Seems to be a hot topic these days. The killing of UnitedHealthcare CEO, Brian Thompson, certainly has garnered much attention. Now, my intention is not to spark another controversial debate over this issue. In fact, I never though I would be writing anything related to this topic here, well, until I came to know about DMCA takedown requests from purportedly “United Healthcare.”1
To provide a quick summary, Rachel Kenaston, an artist selling merch on TeePublic received an e-mail from the platform regarding intellectual property claim by UnitedHealth Group Inc and decided to remove Kenaston’s design from the merch store.2 Obviously, it is important to point out that it isn’t quite clear who is filing those DMCA claims. While TeePublic, in the email, claimed that they have no say in the matter, the article goes on to explain that they have the right to refuse DMCA claims, but often choose not to in order to avoid headache.3 The design had nothing to do with UnitedHealthcare-it seems to be a picture of the Mangione in a heart frame. Meaning, whether it was UnitedHealthcare or not, the claim shouldn’t hold any weight.
Consensus seems to be mostly leaning towards speculation that it is unlikely to be UnitedHealthcare actually filing those DMCA claims, but rather potential competitors . Although, some seem to believe that large corporations are capable of very questionable decisions. Regardless of whether or not it really was UnitedHealthcare that filed DMCA claims, I think the important point here is that the merch actually did get taken down. In fact, this would be more problematic if it was from a competitor using DMCA as a form of removing competition, because, then it really has nothing to do with intellectual property.
I would assume that this happens quite frequently. Especially for YouTubers, it seems that copyright strikes are more than a mere pesky occurrence, but for many, something that affects livelihood. Although YouTube does seem to investigate the issue once appealed, I believe some channels are inaccessible until proven innocent (correct me if I’m wrong here!). Anyway, this article made me question how DMCA is being used because I really didn’t expect to find DMCA related to this topic. Which further makes me wonder if there are any safeguards against DMCA claims, and possible repercussions for abusing DMCA. I think, the difficult part, as always, is finding the balance between protecting the rights of the copyright holders and ensuring that the mechanisms doesn’t get abused. At the end of the day, I do think that this incident highlights the need for changes to DMCA claims.
Copyright & Social Media
Communications Law
Interesting post. Although that notice seems likely from an imposter, this may lend UHC some ideas to clamp down on public criticism using this uncommon legal tool. There are some advantages in doing so. The State of New York, as I understand, has an expansive anti-SLAPP legislation but it does not seem to cover IP claims, which fall under federal jurisdiction. The application of fair use is also really restricted in DMCA. To me, this story serves as a caution of the risks associated with selling something controversial online.
On a side note, Nintendo was also strangely implicated in this drama as one of the main characters in Super Mario, Luigi, shares the same name with the shooter. A couple of days ago, there was a screenshot circulating online which suggested Nintendo supported releasing the suspect, which later turned to be fake.
Thank you for your comment. I am not too familiar with anti-SLAPP legislation to comment on it (touched basics during 1L), but I do agree on your point regarding risk associated with engaging in business pertaining to controversies online. That said, I think the important question we should be asking is, should someone be afraid of, in this case DMCA strike, when doing business within legal rights? This idea was basis of asking whether there are any safeguards against DMCA claims in my post. Because, it seems that DMCA often gets abused, and sometimes doesn’t function as intended when it is truly necessary. Lastly, that was a fun side note to read!