Uri Geller’s YouTube takedown — pdf
Those of us who grew up in the 1970s probably remember a popular psychic named Uri Geller, who was always on TV back then, bending spoons with his brain, correctly guessing the content of people’s doodles and generally blowing the audience’s mind. But who could have guessed that his powers would eventually warp free speech and copyright law in the 21st century?
[...] Using the DMCA, aggressive litigants like Geller and such copyright-hoarding companies as Viacom and Disney can simply make your work disappear if they do not like what you have to say, something that was much more difficult in the pre-digital world.
[...] These “copy fights” are first and foremost a free-speech issue. Sadly, many intellectual-property owners and lawyers see it purely as an economic concern. Another problem is that websites often faint at the sound of threatening language in legal nastygrams. It’s safer to cave to spurious demands than risk lawsuits from brand-name bullies or obsessives such as Geller.
If YouTube is our new public sphere, we are in trouble, at least when it comes to free speech. YouTube’s parent company, Google, is more concerned with its bottom line than anything else, whether it’s copyright censorship in the U.S. or political censorship in China.
But all is not hopeless. The DMCA contains a legal tool for resisting unreasonable copyright claims — the “counter-notice.” [...]
[...] As our culture increasingly becomes fenced off, it’s all the more important for us to be able to comment publicly on the images, ideas and words that saturate us on a daily basis without worrying about an expensive, if meritless, lawsuit. If we don’t defend ourselves, we’ll be complicit in letting our freedom erode. By standing up for fair use and against overreaching copyright claims, we can create havens for expression in the age of intellectual property.