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Amicus brief - Electronic Frontier Foundation

Amicus brief - Electronic Frontier Foundation 2026

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The document is an amicus curiae brief filed by the Electronic Frontier Foundation (EFF) in support of defendants Jeffrey and Pamela Howell, who are being sued for copyright infringement related to their use of peer-to-peer file sharing software. The EFF argues against the plaintiffs' motion for summary judgment, asserting that the distribution right under Section 106(3) of the Copyright Act requires actual dissemination of copyrighted works, not merely making them available. The brief emphasizes that the plaintiffs have failed to provide evidence of unauthorized distribution and warns that accepting their interpretation could disrupt copyright law and affect various stakeholders in the digital landscape.

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Click ‘Get Form’ to open the amicus brief in the editor.
Begin by filling in the contact information for the attorneys representing the Electronic Frontier Foundation. This includes names, addresses, and email details.
In the 'Introduction and Summary of Argument' section, summarize your position clearly. Highlight key arguments supporting the defendants, ensuring clarity and conciseness.
Proceed to the 'Statement of Interest' section. Here, articulate EFF's mission and its relevance to this case, emphasizing its commitment to balancing copyright interests.
In the 'Argument' section, detail your legal reasoning. Use clear headings for each argument to enhance readability and ensure that all points are well-supported by legal precedents.
Finally, review all sections for accuracy and completeness before saving or exporting your document directly from our platform.

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