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NASCAR Tries To Squelch Video of Spectators Injured By Crash
An anonymous reader writes "Dozens of fans attending a NASCAR race at Daytona Speedway were injured when a crash during the last lap triggered a chain reaction, culminating in the front section of Kyle Larson's car ricocheting into the fence in front of the stands (Larson escaped injury). While the footage accompanying the article is dramatic enough, an even more riveting clip showing the chaotic scene in the stands from up close was posted on YouTube, but was taken down after NASCAR claimed it violated their copyright . YouTube has since restored the fan's video. A NASCAR spokesman has issued a clarification, saying that the takedown request was done out of respect for those injured. The race was an opening act for the main event, the Daytona 500, which officials say will proceed as scheduled. 'With the fence being prepared tonight to our safety protocols, we expect to go racing tomorrow with no changes,' Speedway President Joie Chitwood told CNN."
So is NASCAR going to have a rash of legal suits for false takedown notices?
No, AFAIK the DMCA laws state that you lose the right to file any more DMCA takedown requests if you fail to comply with the rules -- ie. filing takedown requests in bad faith, for example, would result in you losing the right to protect your content with any future requests. It does not make you liable for monetary compensation or place you in a position for lawsuits. In addition to that, no one seems to actually honor this side of the law -- Google certainly doesn't give a flying f*ck if someone abuses the DMCA as long as they get their pretty penny.
Look, you fuckers, you can't use copyright law "out of respect for the injured", mmkay? What kind of an idiot would come out with this line for an excuse? You did not send an "I wish it were so" takedown. You sent a takedown under DMCA, and you've just publicly claimed that you've perjured yourself! Just one more reason for me to otherwise ignore NASCAR.
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And if the video was from a spectator's phone, then they don't own the copyright.