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Spocko’s campaign became more widely followed when his blog was taken down by his Internet service provider, 1&1 Internet, of Chesterbrook, Pa., after ABC lawyers sent the company a cease and desist letter on Dec. 22. 1&1 says “the decision was made to remove the copyrighted material from our servers until the matter is resolved, whether by the parties involved or the judicial system.”

Spocko has since switched to a different Web hosting company. His lawyer, Matt Zimmerman of the Electronic Frontier Foundation, a nonprofit digital rights group based in San Francisco, says that 1&1 acted too quickly in response to the ABC letter, which he described as saber-rattling rather than a valid notice under the Digital Millennium Copyright Act, an updating of copyright laws from 1998.

“They have a choice when they get these vague threats,” said Mr. Zimmerman, who argued that Spocko’s clips constituted fair use. “They can instantly shut it down” or wait until formally notified of copyright infringement as detailed in the act.

A spokesman for 1&1, Neil Simpkins, said the company was acting on the advice of its lawyers and noted that the material “is being distributed all over the Internet.” He said that to his knowledge the company had never before taken down a site because of copyright concerns. Rebecca Jeschke, a spokeswoman for the the foundation, said ABC’s actions would have a chilling effect on online debate.
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