Odioworks, LLC v. Apple Inc.

Complaint for Declaratory Judgment and Injunctive Relief

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EFF filed suit against Apple Inc. to defend the First Amendment rights of an operator of a noncommercial, public Internet "wiki" site known as Bluwiki.

EFF and the San Francisco law firm of Keker & Van Nest represent OdioWorks LLC, which runs the BluWiki website. Like many “wiki” platforms, such as Wikipedia, it is open to the public for collaborative authoring and editing on any topic. The site is entirely noncommercial, operated by OdioWorks as a public service.

Late last year, after BluWiki users began a discussion about making some Apple iPods and iPhones interoperate with software other than Apple’s own iTunes, Apple lawyers demanded removal of the content. In a letter to OdioWorks, the attorneys alleged that the discussions constituted copyright infringement and a violation of the Digital Millennium Copyright Act’s (DMCA's) prohibition on circumventing copy protection measures. Fearing legal action by Apple, OdioWorks took down the discussions from the Bluwiki site.

OdioWorks filed the lawsuit in order to vindicate its right to restore those discussions. Filed in federal court in San Francisco, the suit seeks a declaratory judgment that the discussions do not violate any of the DMCA's anti-circumvention provisions, and do not infringe any copyrights owned by Apple.

This is the complaint.

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Reference Info:Pleadings | Federal, 9th Circuit, California | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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