But now PDN is saying that they have contacted spokespeople at TIME Magazine, DC Comics, and the photographer who took the original image for Time Magazine, Platon, and all are denying having filed a DMCA takedown notice against this image. Apparently the photographer Platon’s office wasn’t even aware of the Obama/Joker issue. So if TIME Magazine, DC Comics and Platon didn’t file a DMCA takedown notice against the image, who did? And if someone with no possible IP interest in the image filed it, wouldn’t it be a tad disingenuous at this point for Flickr staff to be hiding behind this takedown notice in justifying their act of censorship? No wonder why when they were asked by the Los Angeles Times *who* filed the DMCA takedown notice, they were told that Flickr wasn’t able to give this information out. Aren’t able to give this information out or won’t give this information out? - Thomas Hawk

Oh no! I liked this post! Will Flickr ban me and cancel my pro account? - Aaman (Clone of FF)

If Yahoo/Flickr wants to curb the "makey upey" (I didn't realize Heather was 5 years old) all they have to do is be truthful and forthcoming with information. The more they withhold, the more rumors will fly. - Rob LaRosa

Amazing. Sometimes I wish there was an viable alternative that provides me with the same benefits I get from Flickr. Careful TH, you're going to find your account mysteriously gone someday. :) - Jeremy Kunz

Barack Obama filed a DMCA request for using his likeness. Okay, obviously, that's stupid, but really, who's left with a legitimate claim of any kind? - Vincent Ferrari

Does the fact that Flicker were complying with a DCMA takedown notice change your view of this story, Thomas??? - Roberto Bonini

Oh, did anyone ask the white house???? and shouldn't someone file a FOIA request to reveal who filed the DCMA notice??? - Roberto Bonini

Here's the EFF's description of the DMCA process in the context of YouTube: http://www.eff.org/issues... - Tinfoil 2.0

I'm not sure if a FOIA is possible... the DMCA takedown is from one private party to another. The Fed in general can't hold copyrights: In the United States, U.S. Government works are covered by 17 USC § 105.59 "Copyright protection … is not available for any work of the United States Government, but the United States is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise." Exceptions are available for certain works of the National Institute for Standards and Technology (NIST) and the U.S. Postal Service. Copyright protection may be available for U.S. Government works outside the United States (see FAQ Section 3.1.6). When a copyrighted work is transferred to the U.S. Government, the Government becomes the copyright owner and the work retains its copyright protection. - Tinfoil 2.0

My guess is either AT&T or Apple, although both will deny it. :) Agree that FOIA has no standing here. - John E. Bredehoft

Unless Flickr is outright lying about receiving a valid DMCA takedown notice, then what needs to happen is fully within the DMCA process now. Whoever posts the image and has it taken down can choose to submit a counter-notice (and bear the risks thereof). The DMCA is the culprit here. Write to your legislators about how the DMCA "has become a serious threat that jeopardizes fair use, impedes competition and innovation, chills free expression and scientific research, and interferes with computer intrusion laws" [http://www.eff.org/wp...] - Tinfoil 2.0

@Vincent, Neither Barack Obama or the White House are the legal copyright holders of the original image. They would have no right to issue a DMCA notice. Just because an image is of you does not give you any rights to that image. - Jeff P. Henderson

If not FOIA, sue to reveal the filer??? - Roberto Bonini

I am getting tired of the evasiveness of Flickr staff...who are the decision makers and why haven't they come forward to explain this action? - carwax

@carwax As I understand it, its a Champocracy. - EricaJoy

@Jeff: I said that somewhat tongue-in-cheek. I was just pointing out that the only people left that are in any way involved would be the white house ;-) - Vincent Ferrari

It's hard to say who issued it. The Whitehouse obviously understands that they would not be allowed to request an image come down that they don't hold any sort of IP claim over so I doubt it was them. Although it wouldn't surprise me if they informally objected to the image to Flickr staff. When Shepherd Johnson wrote comments critical of the President on the official Whitehouse photostream a few months back Flickr nuked his account over it. - Thomas Hawk

It's really mind boggling that Yahoo/Flickr finds this approach easier, with all the bad PR inherent to it, than simply reforming their procedures for handling alleged copyright and TOS violations to allow for some sort of appeal. - Eric P

It's easier because they only piss off a small minority of people who are passionate - and knowledgeable - about copyright laws. It's the 80-20 rule: The normal ma-and-pa Flickr user probably isn't even aware that it happened let alone the issue. Except in this case it's more likely 99-1, where only 1 percent of the Flicker users are engaged and passionate enough to care. This type of thing is a main reason I refuse to give Flickr my money, instead choosing SmugMug (which I gladly pay more) and another photo sharing site that .. well... is related to TH. - Tim

posted this on FB lately? Wait nvmd, FaceFeed - The Real sofarsoShawn