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[News] DMCA Laws Abused for Censorship

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Awkward Stock Photo Blog Hit With DMCA Claim

,----[ Quote ]
| The blog, if you didn't know, basically 
| found awkward stock photo images, but did 
| so in a very promotional way, linking back 
| to the original, and always including the 
| original watermark. In other words, it was 
| helping to advertise some rather unique 
| iStockPhoto images -- and as the site 
| notes, lots of other sites have done the 
| same -- and even received book deals for 
| it. It seems like iStock's parent company, 
| Getty Images, totally overreacted to a site 
| that was only helping them, and not harming 
| the company at all.


The Case(s) of the Broadway Dance Steps

,----[ Quote ]
| According to Hipple's blog and 
| conversations I had with Hipple and Mackie 
| yesterday, Hipple submitted the photo to a 
| stock agency around 1999/2000. When Mackie 
| heard about the photo being sold, he got 
| his lawyer to send Hipple a letter asking 
| for the photo to be removed. According to 
| Hipple, that happened within two days of 
| when he received the letter.


Typepad Threatens Takedown of Herald Justice League Unlimited ExposÃ

,----[ Quote ]
| Typepad administrator Jen has given Herald 
| a deadline of January 29th to gut our 
| coverage of the Second Life Justice League 
| Unlimited's wiki, citing a Typepad Terms of 
| Service violation for "displaying 
| copyrighted text and images without 
| permission". The Herald has declined to 
| remove the disputed materials, setting the 
| stage for a new media showdown between the 
| press and an embarrassed group of Second 
| Life avatars brandishing copyright claims.


Law firm demands retailer destroy all copies of Olivia Munn comic, retailer refuses

,----[ Quote ]
| UPDATE: Geoff Gerber, an IP lawyer has an 
| interesting blog post about this. He 
| writes, "There is no absolute defense to a 
| right of publicity claim based upon 
| parody," and "It should also be noted that 
| it is not clear that Celebrity Showdown 
| would be considered a parody." This is 
| getting interesting. I've reached out to 
| Antarctic Comics, the artist Brian Denham, 
| and Olivia Munn for comments about this 
| story, but have so far not gotten a reply 
| from any of them.



Tough To Punish Those Who File Bogus DMCA Takedowns

,----[ Quote ]
| Eric Goldman highlights a case where an ISP
| tried to use section (f) to go after a
| bunch of folks who issued questionable DMCA
| takedowns that were clearly designed to
| harass a couple of websites (and, at one
| point, were used to try to take down the
| entire ISP). The details are a bit
| convoluted, but basically, a group of
| people critical of what was being said on a
| website issued a series of DMCA takedowns
| to keep the site down every time it came
| back up following a counternotice. This
| seems like a perfect case where the
| takedown issuers should be hit with
| sanctions of some sort, but the case was
| dismissed on procedural grounds instead,
| which seem to be based on a
| misunderstanding of the DMCA itself.

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