Chilling Effects Weather Reports

DMCA "Repeat Infringers": Scientology Critic?s Account Reinstated after Counter-Notification

Wendy Seltzer, June 6, 2008
Abstract: The Scientology critic known as “Wise Beard Man” returned to YouTube this week after successfully filing counter-notifications to copyright claims that had earlier been made against his account. The takedown and delayed return illuminate another of the lesser-known shoals of the DMCA safe harbor, the 512(i)(1)(A) “repeat infringers” consideration.
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Blue Jeans Cable Not Cowed by Monster's Roar

Wendy Seltzer, April 15, 2008
Abstract: When Kurt Denke at Blue Jeans Cable got a cease-and-desist demand from Monster Cable, his litigator's instinct kicked in. He sent back five pages of questions detailing what he'd need to see before he'd be convinced to back down.
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Air Force DMCA-Bombs YouTube

Wendy Seltzer, from a report at Wired's Threat Level, March 7, 2008
Abstract: It's cyber war! Lawyers representing the Air Force's elite electronic warriors have sent YouTube a DMCA takedown notice demanding the removal of the 30-second spot the Air Force created to promote its nascent Cyber Command. We'd uploaded the video to share with THREAT LEVEL readers.
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Here Comes Another Takedown

Wendy Seltzer, December 19, 2007
Abstract: Earlier this month, comedy group The Richter Scales released a funny music video, "Here Comes Another Bubble." The video showed a montage of Silicon Valley images over a sound-track adapted from Billy Joel's "We Didn't Start the Fire," lampooning the Web 2.0 bubble that seems near bursting again. The video must have touched a nerve, as well as a funny bone, because it got wide linkage and discussion and became the week's top-rated video.

Then, it was removed from YouTube, "due to a copyright claim by a third party."
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Best Buy Apologizes For Cease & Desist Letter to Laughing Squid Blog

Wendy Seltzer, via Scott Beale of Laughing Squid, December 12, 2007
Abstract: Best Buy sent a cease-and-desist to Scott Beale of Laughing Squid for reporting on an "Improv Everywhere" prank and their sales of T-shirts mocking the Best Buy logo. Best Buy claimed the post infringed its trademarks and copyrights by "promoting" T-shirt sales. Laughing Squid promptly posted the C&D, where it was picked up by BoingBoing and Slashdot.

But Best Buy seems to have learned from the hubub, and sent its apologies a day later:

"We appreciate your clarification of the nature of your posting. We do object to sales of T-shirts or other products bearing a logo which violates our trademarks or copyrights or other misuse of our logo in commercial ventures. However, we do not object to fair and accurate reporting fo facts, and respect the First Amendment rights of Laughing Squid and other bloggers to provide articles or commentary on current events. Now that we have a better understanding of your website, we regret sending you the demand letter."

It's good to see a company recognize the distinction between reporting and trademark infringement and drop its threats. We have to say, though, the T-shirts give "trade dress" claims a whole new meaning.

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