Poor John McCain? . To his list of morning-of-November-5 regrets, add a footnote to his non-Mavericky participation in the Senate's unanimous passage of the DMCA. Ten years later, as major news networks vanished campaign videos containing brief, non-infringing excerpts of their broadcasts from the Youtube website, his General Counsel was left with no choice but to broadcast an eloquent beg. Zahavah Levine's response to Trevor Potter speaks for us all: "We hope that as a content uploader [surprise! hats come full circle,] have you have gained a sense of the challenges we face everyday ... We look forward to working with Senator (...) McCain? on ways to combat abuse of the DMCA takedown process."

Of course, Mr. Potter could only have found himself in this position because the news networks declined to indulge the letters he had probably already sent them. In those probably equally eloquent letters (of which we have no record, because he declined to publish them), he would have emphasized that there was neither an infringement of copyright nor a copyright that he could have infringed. To quote his YouTube? letter, the campaign videos at issue were "paradigmatic examples of fair use, in which all four of the statutory factors are strongly in our favor: 1) the sues are non-commercial and transformative; 2) they are factual, not fictional; 3) they are extremely brief; and 4) they have no conceivable effect on the market for the allegedly infringed works. See 17 U.S.C. [Section]

main problem was that his letter

his campaign found itself with no legal comeback and no choice to beg, -- AndrewGradman - 08 Nov 2008

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-- AndrewGradman - 18 Dec 2008