[liberationtech] Interesting legal question about copyright happening right now

[Raven Jiang CX]

It is interesting how the rise of automated DMCA takedown systems give
companies the ability to pretend that fair use never existed as a
legitimate concept and was only tolerated in the past due to their
inability to carry out granular enforcement.

On 23 February 2013 22:28, Yosem Companys <companys at stanford.edu> wrote:

> From: Dean Collins <dean at cognation.net>
>
> Interesting legal question about copyright happening right now, as you
> probably know by now there was an incident in the last lap of todays
> Nationwide Daytona race where several cars crashed and parts went over and
> through the fence.
>
> Whats interesting is that a fan posted a video he took from his seat in
> the stands of 2 minutes after the accident.****
>
> ** **
>
> YouTube pulled the video on behalf of Nascar as they are claiming copyright
> ****
>
>
> http://www.facebook.com/photo.php?fbid=10151632321154705&set=a.76650969704.71443.18807449704&type=1
> ****
>
> ** **
>
> Makes for interesting argument ****
>
> **-       **Is Nascar within its rights as it IS private property.****
>
> **-       **Is the fan within his rights as he posted less than 1% of the
> event (eg he shot the accident scene 5 seats over where a tire landed on
> someone)****
>
> Either way what has happened…..and this is so true about the internet once
> something is uploaded it can never be deleted…..the video is now being
> displayed on 20 different websites some which have refused to remove it in
> addition to it being uploaded to youtube under many different accounts with
> no mention of Nascar so cannot be located through simple keyword search.
>
> ** **
>
> Any legal eagles on the list want to have a crack with your thoughts?
>
> ** **
>
> …and in case you are wondering….yes of course we had a live fan chat for
> todays race – http://www.LiveNascarChat.com/go/19750
>
> ** **
>
> Regards,****
>
> ** **
>
> Dean Collins
> Founder – Live Fan Chat****
>
> *Dean at LiveFanChat.com*****
>
> +1-212-203-4357  ****
>
> **
>
> --
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