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
    Casper, 20 Mar 2007 @ 10:02am

    Re: Re: RANT!

    That's exactly my point. Our society has serious problems when a person associates with a team to the point that they will trade their rights for a chance to full fill their insecurities vicariously. I actually happen to be a fan of many sports, but I do not support groups such as the NBA and NFL or the people who fund them.

    I am all for peoples individualization, but not at the cost of society. There is nothing about group mentality that involves the individual. These peoples "devotion" to being a fan (not to a sport, that would imply participation) comes at the cost of future generations. Why is it acceptable for a person to spend a week preparing a super bowel party and not an hour teaching their children? Why can someone justify spending several hundred dollars on tickets when they admit that they don't like the players and really don't have the money to spend. It's an addiction that's supported by society, nothing more.

    Peoples priorities are very a skew. You may take offense to my statements and say that "a hell of a lot of people care", but do you think I really want to be associated with them? I can step back and see that I am not representative of the majority, and that is the problem. People need to start stepping up to their responsibilities and stop complaining about a world in which they do not participate.

    Those same people who are throwing millions of dollars to a freakishly tall person will still turn around and say that the schools do not have enough money or that there is too much crime in their city. Guess what, if you step back and look at what that money could do and what it is doing in the hands of the NBA, the choice should be clear.

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