[A2k] Re: [Ecommerce] Wendy Seltzer Gets a DMCA Takedown Notice

Tue Feb 20 14:14:01 2007

Seth, Wendy and all,

  Seems to me that in this particular instance, Wendy was the one
damaged here by the NFL AND Youtube by a lack of understanding
of "Fair use".  If I were Wendy, I would consider filing suit against
Youtube and the NFL.  There may also be a FTC complaint in Youtube's
bad use of it's bot.

Seth Johnson wrote:

> I can't decide which part of this is most silly.
>
> I'll just call out the complete idiocy of the actual "terms" of
> the Superbowl copyright notice clip Wendy Seltzer posted online.
> If this conception represents the assumptions presently at play,
> what can we expect under the Xcaster's Treaty?
>
> But also of note is the fact that she is herself the steward of
> the Chilling Effects project, a copyright lawyer and teacher,
> recently with EFF on the West Coast, and general all-around
> information freedom great one.  Hope you've got a thick coat this
> winter, Wendy!  :-)
>
> Seth
> > http://wendy.seltzer.org/blog/archives/2007/02/08/my_first_youtube_super_bowl_highlights_or_lowlights.html
> > http://wendy.seltzer.org/blog/archives/2007/02/13/my_first_dmca_takedown.html
>
> ---
>
> > http://wendy.seltzer.org/blog/archives/2007/02/08/my_first_youtube_super_bowl_highlights_or_lowlights.html
>
> February 08, 2007
>
> My First YouTube: Super Bowl Highlights or Lowlights
>
> I snipped the copyright warning out of the weekend's Super Bowl
> broadcast as an example for my copyright class of how far
> copyright claimants exaggerate their rights.
>
>     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.
>
> Let's see whether the video
> (http://www.youtube.com/watch?v=a4uC2H10uIo), clear fair use,
> gets flagged by a copyright bot.
>
> ---
>
> > http://wendy.seltzer.org/blog/archives/2007/02/13/my_first_dmca_takedown.html
>
> February 13, 2007
> My First DMCA Takedown
>
> That didn't take long. On Feb. 8, I posted to YouTube a clip
> taken from the Super Bowl: not the football, but the copyright
> warning the NFL stuck into the middle of it, wherein they tell
> you it's forbidden even to share "accounts of the game" without
> the NFL's consent.
>
> Their copyright bot didn't seem to see the fair use in my
> educational excerpt, so YouTube just sent me their boilerplate
> takedown. Time to break out that DMCA counter-notification.
>
> -------- Original Message --------
> Subject: Video Removed: Copyright Infringement
> Date: Tue, 13 Feb 2007 15:43:24 -0800 (PST)
> From: DMCA Complaints
> To: peppercornconsider
>
> Dear Member:
>
> This is to notify you that we have removed or disabled access to
> the following  material as a result of a third-party notification
> by National Football League claiming  that this material is
> infringing:
>
> Super Bowl Highlights:
> (http://www.youtube.com/watch?v=a4uC2H10uIo)
>
> Please Note: Repeat incidents of copyright infringement will
> result in the deletion of  your account and all videos uploaded
> to that account. In order to avoid future  strikes against your
> account, please delete any videos to which you do not own the
> rights, and  refrain from uploading additional videos that
> infringe on the copyrights  of others. For more information about
> YouTube's copyright policy, please read the  "Copyright Tips"
> guide: http://www.youtube.com/t/howto_copyright.
>
> If you elect to send us a counter notice, to be effective it must
> be a written  communication provided to our designated agent that
> includes substantially the  following (please consult your legal
> counsel or see 17 U.S.C. Section 512(g)(3) to  confirm these
> requirements):
>
> (A) A physical or electronic signature of the subscriber.
>
> (B) Identification of the material that has been removed or to
> which access has been  disabled and the location at which the
> material appeared before it was removed or  access to it was
> disabled.
>
> (C) A statement under penalty of perjury that the subscriber has
> a good faith belief  that the material was removed or disabled as
> a result of mistake or misidentification  of the material to be
> removed or disabled.
>
> (D) The subscriber's name, address, and telephone number, and a
> statement that  the subscriber consents to the jurisdiction of
> Federal District Court for the judicial  district in which the
> address is located, or if the subscriber's address is outside of
> the United States, for any judicial district in which the service
> provider may be  found, and that the subscriber will accept
> service of process from the person who  provided notification
> under subsection (c)(1)(C) or an agent of such person.
>
> Such written notice should be sent to our designated agent as
> follows:
>
> DMCA Complaints
> YouTube, Inc.
> 1000 Cherry Ave.
> Second Floor
> San Bruno, CA  94066
> Email: copyright@youtube.com
>
> Please note that under Section 512(f) of the Copyright Act, any
> person who  knowingly materially misrepresents that material or
> activity was removed or disabled  by mistake or misidentification
> may be subject to liability.
>
> Sincerely,
> YouTube, Inc.
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
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