YouTube Removal Highlights Media Self-Censorship

jamie writes "On 'Larry King Live' Wednesday night, Bill Maher said many of 'the people who really run the underpinnings of the Republican Party are gay... Ken Mehlman, OK, there's one I think people have talked about. I don't think he's denied it.' When CNN re-aired the interview, the mention of Mehlman was edited out with no indication anything was missing. When a minute-long video of the original vs. censored clips was posted on YouTube, a DMCA takedown removed it (the original poster plans to resubmit a shorter clip he hopes will qualify as fair use — good luck, since the DMCA doesn't recognize fair use). Relatedly, the Washington Post today was caught silently editing its published stories to make them less informative. Unnamed GOP officials are also saying that Mehlman will step down from his post when his term ends in January."

Comments

DMCA confusion

[Spazmania]

a DMCA takedown removed it (the original poster plans to resubmit a shorter clip he hopes will qualify as fair use -- good luck, since the DMCA doesn't recognize fair use)

You're confusing two very different parts of the DMCA.

One part deals with circumvention of copy protection devices. That part does not recognize a fair use exemption. It doesn't apply here since the content was not copy-protected.

The other part deals with take-down notices. The way it works is:

Entity A posts some content to service C.
Entity B alleges that he is the copyright owner, that the content A posts infringes his copyright and that he wants C to remove it.
C removes it. C renders no opinion on this; he simply removes it as required by the DMCA.
A files a counter-notice with C that he believes the content does not infringe the copyright because of fair use or any other reason. The reason doesn't matter: having received the counter-notice, C is required to restore the content.
C then restores the content and provides B with the name and address of A (required in the counter-notice).
B then sues A under the old pre-DMCA copyright infringement laws.
A and B go to court.