Damox's Legal Blog

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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


Monday, March 19, 2007 

State Bar Says Nifong Skirted System in Handling of Duke Lacrosse Case :: WRAL.com

The former prosecutor in the Duke lacrosse case is in the battle of his legal career, and it's against the North Carolina State Bar. Recently released documents revealed that the Bar believes Nifong skirted the system and twisted words in an attempt to make it appear that he acted appropriately in the Duke case.

At the center of the allegations against Nifong is the way he released information to the public and to the defense. He did not reveal that DNA tests came back negative for what most people would consider an extraordinarily long time, and even when he did he was deceitful. He released the results to the defense in the form of 2,000 pages of raw test results, without any summary result telling them what it all meant. They had to hire their own experts to interpret the results that the prosecution already had. That's not just skirting the law, that's acting like an ass because a case is not going your way.

Nifong should be tossed from the NC bar, and the law school that approved him for the bar should be investigated. First year law students are writing 100 page papers detailing the ways Nifong acted unethically. I'm sure some pre-laws are doing independent research on the topic just to kiss up to some teacher. That's how obvious this whole thing is, and Nifong thought he could pull it off in front of a national audience.
State Bar Says Nifong Skirted System in Handling of Duke Lacrosse Case :: WRAL.com