At the intersection of 1709Blog and TorrentFreak, a copyright Trollee asks a San Francisco court to deny copyright protection to adult content.
Not as good as Super Bowl 46 (no Roman numerals for me), but when EFF send their A team (IP Litigator Steven Yuen) to fight trolls, anything can happen.
So, if we deny copyright protection to “pornography”, then we put the courts into the posture of passing on the merits of copyright protection for a much broader category of intellectual work. Is this really the mission of my friends and colleagues at the Electronic Frontier Foundation?
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Our big firm brothers at Foley Hoag describe the facts well in their recent post “IP Dispatches from the Political Front: Mitt Slings Copyrighted Mud at Newt.”
The Romney video advertisement utilizes a clip of Tom Brokaw on NBC which “is little more than a short clip of a 1997 episode of NBC’s Nightly News, reporting that Gingrich was found guilty of ethics violations.” Last time I checked the Romney team has refused to take down the advertisement and stands behind its fair use claim.
Of course Romney is right and NBC wrong. I would suspect that NBC itself must Fair Use thousands of clips and textual material weekly in compiling the news.
The news is a series of Fair Use snippets.
The news is news itself.
The argument that the viewer would confuse a rebroadcast of a news clip as an endorsement is, quite frankly may I address NBC’s vice president of media law, David N. Sternlicht, absurd and irresponsible.
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At the intersection of 1709Blog and TorrentFreak, a copyright Trollee asks a San Francisco court to deny copyright protection to adult content.
