tag:blogger.com,1999:blog-5383512304639632735.post6663360189438059423..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: Founding Bloggers prevails over CNN as YouTube restores 'Tea Party' video critiqueBen Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5383512304639632735.post-44029365682272174002009-05-23T07:06:46.756-07:002009-05-23T07:06:46.756-07:00@DensityDuck. If they did start a 512(f) lawusuit...@DensityDuck. If they did start a 512(f) lawusuit, YouTube wouldn't be the defendant. CNN would be. YouTube may be subpoenaed to provide evidence, but I don't see why this should be an excuse for them to ignore the DMCA put-back requirement.themaskedanalysthttp://www.themaskedanalyst.com/noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-71708978731604547592009-05-22T08:33:46.243-07:002009-05-22T08:33:46.243-07:00I doubt that a lawsuit would be successful. Every...I doubt that a lawsuit would be successful. Everyone involved in this case was a private party; there's no public entity that needs to be compelled into a higher standard of behavior. And, while a great deal of outside pressure was clearly involved, you can't argue that YouTube _didn't_ follow its own stated rules.<br /><br />Indeed, by putting forth a lawsuit, you'd effectively be saying that every time YouTube re-posts something that was DMCA'ed, YT is declaring that the DMCA complainant is now vulnerable to a lawsuit! I could see YT becoming even less likely to repost material reported as infringing, simply to avoid getting involved in legal actions.DensityDucknoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-9083389323992317042009-05-22T07:36:26.685-07:002009-05-22T07:36:26.685-07:00I really don't feel it's my place to tell FB wheth...I really don't feel it's my place to tell FB whether they *should* sue. Being involved in a lawsuit can be a major hassle, and it would be a bit presumptuous of me to tell them they should take on that burden.<br /><br />That said, I believe FB's video is a clear example of fair use. Having a court say so would be a powerful deterrent to other copyright owners who may think they can suppress political speech by sending a DMCA notice without regard to whether the target is really infringing.Ben Sheffnerhttps://www.blogger.com/profile/06477793715765992689noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-38985195085869511072009-05-22T02:49:13.260-07:002009-05-22T02:49:13.260-07:00You have taken a very analytical approach to this ...You have taken a very analytical approach to this controversy. But the question beyond "We'll be watching" is: should Founding Bloggers sue CNN to create a precedent? As you've explained, they have a compelling case. If they choose to sue, it could shape internet political discourse for a generation and free bloggers to comment without fear of large media bullying. Do you encourage them to commit the resources to take a stand for free expression?Anonymousnoreply@blogger.com