It seems The National Debate offered “corrections” to NYT op eds, in a format that looked much like the Gray Lady’s own. NYT sent a DMCA takedown demand to TND’s ISP, claiming copyright infringement. As befits a news organization, the Times has conceded that TND had a right to parody their style, so long as it didn’t confuse readers. Interestingly, the underlying complaint actually sounds more in trademark — the NYT didn’t want readers confused about the source of these “corrections,” and trademark law protects against consumer confusion — but NYT, like others we’ve seen, used copyright claims because the DMCA gives quick takedown process. I’m glad to see this resolved in a legally reasonable manner.
March 16, 2004
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