More DMCA Abuse

This time it’s a totally bogus claim by the Air Force!

It’s cyber war! Lawyers representing the Air Force’s elite electronic warriors have sent YouTube a DMCA takedown notice demanding the removal of the 30-second spot the Air Force created to promote its nascent Cyber Command. We’d uploaded the video to share with THREAT LEVEL readers.

U.S. Government works aren’t even copyrightable. YouTube doesn’t know that — presumably because it has no lawyers — and it’s taken down the video. A spokeswoman said in an e-mail that the Google-owned service has no choice but to comply with DMCA notices. That’s not quite right, though. YouTube has no legal obligation to remove non-infringing content.

Kurt Opsahl at EFF notes that, notwithstanding Pikster’s sworn statement, the Air Force website promoting the video contains this language in its privacy policy: “Information presented on the Air Force Recruiting website is considered public information and may be distributed or copied.”

Go read all of Kevin Poulsen’s Wired column about it.

(and another h/t to BoingBoing)

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