Legal Issues

by Mike Masnick


Filed Under:
dmca, fair use, news channels, takedowns

Companies:
cnn, fox



CNN Follows Fox News In Using DMCA To Take Down Fair Use Videos

from the thin-skinned-much? dept

What is it with cable news channels for being thinskinned the second some bloggers start posting criticism? Earlier this year, Fox News used the DMCA to take down videos that were being used in commentary, and then sought to force the site to waive its fair use rights for future video usage. So, that give liberals a chance to laugh at "conservative" Fox news... but don't laugh too hard, because now there's the flipside. The "liberal" CNN has filed a DMCA notice to have video taken down that was being used by a conservative blog for commentary purposes -- again, almost certainly fair use. Also, it sounds like some of the video footage that CNN demanded be taken down wasn't even filmed by CNN, suggesting they don't hold the copyright on it. Either way, it's quite silly for either news station to file such a notice. In both cases it was clear that the sites in question weren't trying to use the video to "compete" unfairly, but to offer criticism and commentary. The fact that both news channels went the DMCA takedown route, makes it clear that they were simply trying to shut up critics. And, of course, in both cases, it backfired, bringing more attention to the stories (and just how thinskinned) cable news networks appear to be... no matter where they might sit on the political spectrum.

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  1. identicon
    Hulser, 20 Apr 2009 @ 10:10am

    Re:

    For the tenth time, I don't think either Fox or CNN are trying to contain criticism, I think they're getting uppity about someone using their content, same as the RIAA.

    So, you honestly believe that CNN feels that including a one minute twenty second video of CNN footage in the context of political commentary is not fair use? Because this is the only way that your statement makes any sense. For this to be true, CNN would have to have a fundamental misunderstanding of what fair use is. I'm not sure what's worse, that you (based on your statement) think that CNN is dangerously ignorant of what fair use is or what Mike thinks, that CNN knows what fair use is, but chooses to ignore it and abuse the DMCA. Niether looks good for CNN.

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