I've posted up several videos on my tech vlog site, http://techalley.cirne.com/ , on corporation and individual using the Digital Millenium Copyright Act section 512 to intimidate. Section 512 allows someone to send a notice to an ISP, video hoster, etc. that they are the copyright owner of a photo, video, etc. without proof of copyright ownership. The ISP, video hoster, etc. is required to have the media removed for at least ten days. The accuser may also subpeona the hoster to get the identity of the person who put up the media.
There are two cases that the Electronic Frontier Foundation is defending against such DMCA intimidation: - Diehl v. Crook: http://www.eff.org/legal/cases/diehl_v_crook/ Michael Crook fraudalently claimed he owned the image from his appearance on the Hannity and Colmes show, forcing Diehl to change ISPs to have the image up on his blog (http://www.10zenmonkeys.com/2006/11/01/eff-crook-dmca-lawsuit/) - Landmark Forum subpeona and EFF move to quash The corporation, Landmark Forum, claimed copyright of the critical french news segment, "Voyage Au Pays Des Nouveaux Gourous" (http://en.wikipedia.org/wiki/Voyage_Au_Pays_Des_Nouveaux_Gourous) forcing it's removal from Google Video, The Internet Archive and YouTube. Then Landmark Education subpoenaed Google Video, The Internet Archive and YouTube (sample: http://www.eff.org/legal/cases/landmark/archive_subpeona_101906.pdf ) to reveal the identity of persons uploading the video. I interviewed Kurt Opsahl and Jason Schultz at the EFF on these cases and what bloggers, podcasters and videobloggers can do to defend themselves from using the DMCA to stop fair use of media. The videos are not very exciting, but if this interests you or you're in such a situation they can be worth watching: http://techalley.cirne.com/?s=DMCA&submit=Search
