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

Fri, Nov 8th 2013 7:39pm — Mike Masnick

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

56 Comments

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S. T. Stone, 8 Nov 2013 @ 7:46pm

Ahem. �Legilsature�?
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Nigel (profile), 8 Nov 2013 @ 8:17pm

Wow... what a hateful douchebag. I am in CO. Let the chiding commence lol... off to craft an email to this homophobic whack job.
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Anonymous Coward, 8 Nov 2013 @ 8:18pm

politicans lie
politicians lie, so repeated perjury sounds like an excellent qualification for the legislature. and it's nice to have clear evidence that gay-hate trumps that whole "false witness" thing for this chaplain.
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Anonymous Coward, 8 Nov 2013 @ 8:34pm

Either way, this appears to be another case where copyright claims are being used to censor content that someone doesn't like.

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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James Burkhardt (profile), 8 Nov 2013 @ 8:46pm

Re:
How is that misuse of trademark law? Its the American indian equivalent of Nigger. Its a clear example of why the law is written the way it is, to prevent the perpetuation of hurtful epithats being protected by law.
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Richard (profile), 8 Nov 2013 @ 8:49pm

"All war is deception." - Sun Tzu
Since the RWW had taunted Dr. Chaps about his lack of web-savvy ( http://www.rightwingwatch.org/content/lesson-dr-chaps-how-internet-works ), the "brag" article on Dr. C's win ( http://www.christiannewswire.com/news/5739873137.html ) includes the close:

"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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Anonymous Coward, 8 Nov 2013 @ 8:51pm

Re:
yes, because using copyright laws and tools to takedown critical and revealing commentary is exactly equivalent to applying actual trademark law to prevent exactly what the law was intended to prevent.
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James Burkhardt (profile), 8 Nov 2013 @ 8:56pm

Re:
Moreover, how is it censorship? He can still USE the name. he just can't prevent other people from using it as well.
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Hibby the Hoovy (profile), 8 Nov 2013 @ 10:52pm

Re: Re:
I think your comment misfired. This thread is about a would-be Colorado politician abusing copyright law to silence his critics.
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Hibby the Hoovy (profile), 8 Nov 2013 @ 10:53pm

Re: Re: Re:
Ack. I forgot to read the post above.
Sorry.

*slinks off*
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jupiterkansas (profile), 9 Nov 2013 @ 12:06am

Re: Re:
Yes, it's the exact opposite of censorship. It's saying "You can't monopolize this word. You must let everyone use it."
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Anonymous Coward, 9 Nov 2013 @ 12:47am

Re:
average_joe just loathes it when due process is enforced.
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That One Guy (profile), 9 Nov 2013 @ 1:04am

Re: "All war is deception." - Sun Tzu
I love how people like that use phrases about how terrible 'pride' is, and how it will inevitably bring about the downfall of the overly proud person, yet they never seem to realize that they might be a more accurate target of the saying than the one they are aiming it at...
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PaulT (profile), 9 Nov 2013 @ 1:29am

Re: Re:
Certain ACs have the habit of redefining the English and legal languages to mean whatever's convenient to attack people with at any moment in time. Don't ask for a stable definition, because you won't get it.
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PaulT (profile), 9 Nov 2013 @ 1:31am

Re:
"misuse"

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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Anonymous Coward, 9 Nov 2013 @ 2:16am

Re: Re:
Using a dictionary would be research and fair use, and average_joe can't stand fair use.
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Immersive, 9 Nov 2013 @ 2:59am

Copy...write!
Extrapolating... If we assume that Oxford Dictionary is published under copyright, does that mean they can now 'take down' any published work they don't like?
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tor, 9 Nov 2013 @ 3:37am

it's pretty disappointing that the onus or burden of proof rests with the channel that makes videos (in this case the RWW). i like that statement 'extraordinary claims require extraordinary proof'; whereas in this instance no proof was offered! just opinion and being offended. youtube/google should institute a more even/just arbitration method for when 'copyright' claims like this need to be enforced.
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Anonymous Coward, 9 Nov 2013 @ 4:52am

I am a racist I hate the race of dumb politicians that populate Washington.
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The Real Michael, 9 Nov 2013 @ 5:08am

Re: Re: "All war is deception." - Sun Tzu
Imagine how other countries feel when America boasts as being the best in the world at everything. What does such action accomplish besides inflate people's egos?
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Anonymous Coward, 9 Nov 2013 @ 6:09am

Look! Look! and there it goes DOWN!
Free speech is down!
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Anonymous Coward, 9 Nov 2013 @ 6:23am

"Hopefully YouTube acts quickly to restore RWW's account."

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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Anonymous Coward, 9 Nov 2013 @ 6:25am

Gordon Klingenschmitt does not know what plagiarism means. I can not knowingly vote for someone who does not have a basic command of his native language.

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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Anonymous Coward, 9 Nov 2013 @ 6:38am

I must have missed something because I did not find any reference to the use of the DMCA.
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Anonymous Coward, 9 Nov 2013 @ 7:36am

Re:
Really? So what you're saying is this would have gone down in a similar fashion had the DMCA not been passed?
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Anonymous Coward, 9 Nov 2013 @ 7:49am

Progressives it's fun to poke a stick in their metaphoric eye now and then.
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Anonymous Coward, 9 Nov 2013 @ 8:43am

Re:
I was unaware that fair use was a progressive issue. I realize that the political spectrum has been dragged to the right, but this is rather silly. Imagine the horror and outrage expressed by fox and friends when they are told they can no longer quote their opponents statements without approval of same. I would be quite humorous actually.
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gorehound (profile), 9 Nov 2013 @ 8:59am

It is very obvious and transparent to any intelligent thinker:
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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James Burkhardt (profile), 9 Nov 2013 @ 10:02am

Re:
DMCA likely wasn't mentioned because the cource doesn't specificly cite that is was a takedown. The source specifically cites they used Youtube's "Copyright Claims System", which has grown in response to repeated whining on the part of Rightsholders that youtube wasn't doing enough.
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Anonymous Coward, 9 Nov 2013 @ 11:34am

It'd be neat to see a kickstarter or something to get these videos aired as commercials in this guy's district.
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Anonymous Coward, 9 Nov 2013 @ 1:05pm

What makes him think he David, He's an ass he is goliath.
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The retired E (profile), 9 Nov 2013 @ 1:12pm

He is not Daniel, He has joined the group of goliath's
I would never vote for him.
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Outsider's View, 9 Nov 2013 @ 7:53pm

Politician be politician
It doesn't matter what kind of stripe your politicians wear, whether they be republican or democrat, they are of the same stripe. Self-serving, arrogant, one-eyed, pwer-hungry misfits.

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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Anonymous Coward, 10 Nov 2013 @ 7:30am

Re: Politician be politician
It is easy to point out similarities, but to claim everyone is the same is obviously wrong. Politicians are short on truth and need to finance campaigns, this is a given. To throw up your arms and proclaim it does matter who is in office because they all (insert pet peeve) is rather childish. There are politicians who attempt to represent their constituents, there are politicians who are self serving and then there are those politicians with an agenda that is not in the best interests of their constituents. One would think politicians who state during the campaign that they will work against the best interests of their constituents would not attain office, but through gerrymandering and disenfranchisement it is accomplished.

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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Anonymous, 10 Nov 2013 @ 7:39am

Re:
Sounds like you're bigoted against bigots. That makes you the very thing you seem to hate.
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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Anonymous Coward, 10 Nov 2013 @ 7:52am

Re: Re:
Not the "makes no difference" mantra again.

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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Anonymous Coward, 10 Nov 2013 @ 8:17am

Re:
" they're pretty standard crazy YouTube comments, not serious death threats."

Uh, no.
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Anonymous Coward, 10 Nov 2013 @ 11:20am

YouTube is a fucking joke thanks to Google. NO DUE PROCESS nothing
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Anonymous Coward, 10 Nov 2013 @ 12:54pm

Re:
Yes, it is all Google's fault - those basturds

Has nothing what so ever to do with legislation, laws, court proceedings or anything like that.
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Outsider's View, 10 Nov 2013 @ 2:16pm

Re: Re: Politician be politician
You really did miss the point about politician, didn't you. There are people who actually represent their electorate who aren't politicians, go figure.

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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PopeRatzo (profile), 10 Nov 2013 @ 2:55pm

Re: Re:
This story has absolutely nothing to do with "legislation, laws, court proceedings or anything like that".

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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That One Guy (profile), 10 Nov 2013 @ 5:23pm

Re: Re: Re:
To a degree yes, but Google isn't the only one to blame here, youtube's copyright complaint system was put in place under threat of fines or laws being passed to make them responsible for what was being posted.

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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PaulT (profile), 11 Nov 2013 @ 1:43am

Re: Re: Re:
"It may not make a difference with the items listed"

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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Anonymous Coward, 11 Nov 2013 @ 4:59am

Re: Re: Re: Re:
Indeed.

Obamacare started out as a GOP idea. But yes - it does make a difference, quite large in fact.
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Anonymous Coward, 11 Nov 2013 @ 5:05am

Re: Re: Re: Politician be politician
What, exactly did I miss? Perhaps you could be more concise and to the point.

Dog whistle politics is fun - yeah?

"responsibility in the negative instead of the positive"

wtf are you going on about?
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Anonymous Coward, 11 Nov 2013 @ 5:11am

Re: Re: Re:
Oh - I was not aware your comment was strictly limited to the contents of this post/story. My bad.

"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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Anonymous Coward, 11 Nov 2013 @ 6:17am

Possible solution?
Get confederate to make disparaging comments about you in the commentary section of three of Klingenschmitt's own YouTube videos. You complain to YouTube three times. Three strikes, Klingenschmitt's account taken down.
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Rowan Hawthorn, 11 Nov 2013 @ 9:52am

Same Old Shit, Different "Social Media"...
It appears that most of the "Social Networking" sites - Facebook, YouTube, whatever - have either been infiltrated by the Rabid Right Wing or they've been intimidated to the point that they're afraid to buck the TeaPubliKKKlan Hate Party's homegrown terrorists. Professional trolls pretty much have carte blanche to behave however they want, while posters who stand up to them consistently get the ban-hammer applied.
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jupiterkansas (profile), 11 Nov 2013 @ 10:35am

Re:
They're not a race. They're a species. Closely related to rats.
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BernardoVerda (profile), 11 Nov 2013 @ 4:11pm

Why cast slurs upon rats...
... on account of how some scuzzy humans in a scuzzy social system behave?

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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That One Guy (profile), 11 Nov 2013 @ 11:58pm

Re: Re:
Oiy, there's no need to insult rats like that, comparing politicians to them. Honestly, what have rats ever done to you to deserve such treatment?
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btr1701 (profile), 12 Nov 2013 @ 12:18pm

Re: Re:
> How is that misuse of trademark law?

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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Outsider's View, 13 Nov 2013 @ 5:03am

Re: Re: Re: Re: Politician be politician
If I really have to explain what a politician is - oh boy!!!

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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Alan, 14 Nov 2013 @ 7:07am

Re: Re: Re: Re: Re: Politician be politician
Preaching =/= Teaching
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goldwind, 23 Dec 2013 @ 9:38pm

Response to: gorehound on Nov 9th, 2013 @ 8:59am
And yet, the democrats don't seem to be doing much good, either (cough, cough, obamacare, cough, cough)
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goldwind, 23 Dec 2013 @ 9:42pm

Re: Politician be politician
Uh, so you're saying we should all become conformist noobs with no individuality? Yeahhhhhhh, count me out. And, the U.S doesnt have a parliment. We're bicameral.
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