via ANV:
McCain Denied by YouTube on Take-Down Notice Request
'We try to be careful not to favor one category of content on our site 
over others,' Google's rejection response stated.
By: Justin Bourne

Posted: 10/16/2008
SAN BRUNO, Calif. - The McCain presidential campaign has requested 
YouTube refine their take-down process due to the removal of several of 
his campaign videos, CNET News.com reported.

A letter was sent Wednesday to YouTube by the McCain campaign carping 
about videos that were removed, which the McCain camp maintains were 
well within the "fair use" of the copyrighted materials.
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"We fully understand that YouTube may receive too many videos, and too 
many take-down notices, to be able to conduct full fair-use review of 
all such notices," McCain's Campaign Counselor Trevor Potter wrote in a 
passage extracted from the letter by Wired.com. "But we believe it would 
consume few resources -- and provide enormous benefit -- for YouTube to 
commit a full legal review of all take-down notices on videos posted 
from accounts controlled by (at least) political candidates and campaigns."

Google and YouTube said they "Try to be careful not to favor one 
category of content on our site over others," adding that they prefer a 
fair user policy, "regardless of whether they are an individual, a large 
corporation or a candidate for public office." Additionally the search 
giant and its tube site noted that a counter-claim could be filed to 
restore the videos, or they could bring suit against the copyright 
holders themselves.

"The real problem here is individuals and entities that abuse the DMCA 
takedown process," YouTube's rejection explained. "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...


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