Comments on: McCain/Palin to YouTube: Get real http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/ Blog, news, books Tue, 10 Oct 2017 06:01:00 +0000 hourly 1 http://wordpress.org/?v=3.8.2 By: Dan W Rykard http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3863 Wed, 29 Oct 2008 08:56:24 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3863 mcCain needs to take off the gloves and this nice guy act and get tough on Obama’s past and what he wants to do when he is elected President, With Obama as President and Pelosi and Reid and the rest of the Democrat party, this nation as we know it the U.S.A. will become a Sociologist country.
May God Bless
Walter Louisiana

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By: YouTube Master http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3862 Mon, 27 Oct 2008 11:58:54 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3862 don’t get me wrong, i love the youtube community and everything it has done in recent years, but i really think the bias is getting out of hand. i would hate to see censorship and political agendas ruin such an awesome communication medium.

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By: Will http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3861 Sat, 25 Oct 2008 20:58:03 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3861 The only way this can be fixed is if YouTube is not forced to comply with take-down notices until there is proof of infringement.

The DMCA is causing a LOT of trouble, and solving very few actual problems. If content owners can’t be satisfied with an “innocent until proven guilty” procedure, even if some real criminals slip through the cracks, then I can’t quite bring myself to have much sympathy for them.

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By: Dan http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3860 Thu, 23 Oct 2008 19:24:02 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3860 I know you’re used to preaching to the masses who were raised on the Napster “revolution” (aka socially sanctioned theft of other people’s property) who want any excuse to ignore intellectual property in general, but, come on, you need to get real. “Fair use” is not a license to use whatever you want. The DMCA doesn’t go far enough in protection copyrights. If anything YouTube isn’t proactive enough in taking down copyright violations. The idea that someone can just claim some political reason and then get an automatic loophole exception is insane. What YouTube needs to do is take things down on any report and only put them back up after the uploader has proven he has the right to use all the content. John McCain certainly has the resources to get right on that. Demanding that they shouldn’t have to bother to do that work is just idiotic.

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By: tyler k. rauman http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3859 Wed, 22 Oct 2008 16:12:24 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3859 You are part-joking right?
Obviously there should not be a two-tiered system for handling copyright claims. That would only make it harder to get rid of these bogus copyright laws in the first place.

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By: Reece http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3858 Wed, 22 Oct 2008 10:44:32 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3858 As a lot of others have said before me… I don’t think you should come out as whole-heartedly in favor of the this as you seem to be.

It is a first step to acknowledging there is a problem but the proposed solution is simply wrong.

“Google is complying with the DMCA as it is written, it is interfering with us, therefore Google need to make an exception for us”

What????

They are so nearly there and yet so very far away. I doubt Google will open themselves up to the innumerable lawsuits this could bring from both campaigns if they throw away their ‘safe harbor’ so I’m looking forward to the response which I hope will be some legalese form of:

“You enacted the law. If you don’t like it, repeal it”

Although I think that if anything were to happen it would be to change the law to enact this ridiculous exception rather than fix it for normal folks but we can always hope.

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By: Jim http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3857 Wed, 22 Oct 2008 03:05:32 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3857 McCain wants special treatment when the very Act that he voted “Aye” to causes him problems.

Sure, he has a fair use claim, as have many people that have posted videos on Youtube that have been taken down. The law may not have made requirements of automated processing, but how else is Google to comply without financial hardship on the number one video sharing site on the planet? If special consideration was made for videos of political content alone, the volume must still be staggering, especially during election season?

He should have to follow the provisions of the law that all those people had to follow and see how the provisions that he helped vote into law have had a chilling effect instead of asking for special favor.

Maybe, when he becomes President or goes back to the Senate, he can learn something from the experience and affect some change in the area of copyright policy.

in effect, is McCain not making the argument that he should not penalized by the law because he as a politician using the clips for his political gain is obviously not abusing fair use like others who are caught by these same compliance provisions to the DMCA.

How is that not a corruption of the law? I would honestly like to know. Isn’t the law supposed to be blindly applied?

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By: rob http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3856 Wed, 22 Oct 2008 03:03:56 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3856 I’m calling you out, Lawrence. Why do you think this is so great, specifically? Its admittedly thorough; it makes interesting points as to how limiting the law can be. But the request to make a special case for campaigns is particularly egregious. Surely you can’t support putting politicians above the law, which is clearly what is being requested.

Quick, reply in this forum before I regret supporting Creative Commons in the past and discontinue doing so in the future.

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By: Jim O'Hara http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3855 Wed, 22 Oct 2008 01:14:21 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3855 What ever happened to the old adage that you have to lie in the bed you’ve made? McCain supported the DMCA, but now that it affects him adversely, he wants special treatment? That hardly sounds democratic. Maybe this will make him think more about the unintended consequences of the bills he votes for. I hope youtube stands firm on their equal treatment of all DMCA takedown notices.

Jimbo

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By: Bill Moore http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3854 Tue, 21 Oct 2008 23:26:29 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3854 So, we should allow a two tiered system? One for politicians and one for ‘the rest of us’? Seems to me we should hold McCain to the same rules you and I live by, then, maybe, he’ll change the law to something more reasonable for all of us.

Yea.. and pigs will fly. This IS McCain, after all. But I can dream.

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By: Burton http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3853 Tue, 21 Oct 2008 22:26:02 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3853 All citizens are equal, but some are more equal than others.

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By: Drew E. Fenton, MD http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3852 Sun, 19 Oct 2008 08:45:52 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3852 Saran Palin is a disastrous and irresponsible choice by McCain as a VP candidate. It makes me very concerned about McCain’s judgement.

I am going with Obama/Biden…the responsibble choice.

A concerned Arizona Medical Doctor.

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By: Legislative Bull http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3851 Sun, 19 Oct 2008 02:34:45 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3851 Wow. If only McCain had some connections with those people who MAKE these stupid laws.

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By: Webster http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3850 Sat, 18 Oct 2008 21:39:36 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3850 “For one person’s perspective on how you can make a decision to support Obama AND vote for John McCain, see the YouTube video below:”

The problem with that one person’s perspective is his view about a war that started based on mis-information and lies. That McCain said he would STILL have started after all the facts came out.

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By: Kell http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3849 Fri, 17 Oct 2008 01:28:38 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3849 perhaps, if the Campaign followed the recommendations of the Center for Social Media this would not have come up. But for the campaign to ask for special treatment, is par for the course with those who believe themselves to be above the rest.

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By: Denver Gingerich http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3848 Thu, 16 Oct 2008 07:26:21 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3848 I believe that part of their argument for why YouTube should not fear a short period of inaction on DMCA notices is flawed. In footnote 1, the document states “[copyright holders] do not routinely register their live news broadcasts with the Copyright Office, and cannot obtain registration certificates within 10 days … Without such certificates in hand, they have no ability to file infringement actions”, which is followed by a court case reference and Patry blog reference. Based on what I understand of international copyright treaties, either the document is wrong or the USA has not fully implemented all of the treaties they have signed.

I am thinking primarily of the Berne Convention for the Protection of Literary and Artistic Works, which was first accepted by some countries in 1886 and came into effect on March 1, 1989, in the United States after the passing of the Berne Convention Implementation Act of 1988. The Berne Convention states in Article 5 Section 2 that “protection must not be conditional upon compliance with any formality” [1]. This is the principle of “automatic” protection [2]. It means that a work is automatically protected upon fixation (putting the work into a fixed form) regardless of whether the author has engaged in any formality, such as applying a copyright notice to the work or registering (or pre-registering) the work with a copyright office. Thus, if the news companies are recording their broadcasts, the broadcasts are automatically protected by copyright, according to the Berne Convention.

I would appreciate if someone with more background in copyright law could help resolve this issue. It seems to me like there is clearly a disconnect between what the Berne Convention says and what people are interpreting US copyright law to require.

1. http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P109_16834
2. http://www.wipo.int/treaties/en/ip/berne/summary_berne.html

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By: Chris http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3847 Thu, 16 Oct 2008 02:56:02 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3847 Seriously? Special treatment? This isn’t a fantastic letter, it’s an abomination. If Congress doesn’t suffer like the masses, why should they fix the problem? The letter recognizes there is a problem, but merely requests a sidestep instead of a real fix. This is ridiculous.

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By: William Byrd http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3846 Thu, 16 Oct 2008 01:02:39 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3846 McCain is getting exactly what he deserves. The idea we would give a politician, especially one who voted for this egregious amendment to the US copyright code, is laughable.

Good job John, now you shall reap what you sow.

If you’d like to see for yourself who voted for it:

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=105&session=2&vote=00137

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By: Neal Leininger http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3845 Wed, 15 Oct 2008 23:38:40 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3845 Welcome to what everyday Americans have to deal with John.

Why don’t you host your own videos and take on the Studios directly?

No, you’d rather seek special treatment, and let Google/YouTube do your heavy lifting.

Or better yet, why don’t you seek meaningful legislature that reverses the ill-concieved DMCA

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By: Christian http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3844 Wed, 15 Oct 2008 22:36:47 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3844 While I agree with the statements made by McCain’s legal council about the negative effects of the DMCA on free speech, I also agree with those who say that affording special rules for politicians is wrong. If McCain believes that the DMCA restricts free speech he is in a unique position to do something about it, and get the law changed. But giving McCain special treatment is the wrong solution, as others have mentioned, if you give politicians special treatment they stop caring about the problems of the rest of the population. The lack of universal health care in the US is a good example of that, the Senators and Representatives got a good publicly funded health plan themselves and thus haven’t bothered sorting out health care for the rest of the population for a long time.

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By: Steven Roussey http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3843 Wed, 15 Oct 2008 22:14:44 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3843 I don’t think that using other people’s copyrights without permission rises to the level of “chilling effects,” nor do politicians who pass a law deserve special rights when they could have easily written themselves in as an exemption in the first place. Unlike everyone else.

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By: Steve Baba http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3842 Wed, 15 Oct 2008 20:22:54 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3842 “The McCain campaign could just host the videos internally. Then when they got a DMCA notice they could say, “It’s fair use! Sit on it!”"

I the McCain campaign wants the publicty from being on YouTube.

This is a better argument for that baby dancing video in previous thread – just don’t post it on YouTube.

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By: Rich B http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3841 Wed, 15 Oct 2008 18:50:09 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3841 The McCain campaign could just host the videos internally. Then when they got a DMCA notice they could say, “It’s fair use! Sit on it!”

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By: Andrew http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3840 Wed, 15 Oct 2008 16:53:43 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3840 Bravo to the campaign? I fail to see it.

McCain (and presumably Obama) to YouTube: “The law we made really sucks, we want special exemptions!”

They wrote and passed a law almost exactly as they were paid to by the lobbyists, and now that they have to deal with it, they don’t like it.

Boo.

Fix the law.

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By: David http://www.lessig.org/2008/10/mccainpalin-to-youtube-get-rea/#comment-3839 Wed, 15 Oct 2008 11:30:23 +0000 http://lessig.org/blog/2008/10/mccainpalin_to_youtube_get_rea.html#comment-3839 Larry. I think it would be fantastic if you called up Senator McCain and offered to represent him in court. If a republican senator is on board with fair use all of a sudden, why not make the most of it?

-David

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