DMCA Takedown Notice Leveled Against Ohio Congressional Race Ad 130
Ponca City, We Love You writes "EFF reports that after Ohio Congressman John Kasich put out a commercial featuring a man dressed as a steelworker discussing Governor Ted Strickland's record, Strickland's campaign folks apparently realized that the 'steelworker' was really a paid actor, and put together their own video, mixing in clips of some of the actor's other work to make fun of Kasich. Now the DMCA has been used to send a takedown demand to YouTube that it remove Stricrkland's video for at least 10 days because it uses short clips from the actor's movies." The video has since been restored, some of the reasons for which are listed below.
"First, the political video's use is transformative because it provides evidence that the supposed steelworker was actually a paid actor and as the Supreme Court explains, transformative works 'lie at the heart of the fair use doctrine's guarantee of breathing space within the confines of copyright.' Second, the political ad only uses a few seconds of the original film, so a fair use is particularly justifiable when it uses the minimum necessary to make its point. 'What's troubling, yet again, is that this form of political speech has been removed from YouTube in the heat of an election battle,' writes Mike Masnick on Techdirt. 'Even if the takedown was not political, it's clearly a case of copyright law being used to stifle political speech.'"
R & D please? (Score:5, Funny)
Can we get an "R" and "D" next to each candidates name? That way I'll know if I should be up in arms at this vile abuse of the DMCA or giddy with excitement that it was wielded this way. ;-)
Re:Countersuit possible in theory. (Score:5, Funny)
No, that should be pretty simple.
"Your Honor, Defendant's misrepresentation caused me to lose an election for the US Senate. This has cost me a Senate seat; as damages I would like Defendant to sign over to me one of its paid-for senators."
Re:R & D please? (Score:3, Funny)
Sure, here you go.
Strickland - RD
Kasich - RD
Re:R & D please? (Score:2, Funny)
No, you probably don't.
"We have a bill to fix the contacting process for fixing potholes, which used to be automatically awarded to the mayor's brother's company. This bill will greatly reduce our costs and improve the quality of our roads." "No! I'm a universal obstructionist!"
"We have a bill to remove an obsolete ban on interracial marriage from the books. It will finally bring out jurisdiction in line with the 20th century, and end a boycott that's been hampering our tourist industry." "No! I'm a universal obstructionist!"
"We have a bill to decriminalize all consensual crimes." "No! I'm a universal obstructionist!"
Re:Countersuit possible in theory. (Score:4, Funny)
No, that should be pretty simple.
"Your Honor, Defendant's misrepresentation caused me to lose an election for the US Senate. This has cost me a Senate seat; as damages I would like Defendant to sign over to me one of its paid-for senators."
That's what I call "an Aye for an Aye".
Re:Must be nice being a senator... (Score:3, Funny)
Unfortunately, I couldn't find a real Joe Sixpack to comment on the issue, so I payed this unemployed liberal arts major to pretend to be one instead...