GoPro, manufacturers of small digital video cameras, sent a Digital Millennium Copyright Notice to a site called DigitalRev, which had compared GoPro's latest camera to Sony's rival Action Video Camera, and concluded that the Sony camera was much better. When GoPro was called on its censorship, the company said,
The letter that was posted next to the review on DigitalRev was not sent in response to the review. Obviously, we welcome editorial reviews of our products. This letter was sent because DigitalRev is not an
authorized reseller of GoPro products and they were using images and had incorrect branding and representation of our product in their online commerce store. As part of our program – we ask merchants who are selling our product to use authorized images. That is why DigitalRev was contacted. But – our letter did not clearly communicate this and that is something we will correct.
However, the DMCA cannot be used to remove alleged trademark violations. As the name implies, the DMCA concerns itself with copyright, not trademark (that's why it's the DMCA and not the DMTA), and it is nothing less than fraud to send a DMCA notice over an alleged trademark violation. In other words, GoPro violated the law, and then offered a lame-ass, weak-ola excuse for it. You don't need a trademark holder's permission to use its marks in a review, nor do you need to be an authorized reseller to review products.
As GoPro surely knows.
As a reminder, apparently Sony's Action Video Camera kicks the GoPro camera's ass.
GoPro Uses DMCA to Take Down Article Comparing Its Camera with Rival
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