Today, Public Knowledge filed an amicus brief at the United States District Court of Maine in the case of ACA v. Frey. In June of 2019, Maine passed a law prohibiting broadband providers from using, disclosing, selling, or permitting access to a customer’s personal information without the customer’s consent. Broadband providers sued, claiming that the law infringed on their First Amendment rights and was preempted by federal law. 

Today, the United States Supreme Court determined that official annotations to state law are not eligible for copyright protection in the case of Georgia v. Public Resource.Org.

Yesterday, the Second Circuit upheld a fair use finding in the case of James Oscar Smith v. Drake. The estate of James Oscar Smith sued the artist Drake (among others), claiming that Drake infringed on the estate’s rights when he sampled “Jimmy Smith Rap” for the opening of his track, “Pound Cake.” The trial court disagreed, holding that the sample was a fair use, and the Second Circuit affirmed that finding on appeal.

Today, Public Knowledge joined the R Street Institute and the Niskanen Center in filing an amicus brief at the Supreme Court in the case of Google v Oracle. The case asks whether the application programming interface, or API, of a programming language such as Java is subject to copyright protection — and, if it is, whether reimplementing that API can be a fair use.

This week, Public Knowledge joined the Communications Workers of America (CWA) and the National Digital Inclusion Alliance in an amicus brief filing in a lawsuit against the Federal Communications Commission’s action to weaken local authority to manage streets and public property. The brief was filed in City of Portland v. FCC before the 9th U.S. Circuit Court of Appeals.

Today, Public Knowledge, along with R Street Institute, filed an amicus curiae brief in Google v. Oracle before the United States Supreme Court.

Today, the First Department of the Supreme Court, Appellate Division of the State of New York held that the Federal Communications Commission has not preempted states from enforcing laws “that prevent fraud, deception and false advertising” with respect to broadband practices.

The state of New York is suing Charter over alleged deceptive statements regarding internet speed. Yesterday, Public Knowledge submitted an amicus brief explaining the importance of broadband to consumers, and how consumers rely on accurate information from their broadband providers to make informed decisions.

Today, the United States Supreme Court upheld the constitutionality of the United States Patent and Trademark Office’s “inter partes review” process in Oil States v. Greene’s Energy. Public Knowledge, joined by the Electronic Frontier Foundation, Engine Advocacy, and R Street Institute, filed an amicus brief in this case in 2017.

Today, Public Knowledge filed an amicus curiae brief in the case ASTM v. Public Resource. The case concerns Public Resource’s copying of model building codes and educational testing codes, which had been enacted into federal law and regulations.