The Verge – Lawyers claim Erik Johnson made fair use of Proctorio’s software code in a critical Twitter thread: “The Electronic Frontier Foundation (EFF) has filed a lawsuit against the remote testing company Proctorio on behalf of Miami University student Erik Johnson. The lawsuit is intended to “quash a campaign of harassment designed to undermine important concerns” about the company’s remote test-proctoring software, according to the EFF. It’s the latest legal battle for the software company, which has publicly sparred with online critics throughout the last year. The lawsuit intends to address the company’s behavior toward Johnson in September of last year. After Johnson found out that he’d need to use the software for two of his classes, Johnson dug into the source code of Proctorio’s Chrome extension and made a lengthy Twitter thread criticizing its practices — including links to excerpts of the source code, which he’d posted on Pastebin. Proctorio CEO Mike Olsen sent Johnson a direct message on Twitter requesting that he remove the code from Pastebin, according to screenshots viewed by The Verge. After Johnson refused, Proctorio filed a copyright takedown notice, and three of the tweets were removed. (They were reinstated after TechCrunch reported on the controversy.) In its lawsuit, the EFF is arguing that Johnson made fair use of Proctorio’s code and that the company’s takedown “interfered with Johnson’s First Amendment right.”..
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