Apple is
being sued by the
Electronic
Frontier Foundation (EFF) after attempting to shut down online discussion
forums about the iPhone.
The
suit
(PDF), filed today in San Francisco, stems from a letter sent in November by
Apple's legal team to
OdioWorks,
which runs the
BluWiki
discussion and information site.
Apple had demanded that OdioWorks remove documents posted by users showing
how to make the iPhone and iPod interoperate with other music software.
OdioWorks removed the pages in the face of a legal threat, but is now suing
Apple, via the EFF, claiming that the takedown order was illegal under First
Amendment rights.
"I take the free speech rights of BluWiki users seriously," said Sam Odio,
owner of OdioWorks. "Companies like Apple should not be able to censor online
discussions by making baseless legal threats against services like BluWiki that
host the discussions."
Apple claims that the documents represented copyright infringement and a
violation of the Digital Millennium Copyright Act's prohibition on circumventing
copy protection measures.
"Apple's legal threats against BluWiki are about censorship, not about
protecting their legitimate copyright interests," said EFF senior staff attorney
Fred von Lohmann.
"Wikis and other community sites are home to many vibrant discussions among
hobbyists and tinkerers. It's legal to engage in reverse engineering in order to
create a competing product, it's legal to talk about reverse engineering, and
it's legal for a public wiki to host those discussions."
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