McCain Voted for DMCA, Now Feeling its Bite

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.

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20 comments

  1. 0
    E. Zachary Knight says:

    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


    E. Zachary Knight
    Divine Knight Gaming
    Oklahoma Game Development
    Rusty Outlook
    Random Tower
    My Patreon

  2. 0
    cjovalle says:

    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-special-treatement-for-dmca-takedowns.html

    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. ^^;

  3. 0
    DeepThorn says:

    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?"

  4. 0
    PHOENIXZERO says:

    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. >_>

  5. 0
    mogbert says:

    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.

  6. 0
    JC says:

    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.

  7. 0
    SimonBob says:

    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

  8. 0
    Spartan says:

    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

     

  9. 0
    E. Zachary Knight says:

    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


    E. Zachary Knight
    Divine Knight Gaming
    Oklahoma Game Development
    Rusty Outlook
    Random Tower
    My Patreon

  10. 0
    squigs says:

    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. 

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