McCain: "I'm Not So Hot On That DMCA Thingy Afterall"

After voting for the DMCA (Digital MillenniumCopyright Act) in 1998, it seems that John McCain is feeling the pain of his own actions. Through a few provisions that the DMCA provided for, rights holders have the ability to demand websites pull down content simply by sending a letter to the website saying the content violates some copyright. This tactic has been used regularly on YouTube by various T.V. networks in an effort to force people to use the network's video site, rather than YouTube, so that the T.V. network can sell advertising and try to make money from online video.

The McCain campaign has fallen victim to this provision multiple times throughout this campaign. CBS and Fox have both sent DMCA Takedown Notices to YouTube for McCain videos that the networks say illegally uses their copyrighted material. In the CBS instance, McCain's camp used clips from a Katie Kouric interview without authorization, and the Fox video involved clips from a Fox debate. YouTube complied with the Takedown Notices and pulled the ads from their site, and as is typical, did not warn the McCain campaign or give them an opportunity to appeal before the takedown.

McCain's team, as they are apt to do, is crying wrong-doing, and claiming that the ads were taken down unfairly. After all, the clips used clearly fall into the "Fair Use" category, right? Well, possibly, if legislators had ever bothered to clarify the definition of Fair Use, but that's a whole different story. The McCain camp has also called for special treatment of political ads on YouTube, because politicians do not already get enough special rights and privileges.

I find it highly appropriate that someone who has supported the DMCA and has failed to act upon any forward-thinking tech legislation should be subjected to the fallacies of the DMCA. Maybe if he understood modern technology policy, he would have known better, but he's much more comfortable point fingers and complaining that he isn't being treated fair than he is to take action and make things fair for everyone.

And just for good measure, it does appear that many in the tech world have thrown their support behind Obama.