Pixeleen Mistral Files Legal Response to Venkman's DMCA Abuses
Herald news Idoru pseudonym sacrificed in free speech fight
by Peter Ludlow (aka Urizenus Sklar), Herald Founder
Sometimes we all have to take a stand. In this case Herald Editrix Pixeleen Mistral, facing an outrageous abuse of the DMCA by Kalel Venkman, has, pursuant to Section 512(c)(1)(C) of the DMCA, filed documents disputing Venkman's claims of copyright infringement on screen shots and snippets of chat from the Justice League Unlimited wiki. As reported earlier in the Herald, the JLU wiki amassed vast amounts of (often false) information on Second Life denizens, including massive chat logs that were in cases recorded without the consent of the parties involved. In effect, the JLU was running an enormous surveillance program against Second Life users, and were using the DMCA to try and cover up those abuses to keep the public from understanding the full scope and frightening nature of the abuses. More troubling still is that much of the material Venkman requested be taken down appeared to implicate the involvement of Linden Lab staff member Plexus Linden in the activities of the JLU.
This can only mean trouble for Venkman. It is illegal under Title 17, United States Code Section 512(f) to knowingly send faulty DMCA notices, and doing so can result in serious legal liability. For example, there is already established precedent in the Northern District of California (where YouTube is located) holding that when a company knew or should have known that use of copyrighted material is fair use (and therefore, non-infringing), it is a violation of Section 512(f) and the DMCA. As a result of that violation, the company responsible paid over $100,000 to the parties affected.
Title 17, Section 107 explicitly says that "the fair use of a copyrighted work, including such use by reproduction in copies... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." As I said, Venkman is in trouble.
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