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NFL Continues To Help Professor Demonstrate How Copyright Owners Abuse The DMCA

from the live-case-studies dept

Last month, we had the story of how law professor, and creator of the Chilling Effects website, Wendy Seltzer, had received her very first DMCA takedown notice for posting a short clip on YouTube of the "copyright message" shown during the Super Bowl. Seltzer was using the clip to demonstrate to her students that copyright owners were claiming additional rights beyond copyright -- as the NFL's copyright statement claims rights well beyond what copyright actually grants it. As if to help prove Seltzer's point, the NFL then sent a DMCA takedown notice to YouTube, forcing them to pull the clip -- even though it was pretty clearly covered under fair use. Seltzer then followed up and filed the counter-notification, as per the DMCA, and YouTube put the clip back up. That counter-notification is sent to the NFL as well -- and makes it clear to them that Seltzer was claiming educational fair use as an exemption from the DMCA. The DMCA is also clear that if the NFL wants to challenge her on this claim, they need to go to court. Instead... they simply filed another DMCA takedown notice and got the video pulled again. As Seltzer points out, this clearly violates the DMCA, which states that the copyright holder filing a takedown cannot claim the material is infringing when they know it is not. Since they were clearly informed that the poster of the video was claiming fair use, the NFL appears to be in violation of the DMCA. This is the same sort of thing that got Barney the dinosaur in serious trouble with Seltzer's former employer, the EFF. Perhaps someone should remind the NFL how that case turned out. I never thought I'd be discussing what the NFL can learn from Barney the dinosaur, but perhaps the big annoying stuffed purple dinosaur actually does have some educational value after all.
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  1. identicon
    CasperIV, 20 Mar 2007 @ 8:51am

    RANT!

    I hate the NBA, NFL, NHL, MPAA, RIAA, and any other abbreviated coalition of idiots. You have groups that "represent" people and are conducting acts on "behalf" of said people to protect a "product". Give me a break, athletes and musicians are getting a little too full of themselves. Who the hell cares if we have some freakishly tall people fumbling around a court? I see more exciting games going on in the local parks. Who cares if a musician is complaining that their private plane needs to be bigger. Here's an idea, WORK FOR A LIVING! Why is it that people think making a single song should make them independently wealthy?

    Whatever happened to the entertainment in the entertainment industry? I know I don't find law suits all that interesting. I also know that I hate it when people exploit and blatantly violate laws because they are popular enough to do so without retribution. Why do celebrities get special treatment? If anything they should be held to a higher standard.

    People always ask, of everyone in the world (living), who I would like to meet the most. The generic answer to this question is a celebrity or politician, but why would I want to meet any more idiots then I already have to? Since when did being a popular figure make you important? I sure as hell won't lose any sleep if Paris Hilton suddenly goes the way of Anna Nicole Smith (I actually might break into dance that I won't have to see her horse face anymore).

    I just wish people could be smart enough to take a step back from their football game or soap opera and ask themselves why they are watching it.

    /Rant

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