Latest Bogus DMCA Takedown Sent By NPR?
from the you'd-think-they-know-better dept
You wouldn't normally associate NPR with sending bogus DMCA takedowns, but via the EFF we learn that NPR has sent a DMCA takedown to YouTube over a commercial that uses a clip from NPR. The commercial is from a group that opposes same-sex marriage, so there's likely a political angle here. NPR claims that it issued the takedown to "protect NPR's valuable reputation as a trusted and unbiased source of news," but that's not how copyright works. This is quite similar to when CBS tried to stop the McCain campaign from using a snippet of a broadcast in an ad. In both cases it seems that the use is a clear situation of fair use, with the content not being used for commercial reasons (yes, we'd like to believe that politics still isn't commercial) and only a snippet was being used.
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Considering that political people are giving themselves exemption to spam and other things (see net neutrality bill, etc), I can see the slippery slope but I don't know If the current political climate should be dmca exempt for example.
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Not how it works
I hear a lot of talk here about how the content industries ignore that piracy exists in the solutions they present, but why is it then perfectly acceptable to ignore the reality of the abuses of our court systems and how it's used and repeat the line "it was intended to promote the progress".
Sure it was intended differently, but that's not how it works now, and this is just another fine example of the reality of our entitlement society.
So why not present arguments/solutions that accept that reality?
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Re: Not how it works
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Re: Re: Not how it works
That may have been their intention, but the laws are now being abused in order to hinder that purpose.
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true balanced journalism went out the window years ago.
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Based upon your claim, I doubt you see the entire spectrum.
I would mostly agree if the word very was removed.
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And, as usual...
DMCA needs to die a horrible death, quickly.
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Re: And, as usual...
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NPR is clearly in the wrong here. I don't support the message of the commercial at all (and the clip they used was selected to be as shocking as possible), but it seems clearly fair use, in the copyright sense, to me.
Of course, the dirty little secret of NPR is that they aren't as left-wing as everyone (both supporters and opponents) like to think. (They never were, really, but are less so now than ever.) They have been entirely coopted by major corporations over the past several years and are now simply another corporate mouthpiece like the other mainstream news outlets.
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Perhaps they simply did not want the clip to be used for that purpose.
"""
Well, too damn bad. You don't get to send DMCA take-down notices just because you don't like something, or you don't like its context, or you don't like the way it was used, etc. But too many companies DO send DMCA take-downs for just these reasons, and for most providers it is less hassle to just take "x" down, regardless of the true basis of the claims.
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Non Commercial is irrelevant
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Re: Non Commercial is irrelevant
In the US it is relevant because it is part of determining fair use under the four factor test:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
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Publicly Owned
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Re: Publicly Owned
NPR is paid for with our tax dollars.
"""
[CITATION NEEDED]
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Re: Publicly Owned
About 2% of NPR's budget comes from grants from the Corporation for Public Broadcasting, which is the entity formed by the Public Broadcasting Act.
98% of NPR's budget comes from donations from the public, corporate sponsors, and the fees NPR charges individual stations to carrying their programs.
At the station level, most of the money comes from donations from the public and a substantial portion comes from businesses, usually local to the broadcast area.
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Re: Publicly Owned
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Non-Commercial Use /= Fair Use
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ResellerRatings.com bogus DMCA
You can still view the google cached version here.
http://74.125.155.132/search?q=cache:BuDQWkmWCssJ:www.complaintsboard.com/complaints/resell erratingscom-c94794.html%3Fsort%3Ddated+complaints+board+resellerratings&cd=1&hl=en&ct=c lnk&gl=us&client=firefox-a
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