The Electronic Frontier Foundation has come out in support of the McCain camp's attempt to pressure YouTube to exempt campaign ads from takedown notices. 875 augmentin, The brunt of their complaint is two-fold: first, that they are limiting free speech on the internet, especially given that not all of the clips being taken down are in violation of copyright and may fall under fair use, and second, that even if the clips are restored to the site, it takes too long to do so.

Now, Augmentin 600 mg, we're all for free speech. Free speech is a wonderful, wonderful thing, augmentin for tooth abscess. But... Augmentin 825, [caption id="attachment_75" align="alignnone" width="259" caption="This photo, taken out of context, can be used to describe John McCain as an insane old fool, augmentin 800. Fair use?"][/caption]

In some of the cases the McCain camp mentioned, Buy cheap generic augmentin online, they are not protected by "Fair Use", and the McCain camp's general counsel, Trevor Potter, augmentin and birth control pills, needs to actually read the Fair Use guidelines. Augmentin for ear infections, In his letter to YouTube (warning: .pdf link), Potter states "The uses at issue are the inclusion of fewer than ten seconds..."

That the amount of material used, in an absolute sense, augmentin 875 mg price, is a common misconception of Fair Use. Buy cheap generic augmentin online, In fact, the Copyright Office states on their own website, "There is no specific number of words, augmentin 750 mg, lines, Augmentin for tooth abscess, or notes that may safely be taken without permission." The other claim made by the McCain camp, is that the uses are "Non-commercial and transformative," which would support its argument that the usage of the footage is fair use under the first criteria, augmentin 375, which examines "the purpose and character of the use."

At times, Augmentin 800, however, the uses have been transformative in a way that makes the usage exactly the opposite of fair use. Beyond the theory that the use is non-commercial, augmentin 625 duo, which, Augmentin for tooth infection, given that this is a campaign for the highest office in the land, is thoroughly debatable, the problem is, augmentin 750, especially in the Couric example, Augmentin for ear infection, that what is being transformed is the context and meaning of the clip. If a clip of Katie Couric was used that said, "The Obama campaign is launching sexist attacks against Sarah Palin", augmentin 825, then great, Augmentin 375 mg, throw it in the ad, call it fair use, and run it, augmentin xr 1000 mg. But, when the clip used intentionally misdirects the viewer into thinking that the above is true, even though the original segment does not, then the character of the use is flawed.

Finally, copyright holders need to be able to act first, ask questions later, when they believe their rights are being infringed, regardless of the fact that sometimes they are wrong, and sometimes they act in bad faith. The burden of proof should not be on the copyright holders, especially when there is a perfectly acceptable means of remedy if the claim is unfounded, because those most likely to suffer are the small content producers and artists who don't have the financial or legal resources to support their rights in a content "democracy".

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Tagged with: eff , electronic frontier foundation , fair use , john mccain , katie couric , obama , palin , trevor potter , youtube