Nick Diaz weigh in video returns to YouTube after copyright claim is reversed


Following a complaint from the Nick Diaz camp over numerical fudging, video of a conversation between Nick Diaz and UFC exec. Mike Mersch was pulled, with Zuffa citing a DMCA copyright infringement. That decision has been reversed.

The saga continues. In what feels like years ago now, Nick Diaz announced that he would be filing a formal complaint against the Quebec Athletic commission following last minute changes to the weigh-in policy. Included with this complaint was a video of Nick Diaz in conversation with UFC Senior Vice President of Business and Legal Affairs and Assistant General Counsel, Michael Mersch. During this conversation Mersch outlined a previously unknown policy change regarding Georges St. Pierre's weight, essentially stating that any weight between 170 and 171 pounds would be rounded down to 170.

That video was immediately pulled, due to a Zuffa claim that it violated DMCA copyright regulations. Our own Brent Brookhouse outlined the suspect nature of this claim.

The video was of a conversation, the UFC does not own a copyright on conversations that take place in the stadium seats. Nor does it own a copyright on anything actually shown in the video. The video doesn't even show something like the Octagon which the UFC could try to make some sort of (wrong) claim that violated their copyright. It is strictly a conversation in the stadium seats.

Interestingly, Mersch's job as Assistant General Counsel for the UFC has him as one of the biggest forces in the UFC's very aggressive copyright regulation. This means that he is one of the main players in the UFC's efforts to go after sites that illegally broadcast their shows and, in more questionable cases, after sites which use small amounts of video or gifs or screenshots that appear to fall under fair use.

Mersch's job means that he's more than well aware of the way that the Digital Millennium Copyright Act (DMCA) applies.

The actual owner of the footage immediately filed a counter claim, hoping to get the video back online. A move that appears to have been successful. Luke Thomas tweeted this morning that the video was once again up on YouTube, and free for the world to see.

Mersch has denied all knowledge of the conversation with Diaz in a series of tweets, stating that he had been told "...everyone made weight so there's nothing to make an issue about. He (Nick Diaz) might want to focus on how he's going to win the fight rather than spending the night making excuses about why he lost."

Of course this all leads to GSP's revelation yesterday that he " believes that it (his weight) amounted to 170.4 pounds." With the video back online, both fighters on the record with official statements, and total denial of wrongdoing from the Quebec Athletic commission and the UFC, this has all the makings of a long, ugly battle.

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