Wednesday, February 8, 2012

EFF To Represent Yes Men

November 11, 2009

The Electronic Frontier Foundation said Wednesday that it will represent the Yes Men in fighting a lawsuit filed by the U.S. Chamber of Commerce against the activists for staging a fake news conference claiming the business association had changed its stance on climate change legislation. The chamber's lawsuit, filed in October, claimed the Yes Men unlawfully used the group's trademark and other intellectual property by using the chamber's logo in a press release and at the fake news conference.

At the October event, the Yes Men, who describe themselves as targeting "leaders and big corporations who put profits ahead of everything else," announced the chamber had reversed its position on climate change legislation and pledged not to lobby against a strong bill. The staged event was interrupted by a chamber official who notified those gathered that it was a fake news conference and that the chamber had not change its position on the issue.

EFF argued that the Yes Men, which will also be represented by the Davis Wright Tremaine law firm, engaged in political theater that is protected by the First Amendment. "Trademark rights do not encompass the right to silence criticism," said EFF senior staff attorney Matt Zimmerman. The chamber, in announcing its lawsuit, said that while it supports free speech, the Yes Men deliberately broke the law to sell their books, movies and other merchandise.

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.