Thursday, October 16, 2008

Isn't Schnadenfreude Fun?

Senator John McCain, who may (or may not) be a zombie, has been bitten in the campaign by the Digital Millenium Copyright Act. And Google told him/them to "bugger off".

After having several campaign videos removed from YouTube for alleged copyright violations, Republican presidential candidate John McCain wants the video-sharing web site to consider special takedown privileges for politicians and their ilk.

McCain '08 general counsel Trevor Potter yesterday sent a letter to YouTube execs claiming the site is too quick to remove their campaign videos based on "overreaching copyright claims." He wrote that on numerous occasions that the material in question was "clearly" privileged under the US fair use doctrine.

Ha, ha, ha, ha, ha! ROTFL. That's what happens when you create bad laws. You get bad consequences. Sympathy - in the dictionary between shit and syphilis. But, I really love this bit:

Warner Music Group, CBS, Fox News, and other media conglomerates have all sent YouTube takedown notices for McCain videos.

Warner Music Group demanded YouTube remove a McCain video that uses the 1967 Frankie Vallie song "Can't Take My Eyes Off You." CBS wanted a YouTube video removed that used a clip from Katie Couric. And Fox News had a similar complaint about a McCain video that used a clip about the financial crisis.

So it's not "all those people who are abusing the DMCA by bombarding YouTube with invalid takedown notices", it is a legal difference of opinion regarding the extent of the (common law) fair-use doctrine. Which should be tested, if necessary (especially remembering this is the United States of Lawyers) in court, between the (ab)user and the copyright owner. Not by Google who, rich and Kings of the Universe though they are, are not, yet, the legal system*.

Update: And, this, too! Well done, lawyers. Not.

* As we all know that may, or may not be, Wikipedia.

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