A chilling effect is a situation where speech is suppressed or limited by fear of penalization at the hands of an individual or group. For example, the threat of a costly and lengthy lawsuit might prompt self-censorship and have a chilling effect on free speech. In law, chilling effects refer to the stifling effect that excessive application of intellectual property law may have on legitimate speech and innovation typically protected by the First Amendment.
Overapplication of intellectual property law is generally open to both interpretation of First Amendment rights, so-called "fair use" provisions, and the intellectual property law itself. Potential offenders may include cease and desist or other litigation threats made under the following: DMCA, Patent Law (e.g. increasingly prevalent software patents), Copyrights, etc.
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Last updated: 10-13-2005 16:27:41
