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Copyright Language Called Deceptive

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For football fans stuck watching games at home, the NFL’s ominous copyright warning has become just as much of a pre-kickoff tradition as the singing of the Star-Spangled Banner. “This telecast is copyrighted by the NFL for the private use of our audience,” it warns. “Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL’s consent is prohibited.”

While the league may see it as a way to dissuade people from infringing on their copyrights, an industry association with members including Google, Microsoft and Yahoo feels it and other such warnings are out of line. The Computer & Communications Industry Association filed a complaint with the Federal Trade Commission on Wednesday, alleging that many copyright warnings are overzealous and deceptive.

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“These corporations use these warnings not to educate their consumers, but to intimidate them,” said Ed Black, the CCIA’s president, at a press conference. “Such tactics represent an assault on free expression and force consumers to continually forgo lawful activities to which they are entitled under federal law and the Constitution.”

The CCIA named Major League Baseball, the National Football League, NBC/Universal, DreamWorks, Harcourt Inc. and Penguin Group as parties that push the confusing messages. Although the big names behind the CCIA would seem to indicate it holds some significant sway, the names on the accused side are similar goliaths. It isn’t clear yet what action, if any, the FTC will take over the situation.

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