Comments on: NFL: Second Down and Goal? http://wendy.seltzer.org/blog/archives/2007/04/05/nfl_second_down_and_goal.html Musings of a techie lawyer Tue, 07 Oct 2008 18:43:31 +0000 http://wordpress.org/?v=2.7-bleeding By: Dan Collier http://wendy.seltzer.org/blog/archives/2007/04/05/nfl_second_down_and_goal.html#comment-708 Dan Collier Fri, 06 Apr 2007 17:13:16 +0000 http://wendy.seltzer.org/wordpress/?p=400#comment-708 Wendy - First, thank you for doing this. Hopefully it will bring more attention to the fact that copy-rights and fair-use rights are equally important parts of copyright law. I have a few questions: 1. How can you make a non-profit argument considering your site has advertising and enjoys greater traffic due to these posts? Is this blog part of a not-for-profit entity? 2. Are you willing to litigate this matter? Wendy - First, thank you for doing this. Hopefully it will bring more attention to the fact that copy-rights and fair-use rights are equally important parts of copyright law.

I have a few questions:

1. How can you make a non-profit argument considering your site has advertising and enjoys greater traffic due to these posts? Is this blog part of a not-for-profit entity?

2. Are you willing to litigate this matter?

]]> By: Michael Donnelly http://wendy.seltzer.org/blog/archives/2007/04/05/nfl_second_down_and_goal.html#comment-707 Michael Donnelly Fri, 06 Apr 2007 05:33:29 +0000 http://wendy.seltzer.org/wordpress/?p=400#comment-707 Mr. McCarthy's argument might carry some weight or it might not. The strength of his statement seems moot, since the next step is a filing and not another take-down. He is in no position to frame an argument, much less defend an obvious disregard for observing the rules of the very weapon (DMCA) his client is wielding. Unsportsmanlike conduct: 15 yard penalty. Mr. McCarthy’s argument might carry some weight or it might not. The strength of his statement seems moot, since the next step is a filing and not another take-down. He is in no position to frame an argument, much less defend an obvious disregard for observing the rules of the very weapon (DMCA) his client is wielding.

Unsportsmanlike conduct: 15 yard penalty.

]]> By: Kempton http://wendy.seltzer.org/blog/archives/2007/04/05/nfl_second_down_and_goal.html#comment-706 Kempton Fri, 06 Apr 2007 03:55:46 +0000 http://wendy.seltzer.org/wordpress/?p=400#comment-706 Dear Wendy, Thanks for sharing your insight and reporting on the progress of this case. There are much for us, those living outside of U.S., to learn about your DMCA. Cheers, Kempton Calgary, Canada Dear Wendy,

Thanks for sharing your insight and reporting on the progress of this case. There are much for us, those living outside of U.S., to learn about your DMCA.

Cheers,
Kempton
Calgary, Canada

]]> By: wow gold http://wendy.seltzer.org/blog/archives/2007/04/05/nfl_second_down_and_goal.html#comment-705 wow gold Fri, 06 Apr 2007 03:16:34 +0000 http://wendy.seltzer.org/wordpress/?p=400#comment-705 Second Down And Goal To Go by Jerry Clower: Listen to Second Down And Goal To Go by Jerry Clower for free on Rhapsodywow gold Second Down And Goal To Go by Jerry Clower: Listen to Second Down And Goal To Go by Jerry Clower for free on Rhapsodywow gold

]]> By: Todd Knarr http://wendy.seltzer.org/blog/archives/2007/04/05/nfl_second_down_and_goal.html#comment-704 Todd Knarr Fri, 06 Apr 2007 02:46:00 +0000 http://wendy.seltzer.org/wordpress/?p=400#comment-704 Seems to me that the case where the copyright holder and alleged infringer have a difference of opinion about the matter is exactly the situation the DMCA addresses. It isn't looking to protect either the copyright holder or the alleged infringer, but the poor service provider caught in the middle. Reading over all the provisions and the history, it seems to me very much that the DMCA is saying "Each side gets one pass at this. If you can't come to an agreement after that, take it to the legal system and leave the service provider out of it.". If that's the case then the NFL's difference of opinion is either irrelevant or supports them not having the right to issue another takedown. Seems to me that the case where the copyright holder and alleged infringer have a difference of opinion about the matter is exactly the situation the DMCA addresses. It isn’t looking to protect either the copyright holder or the alleged infringer, but the poor service provider caught in the middle. Reading over all the provisions and the history, it seems to me very much that the DMCA is saying “Each side gets one pass at this. If you can’t come to an agreement after that, take it to the legal system and leave the service provider out of it.”. If that’s the case then the NFL’s difference of opinion is either irrelevant or supports them not having the right to issue another takedown.

]]> By: bryan http://wendy.seltzer.org/blog/archives/2007/04/05/nfl_second_down_and_goal.html#comment-703 bryan Thu, 05 Apr 2007 20:00:14 +0000 http://wendy.seltzer.org/wordpress/?p=400#comment-703 Looks like they are trying to "Go SCO" on you - ignore the law and the facts, while spreading FUD in the hopes that you'll back down. I may not be able to gamble on the outcome, but I'm sure going to bring the popcorn and watch The Show. If I can donate to a legal fund to help you fight these punks, just point me to the paypal! Cheers Looks like they are trying to “Go SCO” on you - ignore the law and the facts, while spreading FUD in the hopes that you’ll back down.

I may not be able to gamble on the outcome, but I’m sure going to bring the popcorn and watch The Show.

If I can donate to a legal fund to help you fight these punks, just point me to the paypal!

Cheers

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