Fixing DMCA takedown problems through shaming, legal reform

by Erik Larson | October 21, 2008 at 12:52 pm

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Big media have been using DMCA to force YouTube to take down protected speech, affecting individual's protected speech and the public's right to know. McCain has objected to this practice, which has affected both campaigns, and here Arstechnica comments on open letters just released by EFF and Public Citizen. EFF calls on CBS, CBN, Fox and NBC to voluntarily stop abusing DMCA, Public Citizen goes further and calls on both candidates to support DMCA reform by requiring intellectual property owners to give notice before takedown, publish takedown notices on the web so they can be linked to, and prove infringement in court

In the wake of the McCain campaign's letter protesting DMCA takedowns of its YouTube material, the "open letters" have come fast and furious. First came YouTube's response to the suggestion that it investigate all takedowns directed against US presidential campaign accounts (and only US presidential campaign accounts) before taking action: no.

Today brings two more letters, one each from the Electronic Frontier Foundation and Public Citizen, both offering solutions of their own. DMCA reform is the name of the game, but, in the interim, shaming the broadcasters into not issuing the takedowns works as an alternative.