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Thursday, March 22, 2007

NFL fumbles DMCA takedown battle, could face sanctions

A law professor is making an example of the NFL and show her students how content owners are exaggerating their own rights. Wendy Seltzer recently posted a clip of the copyright message the NFL aired during the Super Bowl telecast. The NFL responded with a DMCA takedown notice through YouTube, where the video was hosted. The professor responded with a counter-notice, and the video reappeared on the site.

The NFL then made a mistake they will likely regret. Instead of responding to the counter-claim with court proceedings, they ignored it completely and sent another takedown notice for the same clip. This is considered a known misrepresentation that the clip was infringing, as stated in DMCA section 512(f)(1). The NFL could be held liable for legal fees incurred along with damages to the alleged infringer.

By the way, Wendy works for the EFF. In other words, she is not going to just let this issue be dropped. The NFL tried using its lawyers to control its content, and now they are going to face a tough legal face because of it.
NFL fumbles DMCA takedown battle, could face sanctions


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