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Time Denies Issuing DMCA Over Obama Joker Image

An anonymous reader writes "Last week Slashdot posted on the Flickr censorship case where Flickr removed the controversial Obama/Joker image from their site. A representative from Flickr claimed that they only removed the image because they received a DMCA takedown notice over the image and then accused the press and blogosphere of being 'makey uppey,' subsequently locking the thread where Flickr users were complaining about the takedown. But now it appears that Time, DC Comics, and the photographer of the original photograph used to make the parody image are all denying having issued Flickr a takedown notice. Flickr was asked who issued the notice by the Los Angeles Times and told the Times that they were not able to provide that information. The original artist says Flickr has not told him who filed it either, despite the fact that Yahoo has in the past provided the information to people when DMCA takedown requests are issued. So if Time didn't file the DMCA notice, and DC Comics didn't file the DMCA notice, and the original photographer did not file the DMCA notice, then who exactly did?"

3 of 324 comments (clear)

  1. Actionable? by Spazmania · · Score: 4, Interesting

    I thought that in order for a DMCA takedown to be valid (that is, for the ISP to gain immunity to legal action by the user) the complete notice had to be provided to the user against whom the takedown was performed? Am I mistaken?

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  2. Flicker could be on the hook for BIG bucks... by JimMarch(equalccw) · · Score: 5, Interesting

    ...if they fraudulently claimed a DMCA takedown notice when there wasn't one.

    Committing fraud via the DMCA, if that's what Flicker has done, is major bad mojo. Diebold Election Systems paid over $125,000 for a wrongful DMCA takedown notice:

    http://www.eff.org/cases/online-policy-group-v-diebold

  3. Re:The guys with Tin Foil Hats maybe? by chrb · · Score: 4, Interesting

    Well I'm not sure if it's "most", but it's a hell of a lot. Murdoch is the man The Independent called "so powerful that no politician dare take him on." According to Business Week:

    his satellites deliver TV programs in five continents, all but dominating Britain, Italy, and wide swaths of Asia and the Middle East. He publishes 175 newspapers, including the New York Post and The Times of London. In the U.S., he owns the Twentieth Century Fox Studio, Fox Network, and 35 TV stations that reach more than 40% of the country...His cable channels include fast-growing Fox News, and 19 regional sports channels. In all, as many as one in five American homes at any given time will be tuned into a show News Corp. either produced or delivered.

    Murdoch's global corporations pay an average of 6% corporation tax. Wikipedia's tax rates around the world should tell you that there's something odd about this. Murdoch even had a special tax credit for himself written into a US bill during the Clinton era. In the UK it was revealed that News International pays only 1.2% tax, and the governing Labour party refused to say anything on the issue. It is worrying that, in a democratic society, any single individual can influence public opinion so convincingly that even the governing left-leaning politicians, who would be his traditional enemies, must do underhand deals in order to gain his support and stay in power.