Posted by Reed A. Cartwright on September 12, 2007 03:31 PM

From reports that we are getting, starting yesterday a user account on YouTube, called cseministry, began fraudulently claiming that any video which criticized the felon, cheat, liar, fraud, huckster, etc. Kent Hovind violated the copyrights of the Creation Science Evangelism.

Under the draconian DMCA, CSE can use such false claims to silence their critics, with little legal risk to themselves. Once a claim has been filed, YouTube is required by US Law to remove the content immediately and without any review. The real copyright holders then have to jump through hoops to get their content back on YouTube, that is assuming that they haven’t already been falsely banned.

Hovind’s critics have a strong case against CSE’s DMCA claims because CSE’s own website waived copyright: “None of the materials produced by Creation Science Evangelism are copyrighted, so feel free to copy those and distribute them freely.” That waiver appeared in the About Creation Science Evangelism page as recently as yesterday. It looks like they’ve scrubbed their site today, after this waiver was pointed out to them. Apparently, CSE is trying to retroactively remove their productions from the public domain. (They can’t legally do this, but has the Hovind Bunch ever acted within the law?)

But more infuriating to me is that several users have reported that CSE is claiming copyright to homegrown videos that contain no CSE content, and in many cases no content by anyone other than the YouTube user. They are issuing clearly fraudulent DMCA complaints to remove videos critical of their organization and the liar that ran (runs?) it. This type of behavior should land the rest of the Hovind Bunch in jail except that fraudulent infringement notices are not illegal under the DMCA.

Update: And Now a Video