Monday, April 20, 2009

'Founding Bloggers' writes 'open letter' to CNN; asks network to withdraw DMCA notice

Founding Bloggers, the conservative site that has its video critique of CNN reporter Susan Roesgen removed from YouTube following a DMCA takedown notice, has written an "open letter" to the network, asking that the DMCA notice be withdrawn:

Dear CNN,

We at Founding Bloggers are somewhat bemused by your recent conduct. We are also incredulous, irritated, and amused – in short, our reaction is complicated. We note, with some bemusement, that your main competitors have all aired the controversial Susan Roesgen segment with abandon, and that, moreover, dozens of other YouTube stations continue, to this very moment, to air this same segment without any evidence of your having objected in any way. We regret, with some incredulity, your self-serving, if not entirely convenient, interpretation of the First Amendment. We suspect, with some irritation, that your inconsistent application of copyright theory is informed by two factors: 1) that you are aware that your main competitors, i.e., MSNBC and FOX, have teams of salaried attorneys to vigorously defend their right to fair use, a case for which might very easily be made, and that, by way of contrast, you are also aware that Founding Bloggers has comparatively meager resources at its disposal and is ill-equipped to mount such a vigorous defense; 2) that you were substantially alarmed by the frequency at which our video was being viewed – internationally. In short, we suspect that you are harassing us because our product was popular, because we are small, and because you can. We conclude, with some amusement, that your conduct tends to lend validity to the least flattering stereotypes associated with your organization. We live in the era of the internet – it is not so easy to silence people these days, as you will discover. In the final analysis, you will have become the butt of your own joke.

Should you prefer to avoid this fate, we will, of course, welcome the return of our production to its rightful spot – and the 3000+ viewer generated comment-opinions, both in support and in opposition, regarding it. Alternatively, should you prefer to continue on your current course of intimidation and censorship, we will endeavor to counter your actions.

In short, withdraw your fraudulent DMCA claim against our production, and instruct You Tube to restore the clip.

Most Sincerely,
Your Founding Bloggers
www.foundingbloggers.com

No word yet on whether Founding Bloggers will file a formal DMCA counternotice.

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