DMCA Takedown For Professor Showing How Copyright Owners Exaggerate Their Rights

from the ah,-irony dept

We've covered way too many bogus DMCA takedown notices, but sometimes new ones stand out for being extra special. Wendy Seltzer, a law professor who used to work for the EFF and who founded the awesome Chilling Effects clearinghouse for providing an archive of various takedown notices, has apparently received her very own first DMCA takedown notice (found via Boing Boing). Seltzer posted a snippet from the Superbowl for her students to see. Not just any snippet, mind you, but the snippet where its announced: "This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL's consent, is prohibited." She posted it as an example of a copyright holder exaggerating its rights -- as the NFL cannot ban all of the things they ban in that statement. Yes, this is getting more and more ironic. Take a moment to think this through for the layer upon layer of absurdity. A law professor puts up a short clip for educational purposes (fair use allows both short clips and educational uses of content) for the sake of showing how the NFL exaggerates its copyright control -- and the NFL responds by then sending a DMCA takedown notice to better highlight how they not only exaggerate their claims, but then misuse the law to shut down fair use as well. Somehow, though, I doubt the NFL planned to help Seltzer demonstrate how the law is abused by trying to takedown her example of how they were abusing the law (got that?). Either way, it seems that the NFL is helping prove Seltzer's point.
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  1. identicon
    Rick, 15 Feb 2007 @ 4:21pm

    There should be a fine.

    Why is there no penalty for improper use of DMCA takedown notices?

    Oh, I keep forgetting. It's the United Corporate States now. Screw the 'people.'

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