your website. Some [companies claim that linking to their websites requires prior permission, or allege that your links falsely imply that they sponsor or endorse your site. Other C&Ds may assert trademark infringement based on the words and images you use in hyperlinks. You may be told that you are violating the law because your site links to illegal or copyrighted material, even if you do not host any of that material on your own servers. What about \"deep linking,\" when you set a link to an inside page, not the website\'s homepage? \r\n

\r\nThis topic area addresses the issues that arise regarding linking and other web navigation (frames and pop-ups, for example), in legal terms including copyright, trademark, false advertising, the safe harbor for \"information location tools,\" and contract (what effect do a site\'s \"terms of use\" really have?).

",
    original_category_id: 18
  )

  Topic.create!(
    name: "Documenting Your Domain Defense",
    description: "All lawyers know that just because you are right does not mean that you will win in court, or in any other forum that makes legal decisions Cases are decided not by an abstract notion of justice, but by the evidence that is presented by the parties to the decision making body. Although a mandatory administrative proceeding under the UDRP is a quick alternative to the traditional \"legal\" process, your case will still be decided based upon the evidence presented to the UDRP Panel. \r\n\r\n But, gathering evidence is sometimes not easy. It is very often the most important and time consuming task for lawyers in any litigation, and your ability to document your case may prove to be crucial for you in your current UDRP administrative proceeding. This section will list the various defenses that may be available to you, suggest the kind of evidence you will need to support each defense, show you where to find that evidence, and describe how to document it. This section will, also, include practical considerations related to the topic.\r\n

",
    original_category_id: 19
  )

  Topic.create!(
    name: "Patent",
    description: "Patent law in the United States extends to virtually \"anything under the sun that is made by man.\" Patents create a form of property right in new, unobvious, and useful inventions, including machines, devices, chemical compositions, and manufacturing processes. Software can also be protected by patent law. Indeed, the 1990s saw an explosion in the number of software patents issued by the United States Patent and Trademark Office. \r\n\r\nIn this section, you can find information about what patents are, what rights they confer on the patent owner, the requirements for obtaining a patent, the activities that may constitute patent infringement, and possible defenses to a patent infringement claim. This section also contains specific information about patents on computer technologies and so-called \"business method\" patents. Note that computer software may be protected by [\">copyright](\"<!--GET) as well as patent law.\r\n\r\n

### The  subtopic focuses on patents targeting \"e-commerce,\" including business methods and Internet display and delivery.

",
    original_category_id: 20
  )

  Topic.create!(
    name: "Responses",
    description: "This \"topic\" holds letters sent in response to cease-and-desist notices, [\">DMCA](\"<!--GET) counter-notifications, and other correspondence that is not cease-and-desists.\r\n\r\n

",
    original_category_id: 21
  )

  Topic.create!(
    name: "Copyright and Fair Use",
    description: "When a copyright holder sues a user of the work for infringement, the user may argue in defense that the use was not infringement but \"fair use.\" Under the fair use doctrine, it is not an infringement to use the copyrighted works of another in some circumstances, such as for commentary, criticism, news reporting, or educational use. The defense generally depends on a case-by-case judgment of the facts. \r\n\r\nFair use is codified at Section 107 of the Copyright Act, which gives a non-exclusive set of four factors courts will consider in deciding whether a use is fair or not. These factors are

  1. the purpose and character of the use, \r\n
  2. the nature of the copyrighted work, \r\n
  3. the amount and substantiality of the portion used, and \r\n
  4. the effect of the use on the potential market for or value of the copyrighted work. \r\n

 Of course, even with these factors, it is problematic and often unyielding to try to predict what uses a court will deem fair. \r\n\r\n",
    original_category_id: 22
  )

  Topic.create!(
    name: "Trade Secret",
    description: "Are you wondering what a trade secret is? Do you have an idea or information that you believe is valuable to your business and would you like to ensure that nobody knows it? Have you received a letter stating that you have \"misappropriated a trade secret\"?  If the answer is \"yes\" to any of these questions, then keep reading for more information about trade secrets!   \r\n\r\nWhat is a trade secret?  A legal trade secret is information (i.e., a formula, pattern, physical device, or process) that has two characteristics: (1) the information must be a \"secret\" (i.e., not generally known or readily ascertainable) that provides your business with a competitive advantage; and (2) the creator of the information must take steps to keep the information secret or confidential.     \r\n\r\nHow do you know if you have a trade secret or violated trade secret laws?  Please visit our <!--GET FAQLink 23--> and the links below for more information.  \r\n\r\n<ul><ul><ul>\r\n<li><!--GET LINK Resource 86--></li>\r\n<li><!--GET LINK Resource 88--></li>\r\n</ul></ul></ul>\r\n\r\n\r\n\r\n<i><font size=2> The following sources provided much of the information you see here.  For more detailed information, please refer to the following:</i> \r\n<li><font size=2>Milgram, Roger M., Milgrim on Trade Secrets, Matthew Bender & Company  (1999).</li><li><font size=2><a href=\"http://www.nolo.com/\">Nolo Press</a></li>",
    original_category_id: 23
  )

  Topic.create!(
    name: "E-Commerce Patents",
    description: "In 1998, The Federal Circuit Court of Appeals recognized a right to patent business methods, provided they produce a useful, concrete and tangible result. State Street Bank & Trust Co. v. Signature Financial Group, 149 F.3d 1368 (Fed. Cir. 1998). Shortly after the State Street Bank decision, the U.S. Patent Office began granting e-commerce patents, which protect methods of buying or selling something over the Internet. For an excellent discussion of e-commerce patents, see [http://www.bannerwitcoff.com/articles/ecommerce.pdf.

 An example of a famous e-commerce patent is U.S. patent number 5,960,411, for Amazon.com\'s \"one-click\" technology, which describes a method of allowing an online customer to order a product instantly by clicking a single button. Reaction to this patent\'s issuance was swift and largely negative. Read more: [Wired News, [Tim O\'Reilly.

 Amazon.com sued its primary competitor, Barnesandnoble.com, for patent infringement. Although Amazon.com obtained a preliminary injunction from a federal district court, [an appellate court reversed, and the parties settled before trial.\r\n\r\nAnother often-cited example of a broad e-commerce patent is U.S. patent number 5,715,314 (entitled \"Network Sales System\") issued to Open Market, Inc for a technique for using an electronic shopping cart to purchase goods on the Internet. Read more: [http://news.com.com/2100-1017-221259.html?tag=rn

 Read on for some specifics on broadly asserted e-commerce patents: \r\n\r\n[PanIP](\"#PanIP\") | [Divine](\"#Divine\") | [SBC](\"#SBC\") | [Acacia](\"#Acacia\") | [References](\"#Sources\")


Pangea Intellectual Properties (PanIP)
--------------------------------------

U.S. Patent numbers [5,576,951&[6,289,319


 Pangea Intellectual Properties, based in San Diego, California, owns patents that claim key aspects of electronic commerce. PanIP asserts that its \'951 patent covers the use of graphical and textual information on a video screen to sell products, and that its \'319 patent is infringed by websites that process financial information customers enter online.


 PanIP has sued small to medium sized businesses around the U.S. in several groups of ten. To date, PanIP has filed fifty claims in the Southern District of California, although it has yet to name a California-based business in its lawsuits. Among the businesses defending PanIP\'s patent infringement claims are small retailers with website offering music supplies, baked goods, coffee, and sewing materials. PanIP first offered to sell a lifetime license for $30,000; reports indicate the company has accepted licenses fees for $5000 - $10,000 as well.


 As of February 1, 2003, fifteen defendants had banned together to fight the lawsuit, defended by San Diego lawyer Jonathan Hangartner of Sheppard Mullin Richter & Hampton LLP. For more information about the PanIP defendants, visit [http://www.youmaybenext.com.


Divine, Inc.
-------------

U.S. Patent numbers [5,715,314&[5,909,492&[5,724,424](\"5,724,424\")&[5,708,780


 Chicago-based divine, inc. (\"Divine\") owns patents claiming invention of basic online shopping cart systems. The \'314 patent and its continuation, the \'492 patent, both cover network-based sales systems that allow a company to conduct business through the Internet. Both have broad claims relating to the process of a buyer purchasing products from an online merchant with access to a payment system, as well as through use of a virtual shopping cart. The \'314 patent was filed in October 1994 and did not issue until 1998.


 Divine has been mailing between forty and fifty cease and desist letters per week, according to one source, and filing lawsuits against online merchants who refused to settle immediately. According another source, over 150 companies have paid Divine\'s licensing fee rather than fight the suit.


 Like PanIP, Divine appears to be targeting small retail businesses, even though major online retailers also use shopping carts. Indeed, it is curious to note that even the U.S. Patent Office website has a \"shopping cart\" feature.


Lumen Notices:





 For more information about the Divine Inc. defendants, visit [http://divineintervention.biz/index.html



SBC Intellectual Property
-------------------------

U.S. Patent numbers [5,933,841&[6,442,574


 SBC Communications, based in San Antonio, Texas, established the SBC Intellectual Property division last year to enforce its patents. SBC\'s \'841 and \'574 patents cover the use of a \"structured documents browser\" which basically is the use of website frames technology. Frames allow a user to select from menu choices in the stationary frame while viewing the destinations triggered by that selection in another window frame on the screen. Nearly all websites with a menu or navigation tool appear to have the claimed features, if one follows SBC\'s broad interpretation of its patents.


 As of the end of January 2003, SBC had mailed at least thirty patent infringement notices to website owners and requiring the companies to establish licensing fees payments. A spokesman for SBC stated that the company\'s policy was to base licensing fees on annual revenues. According to one recipient of a patent infringement notice, the pay scales range from between $527 per year for companies with sales under $100,000 and $16.6 million per year for companies with over $10 billion in sales.


Lumen Notice:

 To view a copy of SBC\'s patent infringement notice letter, visit

[http://www2.museumtour.com/sbc.html


Acacia Media Technologies
-------------------------

U.S. Patent numbers [5,132,992; [5,253,275; [5,550,863; [6,002,720; [6,144,702


 Acacia Media Technologies has amassed an intellectual property portfolio covering several technologies, including patents that claim, among other things, the transmission of compressed video and music content via the Internet.


 In a systematic way, Acacia began offering licenses late last year to several Web content providers, starting first with adult websites. Many of those sites banned together to try to fight Acacia\'s patents. Others agreed to license the technology. Acacia has moved on to more mainstream content providers, securing a license from many including Radio Free Virgin. Citing that license as an example, Acacia is also informing other online content providers like RadioIO that its actions allegedly infringe Acacia\'s patents and seeking up to three-quarters of a percent of the company\'s revenue as a licensing fee.


Lumen Notice:

 An example licensing proposal letter, license agreement and information about Acacia\'s patent portfolio can be found at: [http://www.radioio.com/acacia.pdf.


Sources:
--------

 1. Jon Van, Internet Brings to Light Gaps in U.S. Patent System, KNIGHT RIDDER TRIBUNE BUSINESS NEWS: CHICAGO TRIBUNE, January 12, 2003.

 2. Patent Infringement, USA: Small Online Traders Get Sued for Being Small Online Traders, INTERNET MAGAZINE, February 1, 2003.

 3. Mark Del Franco, Divine Intervention, CATALOG AGE, January 1, 2003.

 4. [http://www.ecsforum.org/ecsforum.asp?page=divine#anchor6.

 5. L.A. Lorek, SBC Seeks Royalties on Web Patent; Telecom Wants Companies to Pay to Use Menu Technology, SAN ANTONIO EXPRESS-NEWS, January 30, 2003.

 6. Amy Harmon, Users Uneasy on SBC Claim to Patent on Web Tool, THE NEW YORK TIMES, January 28, 2003.

 7. John Borland, Patent Scare Hits Streaming Industry, CNET News.com, February 6, 2003 ([http://news.com.com/2100-1023-983552.html?tag=fd\_ots).

 8. [http://www.radioio.com/acacia.pdf.


",
    original_category_id: 24
  )

  Topic.create!(
    name: "DMCA Subpoenas",
    description: "Report uses and abuses of DMCA section 512(h) subpoenas: [Follow this link to report](\"/subpoena.cgi\").\r\n\r\nIf someone is seeking your name without a reasonable claim of copyright infringement, that\'s an abuse: For example, if someone is using the subpoena to harass or defraud; if they\'ve matched filenames, but not their content; if you weren\'t using the IP address listed (because of a typo or other error, such as because someone else was using a wireless network). Even if you did have copyrighted material on your computer, you might have a lawful right of fair use.\r\n\r\nLumen Database is collecting these materials to help gather a record of how the DMCA is being used. Since [512(h) subpoenas are issued without prior judicial review (the subject may bring it before a judge with a motion to quash only after the subpoena has issued), we are concerned that subpoenas may be used to obtain identity information in cases where there is no copyright infringement. Lumen Database seeks to document those cases. \r\n\r\nSee [Subpoena Defense for more information.

",
    original_category_id: 25
  )

  Topic.create!(
    name: "International",
    description: "The \"International\" category contains notices demanding takedowns from sites outside of the United States, invoking non-US law. We post them to give transparency to the \"notice and takedown\" process. Lumen Database does not currently have the resources to annotate these notices with respect to the varying laws that may apply, but posts data for informational purposes.\r\n\r\nA few general notes: As with the U.S. C&Ds, Lumen Database posting does not imply a judgment about the notice\'s legal validity, applicability, or indicate whether the notice was acted upon.\r\n\r\nThe varying substantive law of different countries means postings legal in one country might be unlawful in another. For example, French law outlaws public exhibition of Nazi symbols; U.S. law would protect that speech under the First Amendment. Jurisdiction, where and under what laws a person can be sued, matters too. Just because a website is accessible anywhere doesn\'t mean its proprietor can be sued anywhere. A U.S. company with no assets or business contacts abroad doesn\'t generally need to worry about non-U.S. law. Jurisdiction questions get murkier when a company has contacts or assets abroad -- Yahoo! sued a French group who had won an order from a French prohibiting Yahoo! from allowing French citizens access to Nazi memorabilia, ([Yahoo v. LICRA). The 9th Circuit dismissed Yahoo\'s challenge on mootness and procedural grounds.\r\n\r\nIf you too want to contribute to the transparency of notice-and-takedown procedures around the world, please submit your C&Ds to Lumen Database. If you are a lawyer or legal academic ouside the U.S. who would like to participate in the Clearinghouse project, please [let us know.

",
    original_category_id: 28
  )

  Topic.create!(
    name: "Uncategorized",
    description: "Notices here don\'t fit into any of Lumen Database\'s existing categories.

",
    original_category_id: 29
  )

  Topic.create!(
    name: "Court Orders",
    description: "",
    original_category_id: 30
  )

  Topic.create!(
    name: "DMCA Notices",
    description: ".\r\n

In the online world, the potentially infringing activities of individuals are stored and transmitted through the networks of third parties. Web site hosting services, Internet service providers, and search engines that link to materials on the Web are just some of the service providers that transmit materials created by others. [Section 512 of the Digital Millennium Copyright Act (DMCA) protects online service providers (OSPs) from liability for information posted or transmitted by subscribers if they quickly remove or disable access to material identified in a copyright holder\'s complaint.

\r\n\r\nIn order to qualify for safe harbor protection, a service provider who hosts content must:\r\n

  - have no knowledge of, or financial benefit from, infringing activity on its network\r\n
  - have a copyright policy and provide proper notification of that policy to its subscribers\r\n
  - list an agent to deal with copyright complaints

\r\n\r\nWhile the safe harbor provisions provide a way for individuals to object to the removal of their materials once taken down, they do not require service providers to notify those individuals before their allegedly infringing materials are removed. If the material on your site does not infringe the intellectual property rights of a copyright owner and it has been improperly removed from the Web, you can file a counter-notice with the service provider, who must transmit it to the person who made the complaint. If the copyright owner does not notify the service provider within 14 business days that it has filed a claim against you in court, your materials can be restored to the Internet.

",
    original_category_id: 31
  )

  Topic.create!(
    name: "No Action",
    description: "The \"no action\" category holds cease-and-desist complaints that were received but not acted upon. Results were not removed in response.

",
    original_category_id: 32
  )

  Topic.create!(
    name: "Right of Publicity",
    description: "The right of publicity prevents the unauthorized commercial use of an individual\'s name, likeness, or other recognizable aspects of one\'s persona. It gives an individual the exclusive right to license the use of his or her identity for commercial promotion.

",
    original_category_id: 33
  )

  cat = Topic.where(original_category_id: 2).first
  cat.parent = Topic.where(original_category_id: 6).first
  cat.save

  cat = Topic.where(original_category_id: 9).first
  cat.parent = Topic.where(original_category_id: 2).first
  cat.save

  cat = Topic.where(original_category_id: 10).first
  cat.parent = Topic.where(original_category_id: 2).first
  cat.save

  cat = Topic.where(original_category_id: 11).first
  cat.parent = Topic.where(original_category_id: 5).first
  cat.save

  cat = Topic.where(original_category_id: 12).first
  cat.parent = Topic.where(original_category_id: 5).first
  cat.save

  cat = Topic.where(original_category_id: 14).first
  cat.parent = Topic.where(original_category_id: 5).first
  cat.save

  cat = Topic.where(original_category_id: 15).first
  cat.parent = Topic.where(original_category_id: 5).first
  cat.save

  cat = Topic.where(original_category_id: 16).first
  cat.parent = Topic.where(original_category_id: 5).first
  cat.save

  cat = Topic.where(original_category_id: 17).first
  cat.parent = Topic.where(original_category_id: 6).first
  cat.save

  cat = Topic.where(original_category_id: 19).first
  cat.parent = Topic.where(original_category_id: 2).first
  cat.save

  cat = Topic.where(original_category_id: 22).first
  cat.parent = Topic.where(original_category_id: 5).first
  cat.save

  cat = Topic.where(original_category_id: 24).first
  cat.parent = Topic.where(original_category_id: 20).first
  cat.save

  cat = Topic.where(original_category_id: 25).first
  cat.parent = Topic.where(original_category_id: 5).first
  cat.save

  cat = Topic.where(original_category_id: 30).first
  cat.parent = Topic.where(original_category_id: 28).first
  cat.save

  cat = Topic.where(original_category_id: 31).first
  cat.parent = Topic.where(original_category_id: 14).first
  cat.save
end
