Wednesday, October 15, 2008

McCain Not Happy With the DMCA

We know that DMCA takedown notices walk a fine line between benefit and burden. On the one hand, DMCA takedown notices allow intellectual property owners an easy, cost effective way to protect their intellectual property in this rapid cut and paste internet world. Also, it insulates internet service providers from vicarious copyright infringement claims - as long as they follow the proper statutory procedures. And that means innovation can happen much quicker online.

But experienced internet attorneys also understand the dark side of DMCA takedown notices. That is, overreaching, improper and often perjerous DMCA takedown notices. I've blogged here on multiple occasions regarding the frequent and flagrant abuse of the DMCA takedown procedure and the need for reform. The result of such internet law impropriety is the removal of non-infringing content or fair use content from websites such as Youtube.

It looks like John McCain notices and he doesn't want to play by ordinary may be feeling the sting of abusive and over-zealous DMCA takedownDMCA rules. McCain wants an exception to the normal statutory time frame isp's are afforded for review of alleged copyright infringement. McCain staffers have complained that pro-McCain material, promoting McCain's campaign is being improperly removed from Youtube. McCain contends the normal 10 day time frame shouldn't apply to him because of the time sensitive and urgent nature of a presidential campaign. Sorry John, no exceptions for you. Maybe now McCain will give some attention to DMCA revision when he goes back to work in the Senate in a few weeks.

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