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New Jersey Sues YouTube Over Crash Video

eldavojohn writes "The New Jersey Turnpike Authority (NJTA) has sued YouTube and a number of other video sites for showing footage of a car crash that happened on the turnpike and was, therefore, property of the turnpike. The NJTA requested the footage be removed under the DMCA — which YouTube complied with — unfortunately, the video was copied to several other sites. The NJTA still seems to be targeting YouTube since YouTube 'did not try to prevent the very same video from being uploaded again by users immediately after it was purportedly removed.' We'll have to watch this closely and see if, even after you take down material violating the DMCA, you are at fault to any extent for people who already copied said material."

3 of 410 comments (clear)

  1. We must stop this copyright insanity by QuoteMstr · · Score: 5, Interesting

    This is an abuse of the concept of copyright by the turkpike authority; they're simply trying to censor unpleasant material. That we even entertain this idea is insanity, and is a testament to this idea that everything needs to be fenced off and owned. The turnpike organization is a public authority, and even if it weren't, you can't claim copyright on an automated recording of a public place! There's no creative element, no promotion of the arts, nothing other than a senseless and greedy enclosure of what ought to be common.

  2. Re:What copyright? by cpt+kangarooski · · Score: 4, Interesting

    That argument was used against cameras before, and it failed. It'll fail now. There might not be much creativity, but the threshold is so low for that, that I have no doubt that it would be found sufficient. I agree that it shouldn't be, partially because the threshold should be a touch higher than that (or at least more carefully analyzed than is usual), and that an additional requirement should be the intent of the author to make a creative work, as opposed to something else, e.g. a mere recording for other purposes (to catch toll evaders, to record accidents, to compile evidence against criminals as to their whereabouts, etc.). But that's not going to help much here.

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    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  3. Re:What copyright? by cpt+kangarooski · · Score: 4, Interesting

    I agree, but the current federal statute only prohibits the federal government from getting copyrights on works it creates. It ought to do the same for all governments, at all levels, worldwide. Governments don't need the incentive of copyright to create works; either they have other reasons, or they shouldn't be doing it anyway. So right now it would be up to New Jersey to have a similar policy as the federal government has. AFAIK, they don't.

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    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.