• Adrian Lopez

    I’ll repeat what I said in your previous post:

    McCain is a senator. If he doesn’t like what YouTube has to do to comply with the DMCA at a reasonable cost then he should work to amend the law so that it doesn’t lend itself to abusive copyright claims.

  • Paul Thompson

    I find a fundamental flaw in YouTube’s response. But first, let me state I’m a registered Independent voter that will be voting for Barack Obama on Nov. 4. Take that into consideration when reading my further comments.

    McCain’s General Counsel called upon YouTube to consider the political ramifications of its policies around this issue. They asked that YouTube take exception to cases involving political content in an effort to uphold fair use principles. Whether you agree with that or not isn’t the issue. The issue is in YouTube’s response, and how it fits into the context of a global political landscape (and economy), rather than a domestic one.

    YouTube claims that it cannot fairly allow for its subjective discretion about what is and isn’t important to its users. I agree with that claim. However, therein lies the caveat: YouTube, like many large media companies (if we can call it that) has significant financial interests abroad. It is that very fact that prevents YouTube from truly serving Americans as, in my opinion, it should (considering the majority of its USERS, not viewers, are in the U.S.). I agree its principles are in line with fair use worldwide, but what about fair use in America? Is the McCain camp’s request truly outrageous if YouTube’s sole interest were that of the American political discourse?

    Obviously, I don’t put particular blame on YouTube, but on the system itself. I do believe YouTube, as well as every media conglomerate with exponential influence on the American political discourse, owes it to Americans to treat the Election and the fair use doctrine with the highest priority. If it is incapable of fulfilling that, then, in my opinion, it’s letting down its American users, and more broadly, American voters.

  • jezra

    Youtube received a valid take down notice from a copyright owner who believes their copyright is being violated, and, in accordance with the DMCA, Youtube removed the offending video. The uploaders of the video believe that the takedown notice was sent in bad faith and are claiming that they, the uploaders, are within their right to use someone elses copyrighted material under the flag of fair-use. If this is the case, then instead of sending a letter asking for special permission to the site that removed content according to the law, the uploader should be filing a counter notice, in accordance with the law, and then the uploader and the copyright holder can have a nice discussion about copyright and fair-use in front of a judge.

    However, since I don’t particularly see Political Campaign VS. Main Stream Media Outlet being in the courts anytime soon, I would suggest that the uploader use their first amendment right to petition their government for redress of grievence with the intended outcome of either deliniated exaclty what constitutes fair-use or of changing the DMCA.

  • Rasmaestro

    @ Thompson:

    So, what you are essentially saying is that a system that does not give special status to American values, is not worthy of operating in America. Moreover, the base of active users should be the key factor in determining this status. What status would you give an American company with a majority of French users, then?

    How creative and self-absorbed…I don’t think many internet aficionados or fair use advocates can agree with that line of reasoning.

  • http://www.parantar.com/ Parantar

    info: youtube is a product of google company

  • Mark Baker

    I’m very happy to see political campaigns using all methods possible to get their message out to voters, and even happier to see them encountering the flaws in the DMCA system that they created. By experiencing those flaws they will hopefully have a better perspective on them when they come to change them in the future.

    @ Paul Thompson

    Whilst I applaud your voting decision, I do find your assertion that YouTube has more American ‘users’ than worldwide users to be a large assumption, that is quite offensive to those of us who are not American. What Americans need to realise is that there is a world outside of America and we don’t consider America to be the center of the universe. In short, “get over yourselves”.

  • Nelson Cruz

    A Senator that voted for the DMCA now complains about its rules and abuses. Oh the irony…

    Maybe next time he will think twice about the IP laws he votes for!

  • Paul Thompson

    @ Rasmaestro
    Are you saying what YouTube is doing is in the best interest of openness or Internet advocates? Are you saying removing “flagged” content without a proper and timely legal investigation is somehow supportive of fair use principles? If so, then we fundamentally disagree on this issue. YouTube, since its sale to Google, is part of a multinational conglomerate, most of which are the antitheses of openness and fair use.

    @ Baker
    I’m not in denial about how Americans are perceived throughout the rest of the world. I, for one, do not consider myself your typical consumption-driven American, but rather an advocate for more governmental transparency and less corporate conglomeration. I obviously take issue fundamentally with McCain on a lot of issues, which is why I will not be voting for him come Nov. 4. And in this particular instance, I don’t believe YouTube is at fault, per se. But I do believe the McCain camp’s request is a valid one, and should be given more consideration than it appears YouTube has given it. When we live in a world where information is completely controlled by fewer and few companies, I expect more from companies like YouTube (and Google), which, in my opinion, has been more progressive when it comes to issues of openness and Network Neutrality. But in this example, it appears to me they’re more interested in profit and controlling content (albeit in favor of the candidate I support) then they are in fair use principles.

  • RRivas

    America Wake UP!!!! All the signs are there, very clear for everyone to see. I lived under communism during the first 12 years of my life. This guy Barack Hussein Obama is a a certified communist. Unfortunately the Democratic Party is so desperate that they have gone to the far left. It is extremely dangerous to have all of our branches of government so far to the left. Don’t say nobody warned you. This guy Obama is going to send this country directly to hell. He is already planning to have middle school, high school, and college kids doing voluntary work. And also he is planning to have a Citizens National Security Force with equal funding to the regular armed forces? What that hell is this? What is that going to be like? The new Gestapo or the communist system of neighborhood surveillance called the Committee for the Defense of the Revolution? Redistribution of wealth? You are kidding me I’m going to be supporting all the freaking lazy bums that don’t work in this country and are just waiting for the massive handouts. I don’t know about the rest of you, but I’ll be buying plenty of weapons and ammunition for the next civil war in the U.S. God Help Us and God save this country from such tragedy.

  • rudster

    I’m in ireland and the last post from RRivas is the type of zenophobic paranoia that has many Europeans laughing at the Amercians. Its pretty clear that Mr. Obama is NOT a communist, its pretty clear he has the very best interests of the Amercian people at heart. When he talks of redistributing the wealth he means to look at those who can offord to pay more then the average Joe (the plummer). He is not advocating that those with the most wealth should give it up so that the lazy ones can draw benefit. And by the way You already have the New Gestapo thanks to that VERY VERY stupid man called George W. Bush. Its called the Home land Security act which gives the government unprecidented powers over what their own citizens. Bet he had a buddy who benefited from that one. Anyway waste of time talking to the ill informed – and as i said i’m from Ireland