YouTube uses DCMA to squelch equal time

Both of the Senators who are running for President voted for the the ultimate passage of the Digital Millennium Copyright Act. If the supreme court were to hear the case, I believe that it would determine that the act that violates constitutional principles of free use. Oddly enough, candidate McCain may end up agreeing with me. The big media that is clearly in the tank for candidate Obama has applied the law to squelch political ads for McCain, while I can find no record for the same standard being applied to candidate Obama.

In a letter (PDF) sent to YouTube CEO Chad Hurley and company attorneys on Monday, the campaign charges that “our advertisements or Web videos have been the subject of DMCA takedown notices regarding uses that are clearly privileged under the fair use doctrine.” The DMCA is, of course, the 1998 Digital Millennium Copyright Act that allows copyright holders to submit takedown notices.

The letter cited “numerous” examples, without listing them. One would likely be CBS News’ successful DMCA takedown request to YouTube over the McCain campaign’s lipstick-on-a-pig ad. It used a brief video clip featuring CBS News anchor Katie Couric to make a point about sexism. (Disclaimer: CNET is published by CBS Networks, home of CBS News.)

There is a valuable lesson every legsilator must learn. Endless reams of legal mumbo jumbo that are passed as “laws” frequently have uninteded consequences. While the Youtube “progressives” and big media adn big media preach tolerance and inclusion, they reserve that right only for themsleves and those who agree with them. The DMCA has given them another tool to squelch real tolerance in inclusion when they see fit. This may very well determine the results of the election.