Candidate For Colorado Legislature Proudly Abuses YouTube's Copyright Complaint System To Kill Account Of Activists Who Mocked Him
from the probably-best-not-to-celebrate-your-abuse-of-the-process dept
While there are still copyright maximalists out there who insist that copyright can't be used for censorship, it looks like we've got yet another example, and it's a crazy one. Gordon Klingenschmitt, a former Navy chaplain, who is running for the Colorado legislature on what appears to be the extreme "I hate gay people" ticket, has been able to kill off the YouTube account of Right Wing Watch, a group that (as you may have guessed) highlights and mocks extreme comments from "right wing" politicians. Over the last few months, they've been posting a few of Klingenschmitt's (who goes by "Dr. Chaps") wackier statements, including video clips of him making those statements. This is pretty clear fair use, but Klingenschmitt started using YouTube's copyright claim system to take down the videos.In part, he argues that the videos are infringing (actually, he argues "plagiarism" which is different than copyright infringing, and the videos are actually neither), but he also focuses on the YouTube comments on those videos. Klingenschmitt claimed that the YouTube comments amounted to "death threats" from RWW's followers -- though, they're pretty standard crazy YouTube comments, not serious death threats. Also, since the comments are not made by RWW, but viewers on YouTube, RWW is not liable for them. However, he kept sending takedowns, and eventually YouTube terminated RWW's account, arguing that it was their third strike.
In response to this abuse of YouTube's takedown policy, Klingenschmitt released a press release congratulating himself, saying "David takes down Goliath." Tim Murphy, from Mother Jones, asked Klingenschmitt if he felt he should be held similarly responsible for the YouTube comments on his own videos, and Klingenschmitt said that if the user is alerted to comments and don't take action, they become responsible, which is actually not what the law says.
Either way, this appears to be another case where copyright claims are being used to censor content that someone doesn't like. And, given that it's in the context of a political campaign for office, that's especially concerning. Stifling criticism of a political candidate by abusing the law should be seen as a huge problem. Hopefully YouTube acts quickly to restore RWW's account. Whether you agree with RWW or not, hopefully you can agree that (1) they should be allowed to post fair use video and criticize politicians they disagree with and (2) they should not be held accountable for comments made by YouTube viewers.
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Filed Under: censorship, colorado, copyright, criticism, fair use, gordon klingenschmitt, politics, takedowns
Companies: right wing watch, youtube
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politicans lie
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You'd better check in over in Minionville. One of your sock puppets is advocating the misuse of trademark law to censor a name he doesn't like.
http://www.techdirt.com/articles/20131106/09330225148/how-trademark-law-can-finally-kill-dan-snyders -racist-dreamworld.shtml
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Sorry.
*slinks off*
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Well, the purpose of trademark is to prevent the confusion of similar names in commerce. Not to regulate 'hate speech' or keep companies form offending people.
So yes, it does seem like this is a case where people who don't like the Redskins name to use trademark law to extort the company into doing something they can't otherwise legally force them to do.
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Is it possible for you to just post a link to the bizarro world dictionary you guys are using? You can't get the definitions of this many words so completely wrong without drawing from somewhere, surely?
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"All war is deception." - Sun Tzu
"The Bible says pride comes before destruction. That's a lesson for them [RWW], in how the internet works."
They've got a point. Lying to Google/YouTube works and is still consequence-free (unless you actually believe in the implications for your immortal soul of bearing false witness *OR* the subterfuge gets onto the radar of some heathen hacktivist group).
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Re: "All war is deception." - Sun Tzu
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Copy...write!
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Free speech is down!
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Actually, I hope they DON'T act quickly to restore RWW's account so RWW along with EFF and ACLU can file suit to get the whole d*** DMCA overturned on First Amendment grounds!
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Uh, no.
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He also does not understand fair use. In a representative form of government, how can anyone say that such a person represents their views?
I doubt this guy makes it past the primary.
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Each week we see News from many sources and we see this:
REpublicans make bigoted remarks and show their inner bigoted feelings
Democrats show how they accept others and care about other people
VOTE THE REPUBLICAN BEJESUS BIGOT PARTY OUT !
Screw the Bigot People !
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Hope you're enjoying Obama and his forced Obamacare, his continuation of war, the NSA scandal, and our continuing loss of freedom.
Maybe one day you'll wake up and realize that Republican or Democrat makes no difference.
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It may not make a difference with the items listed, but it does make a difference elsewhere. Anyone who claims otherwise is blowing smoke you yer ass.
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Isn't one of the items listed a healthcare reform that was so opposed by one "side" that they shut down the entire government in an attempt to stop it from being enacted? "No difference", indeed...
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Obamacare started out as a GOP idea. But yes - it does make a difference, quite large in fact.
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Response to: gorehound on Nov 9th, 2013 @ 8:59am
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I would never vote for him.
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Politician be politician
Your republicans are no different to your democrats, they serve their masters which is not the electorate. There appears to be very few in your upper and lower houses of parliament that are actually concerned with the good of your nation. The last few presidents you have had are a good indicator of how far you, as a nation, have fallen.
This site highlights how bad and bigoted the democrat and the republican representatives are on the whole.
Society today is more concerned about pleasure (which includes doing what you want when you want - so it covers the spectrum from radical left to radical right) than with responsibility. There are many different life styles out there which are the choice of the participants (including LGBT, Westboro Baptist, ghetto gangs, etc) and all are screaming to treated the same as anyone else. They are focussed on their rights and plaesures and basically have forgotten that society is in a mess.
A broad historical perspective shows what societies are like when they are growing and when they are decaying and it becomes fairly obvious that when self-pleasure in all its manifestations comes to the fore, the society is on the way out. This applies from the highest to the lowest in a society, from governmental structures to the basic citizenry.
The writing is on the wall right now and most cannot even see it.
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Re: Politician be politician
There are no houses of parliament in us, there is congress which is comprised of the house of representatives and the senate.
Society today ... that topic is one of the most used bitchy editorial pieces ever, only second to the ones about how the younger generation is doomed because (insert pet peeve).
Preaching about responsibility is great for sociopaths because not only do they get their rocks off on it but they see themselves as doing everyone a favor while doing it. It is telling that you have included a group that is discriminated against with a group that discriminates as though they were equal some how. I'm sure that society will always be a mess, in your mind, until everyone starts living the way you feel is correct.
Archeology, sociology and history do not support your broad claim that the downfall of society can be attributed to one aspect of human nature alone. Apparently things are a bit more complex than that - go figure.
Some writings on walls is rather good commentary, others see it as graffiti because it offends them.
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I know you have a congress, you miss the subtle point about parliament - think deeply about the word and you'll understand.
Strangely, you have appear to have taken responsibility in the negative instead of the positive. Archaeology, sociology and history appear to give rise to the idea that the fall of societies is rather complex and different for each society but step back and look and it is about that one aspect of human nature. Not seeing the forest for the trees.
And I really do like you last line.
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Dog whistle politics is fun - yeah?
"responsibility in the negative instead of the positive"
wtf are you going on about?
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Parliament - talk, talk, talk, talk, talk.
"responsibility in the negative instead of the positive"
"Preaching about responsibility is great for sociopaths because not only do they get their rocks off on it but they see themselves as doing everyone a favor while doing it."
Associating teaching people to be responsible for their own actions and the consequences that they bring with sociopaths is a negative.
It doesn't matter who you are, there is always someone will will find your opinions and actions offensive because they believe in the diametrically opposite of what you believe.
Society is a mess, it always has been. There is also sections who go out of their way to try and improve the lot of those around them, just as there are sections who couldn't give a rat's about anyone outside their group or themselves.
Do I have solutions for all ills - no, but I do recognise that some things are destructive to society as a whole.
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Re: Politician be politician
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Has nothing what so ever to do with legislation, laws, court proceedings or anything like that.
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This was a decision made by Google, nothing else. There was no lawsuit or court proceeding that this Rev Klingenschmitt could have brought that would not have been summarily dismissed by the first judge who got within 3 feet of it.
It is entirely Google's fault for not looking into these false claims of copyright infringement and simply shutting down an account of someone who has done nothing wrong.
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At the same time, if Google had been willing to spend even a fraction of their insane profits defending their users and youtube, we might have had a case by now that would have extinguished the idiotic idea of 'secondary liability' altogether, so I'd say the blame is fairly well split.
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"This was a decision made by Google, nothing else."
I wonder what drives decision making at the corporate level ... hmmm - any guesses? I'm sure crazy weighs lawyer any day of the week. Amirite?
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Possible solution?
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Same Old Shit, Different "Social Media"...
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Why cast slurs upon rats...
We humans are the ones who set up this system -- and we're the ones who are, collectively, responsible for it working so poorly.
The much maligned rats, on the other hand, have yet to even nominate one of their own for political office...
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