EFF, ACLU Ask News Networks To Stop Sending DMCA Takedown Notices On Political Videos
from the right-idea,-wrong-approach dept
Following the McCain campaign's request to YouTube that it exempt both major presidential campaigns from the traditional process of notice-and-takedown to DMCA complaints (which YouTube rejected), the EFF and the ACLU have sent a letter to the various television networks who were responsible for the takedowns in the first place, asking them to stop sending bogus takedowns. On top of that, they ask YouTube to reconsider and start responding to counternotices and putting content back online more quickly.
While I can appreciate the stance taken by the EFF and the ACLU, and believe that they are correct that the networks' takedown notices are incorrect, I'm going to have to side with Public Citizen in suggesting that the real answer to this issue is fixing the DMCA, not through asking various parties to simply change their behavior. The real problem is the DMCA and the unclear boundaries of fair use today. While there's clearly not time to fix the law prior to election day, it doesn't seem right to just ask people to ignore the way the law works today. If the law is the problem, fix the law -- don't ask everyone else to play by different rules. That just sweeps the problems of the law under the rug, where they'll get a lot less attention.
While I can appreciate the stance taken by the EFF and the ACLU, and believe that they are correct that the networks' takedown notices are incorrect, I'm going to have to side with Public Citizen in suggesting that the real answer to this issue is fixing the DMCA, not through asking various parties to simply change their behavior. The real problem is the DMCA and the unclear boundaries of fair use today. While there's clearly not time to fix the law prior to election day, it doesn't seem right to just ask people to ignore the way the law works today. If the law is the problem, fix the law -- don't ask everyone else to play by different rules. That just sweeps the problems of the law under the rug, where they'll get a lot less attention.






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eh
ethics + plausible deniability = sorry, what were you accusing me of? I didn't do that, you have no proof.
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Stopgap Measure
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Takes downs
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Re: Stopgap Measure
I mean don't get me wrong, I think it's wrong for people to download any and all music they listen to with out paying for it. Or to burn netflix movies so they don't have to pay full price. But I also think its wrong for me to be required to buy a second, third, or fourth copy of a movie I paid for already because I was not allowed to make a backup copy for my children to watch, keeping the original safe. Or sampling an entire album to verify that its all good and I'm not spending $17 for one song.
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fix the DMCA? yeah right.
too many people need the DMCA to shutdown criticism, dissent, and satire for it to be changed in any meaningful way.
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Re: Re: Stopgap Measure
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Re: Takes downs
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Re: Re: Stopgap Measure
What a deal, we get a fixed DMCA in return for a broken country let by "the one". PASS
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