Rush Limbaugh Issues DMCA Takedown To Censor Video Criticism

from the can't-take-the-heat dept

Radio personality Rush Limbaugh apparently has decided he can’t handle criticism well, so he’s abusing the DMCA to take down a video critical of him. The video does use Limbaugh video, but it seems like a pretty clear case of fair use. And, if we go by the standard established in the Lenz v. Universal case, those issuing a takedown are supposed to first consider fair use. If Limbaugh failed to do so, he could run into trouble.

But, more to the point: WTF? Why do people keep abusing the DMCA solely to silence free speech that criticizes them, at the same time they claim to be supporters of the First Amendment. You would think, by now, that Limbaugh has enough advisers who might recommend against taking down a silly YouTube video no one’s watching any more — but he seems to keep doing it, even if it seemingly goes against many of his claims.

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Comments on “Rush Limbaugh Issues DMCA Takedown To Censor Video Criticism”

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85 Comments
Skeptical Cynic (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

I think that these lawsuits are going to do more for internet freedom than anything else. They are going to prove to more and more people/companies that you can’t just shut us up.

You are going to have to have a dialog with us. You can’t just try and shut the collective “US” up. You need to address the issues expressed even if they are or are not valid.

Scott Lazarowitz (user link) says:

“But, more to the point: WTF? Why do people keep abusing the DMCA solely to silence free speech that criticizes them, at the same time they claim to be supporters of the First Amendment.”

Because Rush Limbaugh really does NOT support the First Amendment. If Limbaugh supports the Patriot Act and all the other forms of Bush-Obama censorship, and NDAA arrests of people who criticize the government’s “war on terror,” then he does NOT support the First Amendment!

DannyB (profile) says:

Several things need to change

Fair Use needs to be defined in black and white law so there is a bright line boundary where fair use begins and ends.

Since at present fair use is a blurry line, possibly requiring litigation, and risk, then there ought to be a statutory penalty for a false DMCA takedown over fair use. It is not fair that the risk is only on one side. If you’re going to pull the trigger on accusing of copyright infringement, and you don’t consider whether the work is fair use, then if you lose, there ought to be some serious bite.

Finally, there ought to be some serious penalties for a defective DMCA takedown, no matter for what reason it is defective. Fair use. Falsely claiming to be the copyright owner or their registered agent. The penalty for false copyright ownership claim should triple in obvious cases, such as claiming copyright to someone’s nature sound recordings.

Skeptical Cynic (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

No Rush’s behavior is typical of the Left which always wants to control your speech.

Argue with me on this and I will provide you link after link to prove my point. The left have always worked to control media. The right to control the message not the whole dialog.

Liberals control more of the dialog and news than the conservatives even could hope to control. Do some basic research.

Gwiz (profile) says:

Several things need to change

Fair Use needs to be defined in black and white law so there is a bright line boundary where fair use begins and ends.

Unfortunately, it really doesn’t work that way. Fair Use is a only defense against copyright infringement and can be fairly subjective. The right’s holder will claim it’s infringement and the defendant will claim it’s fair use. It’s up to a court to determine who is right and it has to be on a case by case basis because there will always be an untold amount of variables and variations.

Dark Helmet (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

“Which is false. The far-right is less likely to censor than the far-left.”

I normally don’t dive into the political bugaboo dialog, but that’s absolute bullshit. Coming from a point of view that’s relatively neutral (I hate both parties) both are absolutely as likely to censor as the other, albeit about different topics. The left will censor you over anything that involves feelings (hate-speech, political-correctness, etc.) and the right will censor you over business topics and nat’l security (Wikileaks, free-speech zones, etc.). These are not perfect generalizations by any stretch, but they’re close enough.

Basically, both parties are equally happy to shut you the fuck up over things they don’t want you talking about. So let’s not pretend that this want to shut others up has anything at all to do with political party….

JoelinPDX says:

None

I don’t know why Limbaugh is getting upset. First, it’s all in the past and he said it. The thing is that other than the stuff about filming herself having sex, it all makes perfect sense.

Second, it all is pretty much favorable to Limbaugh. He actually should be thanking Daily Kos for making his point so well. Kind of shows how biased they are at Daily Kos since nothing on the tape is hurtful to Limbaugh. Only the Daily Kos died in the wool liberals would think there was anything wrong with what Limbaugh was saying.

Anyway, Limbaugh shouldn’t be complaining and using the DMCA to take it down is kind of a pussyfied thing to do.

Paul Alan Levy (profile) says:

One of the big problems with DMCA takedowns....

With respect, it is not “the trial lawyers” who “won’t let something like that pass.” The inability for others to sue over takedowns is a consequence of the Burger and then the Rehnquist Court’s increased used of standing and other Article III doctrines to prevent suits in the public interest on the ground that the person suing lacks sufficient personal, concrete interest in the litigation to justify use of the courts. Not at all the “trial lawyers.”

Skeptical Cynic (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

Just look to their collective actions and the amount of the popular information that the are responsible for disseminating. By simple fact the left controls more of the information dispensed to the general populous.

Please take a moment to see any survey on the amount of all media people that are more likely to vote Democratic. The are the New-Speak world of 1984. I don’t make this stuff up.

Dark Helmet (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

“Please take a moment to see any survey on the amount of all media people that are more likely to vote Democratic. The are the New-Speak world of 1984. I don’t make this stuff up.”

The problem with this line of thought is that there is no right and left in this country. There’s mostly just the kinda-right and the maybe-a-little-left-of-center-almost. We don’t have a left wing in our political parties. Which I’m mostly okay with.

But this country is OVERTLY conservative all around, so much so, in fact, that are “leftist” party isn’t leftist at all. They’re moderate.

Skeptical Cynic (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

DH,

I really don’t have time to fight that fight but America is not even close to being mostly “kinda-right”. Surveys put it close to 31%-right — 36%-left and the rest independent.

The media in general is and has been “mostly-left” by their own survey results. Please no fight here. I was just stating facts. The media self-identifies as democratic by a wide majority. Every time!

Dark Helmet (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

“Your assertion that the left is more likely to censor is complete nonsense. The religious right (and the political right, appealing to those sentiments) are the most prodigous censor of material.”

Okay, just to be fair, I’m going to fight this side of the coin as well as being equally untrue. The religious right may like to censor, but certainly to no more extent than the political correctness police….

Dark Helmet (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

“I really don’t have time to fight that fight but America is not even close to being mostly “kinda-right”. Surveys put it close to 31%-right — 36%-left and the rest independent.”

Ok, I’ll try again, since apparently I wasn’t clear last time: you’re looking at this ONLY from a scale as represented by American politics. If you look at the global right and left, America is on the right, and decidedly so. We’re a conservative nation, not as judged by our own skewed spectrum, but judged by the spectrum of all nations. That was my entire point. From the perspective of the rest of the world, our “leftist communist-socialist pigdogs” are “insane warmongering conservatives”.

John Fenderson (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

The left have always worked to control media. The right to control the message not the whole dialog.

Indeed. But it’s odd that you single out “the left” on this, considering that it’s equally true of literally every group that seeks power.

Liberals control more of the dialog and news than the conservatives even could hope to control. Do some basic research.

This is objectively incorrect, and yes, I’ve done a lot more than basic research. The truth is that this isn’t a left vs right thing. This is a corporatist vs noncorporatist thing. The vast majority of media in the US is tightly controlled by major media corporations, and they control nearly the entire dialog outside of the internet.

Corporations are not left or right. They use the fake left vs right dichotomy in order to maintain their power.

The reality is that there isn’t really much of a “left” in the US anyway until you start talking to normal people. In the media and in our choices for politicians (with less than a half-dozen exceptions), the range is “right leaning moderate” to “ultraright”.

Dark Helmet (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

“America is Global Right because so much of the world has gone left and suffered for it.”

Oh, come on, this is just silly. There are obvious areas where conservative thought is beneficial and obvious areas where liberal thought is as well. Nations get in trouble when they stray too far to either end of the spectrum and “better off / worse off” is simply a matter of values and perspective. Unless you have some quantifiable measurement by which you want to evidence that the more conservative the nation the better off they are, this is a pointless conversation….

Anonymous Coward says:

Rush, Rush, Rush I thought that you were more savvy than that.

I think it’s a matter of degree. I think instances of “You should say Asian rather than Oriental,” and “It’s misogynistic to call someone a twat,” are all over the place. They happen all the time.

I don’t think they’re in the same league as the library culling and outright suppression of material committed by the right.

YMMV

Dark Helmet (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

“While I normally don’t resort to personal invective I still have to ask. “nazi left”, were you deliberately using an oxymoron or are you just a moron?”

It’s a politically opportunistic mistake, most likely stemming from Hitler calling his party a version of “socialism”, or worker’s party, when it was actually authoritarian. It’d be like referring to a piece of bad legislation as in America’s best interests because it’s called “The Patriot Act”….

Dark Helmet (profile) says:

Rush, Rush, Rush I thought that you were more savvy than that.

“To be fair, on a global scale that just means you hate right-of-centre and far-right… America doesn’t have a left-wing mainstream political party.”

Thanks for saying to me what I’ve said 3 or 4 times in the comments section already ๐Ÿ™‚

To be honest, I mostly hate the idea that anyone can identify on either end of the spectrum. Saying “I’m left” or “I’m right” is stupid. I’d rather just say, “I do my best to be correct on any particular issue”.

ANON (profile) says:

Introductions are in order... (Streisand)

Yep. I have no idea about this until this article. Now I will be viewing the video. I will remember a bit of what is in the video just because that is how peoples brains work and how you issued a false DMCA to try to squash criticism. I do not think this had the effect you wanted or maybe you do like people disliking you even more than they already did..

Anonymous Coward says:

None

Rush is mad as hell because he perceives Sandra Fluke as an inferior person (female student complaining about the high cost of contraception), yet she is getting lots of sex, but he (the superior person) is not. Sexual frustration combined with perceived unfairness to him, is what is motivating his multi-day rage against Sandra Fluke.

Chances are, due to his age, overweight and unfitness, he is suffering from erectile dysfunction. He needs to seek professional help, plus spend more time getting down to his correct weight and improving his fitness. In a way, his rage is a cry for help.

Anonymous Coward says:

Rush, Rush, Rush I thought that you were more savvy than that.

no they just shout down any message they dont agree with instead of having a conversation… and the left commits outright suppression of material too…

Its ok we get it you like one side over the other… i find both sides moronic and nethanderal… as i do most people that profess (or show allegence) to them as well…

Im in favor of discuss and ideas…not hate (which you both do, and call the other the evil bastards)

bothsides want control of your thoughts, money, and actions… and both claim to know better than the other.. Both can blow my ass

Anonymous Coward says:

Re:

correct, whos in power are all for more for them, and when they are out of power they are all for no power for those in power… its not left v right (but damn some of you make me want to slap you for the stupid shit you spout) its about power and who has it, who wants it, and who is using it. They have a need to control you, control your thoughts, control your actions, remove choice because they “know better”…

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