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Fair Use Fight Continues

In the latest development of Berkman Fellow Wendy Seltzer's test to determine the boundaries of copyright infringment, her clip of the NFL copyright statement has been taken down yet again by Youtube.

Following the first removal of her video clip, Wendy sent a counter-notification that resulted in the video being restored.  However, in their latest move, the NFL seems to have restarted the game at halftime.

Wendy concludes that, "If the NFL deigned to respond, I expect they would argue something like 'the volume of material is so high, we can't possibly keep track of all the claims of non-infringement. Our bots are entitled to a few mistakes.' But if they're not able to keep track of the few counter-notifications they've received... how can they demand that YouTube respond accurately and expeditiously to all the DMCA notifications they send, or worse, filter all content as Viacom is demanding?"

A number of media source have been following this story including CBS News, BoingBoing, Slashdot, and Digg.  You can also view a first-hand progression of the conflict on Wendy's blog.