McCain Voted for DMCA, Now Feeling its Bite

October 16, 2008 -

A decade ago, John McCain, senator from Arizona, voted for passage of the Digital Millenium Copyright Act.

These days, John McCain, Republican presidential candidate, is feeling its sting. That's because the DMCA is heavily weighted in favor of content rights holders, often at the expense of everyday content users - like the McCain campaign.

As Wired's Threat Level blog reports, YouTube has turned down a request from McCain's people to take a closer look at fair use issues before yanking their videos at the request of DMCA take-down notices. From Wired:

The McCain campaign on Monday fired off a letter to YouTube complaining that the company had acted too quickly to take down McCain's videos in response to copyright infringement notices. McCain campaign general counsel Trevor Potter argued that several of the removed ads, which had used excerpts of television footage, fall under the four-factor doctrine of fair-use, and shouldn't have been removed.

 

But citing the DMCA, a controversial copyright law that McCain voted to approve a decade ago, Levine pointed out that YouTube risks being sued itself if it doesn't respond promptly to takedown notices.

By way of example, Cnet reports that YouTube has taken down McCain videos at the request of CBS and Fox because they included clips from on-air interviews.


Comments

Re: McCain Voted for DMCA, Now Feeling its Bite

One thing that bothers me about this, If I were interviewed on a television program, shouldn't I be able to post that video anywhere I want people to see it? Why should some tv channel be able to dictate to me how I can use footage of me?

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: McCain Voted for DMCA, Now Feeling its Bite

 It's nice when rich untouchable senators actually feel the effects of the shit they put everyone else through.

Re: McCain Voted for DMCA, Now Feeling its Bite

Interestingly, the DMCA also prohibits YouTube from acting in the way that the McCain campaign suggests. If they begin to evaluate certain types of content, then YouTube risks its DMCA safe harbor status and could become liable for mistakes that they make as well as the actions of their users. YouTube has sent a response:

http://arstechnica.com/news.ars/post/20081015-youtube-to-mccain-no-speci...

Furthermore, how would it be fair for YouTube to privilege the political campaigns and not the other fair uses from other citizens?

I wish William Patry was still blogging. ^^;

Re: McCain Voted for DMCA, Now Feeling its Bite

Irony... it's whats for breakfast.

Re: McCain Voted for DMCA, Now Feeling its Bite

The Obama/Biden campaign has also had videos pulled because of it, but haven't raised a stink like Team Maverick has.

Re: McCain Voted for DMCA, Now Feeling its Bite

I guess I shouldn't be surprised his people are asking for special treatment to bypass the law >_>

*sigh* I hope they all feel more problems like that in the future.

Re: McCain Voted for DMCA, Now Feeling its Bite

The difference is that the Democratic campaign doesn't need copyrighted music to cover up their speeches.  Heck, they've got people writing songs just for them.  (Tho I have to admit, "Drill Here, Drill Now" has a catchy hook.)

---
The Mammon Industry

---
Fangamer

Re: McCain Voted for DMCA, Now Feeling its Bite

Sounds more like the title to a porn movie.

Re: McCain Voted for DMCA, Now Feeling its Bite

Maybe they'll start running campaign ads in porn next?

Re: McCain Voted for DMCA, Now Feeling its Bite

I was shocked at the suggestion made by McCain that YT should give special treatment to political media. WTF? If it is good enough for the average Joe then it should be more then good enough for the collective leadership of said Joe's country. The next thing they want to have done is to make exceptions old long dead rock stars and others of that ilk...

-------------------------------------------

"The most difficult pain a man can suffer is to have knowledge of much and power over little" - Herodotus

 

--------------------------------------------------------------------------- "The most difficult pain a man can suffer is to have knowledge of much and power over little" - Herodotus

Re: McCain Voted for DMCA, Now Feeling its Bite

Ha!

Re: McCain Voted for DMCA, Now Feeling its Bite

Yeah, I think Biden voted for it too, considering how "in the pocket" he is of big content. However, it is funny that they start to see that big contents payoffs may not be worth it.

Quite frankly, I hope that this starts happening to government more often, getting bitten by the stupid laws they pass. Next step, they need to raid and sieze all the computers of any senator who's children have downloaded an illegal MP3 under the PRO-IP law, then hit them with the maximum fine. With the gigs they probably have, it would eat up even their money. This won't ever happen though, because Big Content knows that if they do catch a senator's son in their overbroad dragnet, they let him go.

Re: McCain Voted for DMCA, Now Feeling its Bite

Biden didn't just vote for it, he was one of the guys behind it and pushed for it to get passed IIRC.

 

Unfortunately, if it does start biting the government in the backside they'll just pass a law making the government and its officials immune to such potential problems. >_>

Re: McCain Voted for DMCA, Now Feeling its Bite

Yeah Biden voted for it.

Re: McCain Voted for DMCA, Now Feeling its Bite

What goes around, comes around. Gotta love karma

An eye for an eye makes the whole world blind.

An eye for an eye makes the whole world blind.

Re: McCain Voted for DMCA, Now Feeling its Bite

It certainly makes no commercial sense for YouTube to give the benefit of the doubt to the posters of the videos, even if they are the customers. 

But I really think the YouTube admins must take some petulant delight in telling McCain this. 

Re: McCain Voted for DMCA, Now Feeling its Bite

Can we talk about Biden voting for it too?

Re: McCain Voted for DMCA, Now Feeling its Bite

Sure, as soon as he starts bitching about it like a hypocrite the way McCain is.

Re: McCain Voted for DMCA, Now Feeling its Bite

You have to be fair, Biden had a little bit of an idea of what he was voting on, while McCain thought it was a series of tubes making up the internet, haha.

"Why do I need a mouse for a computer?  Wont it bite me?"

Nido Web Flash Tutorials AS2 and AS3 Tutorials for anyone interested.
How to set Xbox 360 Parental Controls

Re: McCain Voted for DMCA, Now Feeling its Bite

Just about everyone who still is in congress or senate who were arounbd then voted for it.

I am glad to see that politicians are now feeling its sting. Hopefully they will be more willing to do something about it.

Also, it was already talked about when it was announced that Biden was the VP.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

 
Forgot your password?
Username :
Password :

Poll

Poll: Is it censorship when a private retailer decides not to sell a particular video game?:

Shout box

You're not permitted to post shouts.
Andrew EisenDevin Faraci over at Birth.Movies.Death calls the Transformers movies "the worst successful franchise in the history of motion pictures." I was like "oh, come on!" but I realized I couldn't think of a successful franchise that's worse. Can you?05/28/2015 - 1:26pm
Matthew Wilsonhttps://www.youtube.com/watch?v=xBWlnL6Tr6k part 2 of the witcher history05/28/2015 - 10:54am
Infophile@Wonderkarp. Yeah, that's ads. Some advertisers use a trick to open up an appstore address, which forces the phone to shift over to it. I wish providers would be more diligent about it, even if all they can do is punish offenders after it happens05/28/2015 - 10:33am
MechaCrashFor all your wounded pearl clutching and HOW DARE YOUing, you're sure quick to resort to schoolyard insults like the petulant child you are.05/28/2015 - 10:25am
MechaCrashI wasn't even trying to offend you. I just didn't care if I did, because you're a thin skinned hypocrite who routinely argues in bad faith.05/28/2015 - 10:23am
MechaCrashYeah, smearing everyone with a broad brush is your schtick. And also, I hate you.05/28/2015 - 10:22am
WonderkarpFudge, for some reason sometimes when I access Gamepolitics on my phone, it shoots me over too my app store. I think its the Ads05/28/2015 - 9:58am
WonderkarpI'm not perpetually offended. I'm an regular viewer of South Park. I have a problem with people saying gamergaters are school shooters. That and lets be honest. I dont like MechaRash05/28/2015 - 9:55am
Ivresse@MechaCrash: I'd like to refer you to the words of Stephen Fry: https://pbs.twimg.com/media/CGA3QGHW8AARsax.jpg05/28/2015 - 9:43am
Wonderkarpalright Fudge05/28/2015 - 9:27am
MechaCrashWhat good is being one of the perpetually offended if you don't make sure everybody sees just how offended you are?05/28/2015 - 9:02am
james_fudgeYou two can reasonably slug it out in the article in question if you want :)05/28/2015 - 8:59am
MechaCrashI wasn't expecting you to drag it into the shoutbox, either. Just when I think I have you pegged, you prove me only MOSTLY right.05/28/2015 - 8:55am
MechaCrashWhat argument? You made a joke in bad taste. I made a response joke in similar bad taste. And you are going berserk with...okay, not the flavor of HOW DARE YOU I was expecting (I thought you'd No True Scotsman, instead you dodged it entirely).05/28/2015 - 8:52am
Wonderkarpfyi, thats a self made "REDACTED" to make Mr Fudges life a little easier.05/28/2015 - 8:50am
Wonderkarphow is calling somebody out for being a [REDACTED] throwing a Tantrum? Is it cause you cant dispute my argument?05/28/2015 - 8:46am
MechaCrash"Grow a thicker skin," says the person throwing a tantrum that's filling the shoutbox.05/28/2015 - 8:40am
Wonderkarpbeen a bombing had Sarkeesian spoke, because there would be an increase police presence and nobody is THAT STUPID to make a threat like that and follow through. This isnt the movies05/28/2015 - 8:35am
WonderkarpIts what you make of them. GamerGate in DC had a bomb threat. Police were there, but GG continued to enjoy themselves and have a good time. Bomb Threats in general, you give them to the police and continue your business. I guarantee there wouldnt have05/28/2015 - 8:34am
MechaCrashhttp://www.sltrib.com/sltrib/news/58521856-78/sarkeesian-usu-video-feminist.html.csp Remember the talk Sarkeesian had to cancel because of death threats? Yeah. That's the thing I'm talking about.05/28/2015 - 8:30am
 

Be Heard - Contact Your Politician