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

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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...

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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?"

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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

 
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Sleaker@Conster - sand?09/19/2014 - 11:40pm
Krono@Andrew That page of the comments seems to be a bit messed up. It's the one by Titanium Dragon, posted at 2:22 pm.09/19/2014 - 11:37pm
E. Zachary KnightI myself had a Twitter exchange with a gamergate person that frankly soured me on a personal level to the group. I want absolutely nothing to do with it.09/19/2014 - 11:35pm
E. Zachary KnightAnd frankly, that is the kind of tyrade that has a lot of us not wanting anything to do with the gamergate crowd. They take any comment, no matter how innocuous, and blow it out of proportion.09/19/2014 - 11:34pm
E. Zachary KnightI assume you are referring to the comment in response to the web developer, in which the person goes off on a tyrade about "colluding against clients." That guy totally misread the web developers statements.09/19/2014 - 11:33pm
Andrew EisenAre you sure you linked the right comment?09/19/2014 - 11:31pm
KronoBeyond that, I would recommend this Ars Technica comment as a good highlight of the ethical problems people are seeing http://goo.gl/qq8fes09/19/2014 - 11:27pm
Andrew EisenAnd he didn't go through with it because he realized it was a bad idea so there was no breach of ethics in that case.09/19/2014 - 11:26pm
Krono@Andrew To respond to your early remark about where the lack of ethics was, part of it was what Kyle Orland suggested in his article. Crossing the line from reporter to advocate. Journalists aren't supposed to support a side the way they discussed.09/19/2014 - 11:18pm
Andrew EisenOkay, I'm drawing the line here. The Shout box is not for discussing other people's private lives.09/19/2014 - 10:54pm
Neo_DrKefkaI wish there was an, "I don't care." for the whole Minecraft poll thing09/19/2014 - 9:27pm
TechnogeekMy third "dart" wound up hitting a Chinese website for soccer scores, and the fourth hit Pokemon.com. Not one of those had anything to do with white guys getting harassed because they're white guys.09/19/2014 - 8:56pm
TechnogeekFor the record, I actually tried "throwing a dart at the Internet", or at least approximating it as best I could by zooming in at random spots on internet-map.net. First hit was a perfume seller, and then some sort of insurance spammer.09/19/2014 - 8:56pm
Technogeek"While you could throw a dart at the internet and find a site where Gamers in General are being harassed, doxxed, hacked, just because they are being perceived as white males." http://www.youtube.com/watch?v=FopyRHHlt3M09/19/2014 - 8:47pm
Andrew EisenSarkeesian and Quinn continue to get harassed and attacked (with the majority of said harassment and attacks being about their gender) and so, the story stays in the headlines. If Wolfe gets swatted again, it will be in the news again.09/19/2014 - 6:56pm
Andrew EisenYou mean Wesley Wolfe? The swatting appeared to be over his DMCA takedown, not due to his color or gender.09/19/2014 - 6:53pm
ConsterSo Sleaker, what's the sand like?09/19/2014 - 6:53pm
quiknkold@CraigR. Spreading Misandry is not going to kill Misogyny. Its just going to fuel it. half the people supporting that arguement are mysoginists themselves. They just dont know it.09/19/2014 - 6:51pm
Sleaker@CraigR - there's nothing to get over. There's no issue here until someone does an actual study on harassment rates.09/19/2014 - 6:48pm
quiknkoldWe never said Gamers were the only victims. Yes, Anita and Zoe got a bad rap. Yes, Zoe's ex was way out of line. Do I disagree with them? Depends on the arguement. Did they deserve what happened to them? Hell Effing No.09/19/2014 - 6:48pm
 

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