The rumor may be that the JibJab case is all but over (Rumor Mill: JibJab Settles Copyright Lawsuit - Complete Victory!), but some details have emerged. In particular, EFF's complaint. Read the short, 7-page document: JibJab Media Inc. v. Ludlow Music Inc., Complaint for Copyright Misuse and for Declaratory Relief of Non-Infringement of Copyright [PDF]. Non-infringement and misuse ... interesting. Here are some of the more interesting paragraphs:

COUNT I: DECLARATORY RELIEF OF NON-INFRINGEMENT ....

18. JibJab contends that the creation and dissemination of its “This Land” video is a fair use of the Guthrie Composition and therefore, not an infringement of the copyright in that composition. Among other reasons, JibJab believes that the video is a transformative parody of the Guthrie Composition and not a substitute for the original. Ludlow, on the other hand, believes JibJab’s parody to be an infringement.
19. JibJab is informed and believes that the copyright on the Guthrie Composition has expired or is invalid.
20. JibJab is informed and believes that any copyright held in the Guthrie Composition is extremely limited because the majority of the melody of the Guthrie Composition is a derivative work of a song entitled “When the World’s On Fire” recorded by the Carter Family in 1930, ten years before the Guthrie Composition was written.
21. JibJab is currently distributing the “This Land” video and intends to continue doing so for as long as there is public interest, at least through the November, 2004 presidential election.

COUNT II: MISUSE OF COPYRIGHT ....

27. Plaintiff is informed and believes and based upon such information and belief alleges that Defendant’s motivation in demanding the removal of the “This Land” video from the Internet was not to protect any market for the Guthrie Composition as an allegedly copyrighted work or any other interest protected by copyright law, but instead to stifle free speech and artistic commentary on the Guthrie Composition.
28. Plaintiff is informed and believes and based upon such information and belief alleges that Ludlow is using threats of copyright infringement to restrain JibJab’s free speech and artistic expression and as leverage to force its website service provider to restrict this speech from public access on the Internet....
30. Ludlow engaged in the misuse of its copyright, including in the letters of July 20, 23, and 26, by claiming that the creation and dissemination of the “This Land” video constituted copyright infringement when it knew that they did not.

2. The Guthrie Composition is no longer protected by copyright and/or is part of the public domain.
3. Damages for copyright misuse according to proof;
4. Judgment barring Defendants from enforcing any copyright in the Guthrie Composition unless and until their misuse has ceased;

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