[Wired] YouTube to McCain: You Made Your DMCA Bed, Lie in It

YouTube on Tuesday rebuffed a request from John McCain's presidential campaign to examine fair-use issues more carefully before yanking campaign videos in response to DMCA takedown notices.

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The McCain campaign on Monday fired off a letter to YouTube complaining that the company had acted too quickly to take down McCain's videos in response to copyright infringement notices. McCain campaign general counsel Trevor Potter argued that several of the removed ads, which had used excerpts of television footage, fall under the four-factor doctrine of fair-use, and shouldn't have been removed.

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"We look forward to working with Senator (or President) McCain on ways to combat abuse of the DMCA takedown process on YouTube, including by way of example, strengthening the fair-use doctrine, so that intermediaries like us can rely on this important doctrine with a measure of business certainty."

http://blog.wired.com/27bstroke6/2008/10/youtube-to-mcca.html