Tuesday, March 20, 2007

NFL fumbles DMCA takedown battle and violated the DMCA in the prossess

You can't make stuff like this up... it incredible the rights copyright holds CLAIM to have.

NFL fumbles DMCA takedown battle, could face sanctions

Essentially, the NFL is now in violation of the same law that it is using to try to protect its own content. And, instead of following the proper procedures outlined in the DMCA, the NFL appears to be choosing to beat her over the head with takedown requests.

After receiving her counter-notification claiming fair use, sending another takedown notice over the same content is considered a knowing misrepresentation that the clip is infringing, according to DMCA section 512(f)(1). Under the DMCA, the NFL would be liable for all legal fees incurred by the alleged infringer, along with damages.

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