Digital Home Thoughts: Sorry NFL, We Can Use the DMCA Too!

"The story began when Seltzer posted a YouTube clip on her personal blog in early February. The clip showed the NFL's copyright message that aired during the Super Bowl: This telecast is copyrighted by the NFL for the private use of our audience, and any other use of this telecast or of any pictures, descriptions or accounts of the game without the NFL's consent is prohibited. Seltzer took exception to this claim—as it clearly makes no concession for fair use—and wanted to show her students how content owners are beginning to exaggerate their rights. Five days later, she received a DMCA takedown notice through YouTube, saying that the NFL had claimed copyright violation and that the clip had been removed. Ironic? Perhaps, but it gets better. Seltzer, law professor by day, is also staff attorney for the Electronic Frontier Foundation (EFF) by night and founder of Chilling Effects, a web site dedicated to educating the public about online rights. Very well aware of her own rights under DMCA, she promptly sent a counter-notification to YouTube (generated by the Chilling Effects counter-notice generator, no less), citing Section 512 of the DMCA saying that YouTube must replace the material if they receive a counter-notification asserting "good faith belief" that the material removal was a mistake."

This is great. The NFL tries to use the DMCA to get content removed, and it's thrown right back in their face. And it's about time. The actions of certain nefarious industry agency have shown corporate America that it's OK to bully around consumers because we don't have the ability to fight back. Too bad they picked the wrong person to pick on this time. :D I will be very interested to find out what the final result of this will be.