Disclaimer: I am not necessarily agreeing with UCB's decision.
Your argument can be made, but as I said elsewhere, we can only know if this is tested in court.
The counterargument to what you are saying is that leaving the door open is not done in order to benefit others in the hallway, whereas explicitly putting the videos on a web site is an active action. UCB would have trouble claiming that they're putting the videos up there, but not to benefit anyone.
Put another way, using your analogy, no one would complain if the professor decided to close the door. If people outside were listening, they have no say on the professor's decision.
Your argument can be made, but as I said elsewhere, we can only know if this is tested in court.
The counterargument to what you are saying is that leaving the door open is not done in order to benefit others in the hallway, whereas explicitly putting the videos on a web site is an active action. UCB would have trouble claiming that they're putting the videos up there, but not to benefit anyone.
Put another way, using your analogy, no one would complain if the professor decided to close the door. If people outside were listening, they have no say on the professor's decision.