Hitler Videos Won't Be Safe Anywhere - Macleans.ca
 

Hitler Videos Won’t Be Safe Anywhere


 

You may have heard the news that the Harper government is leaning toward enacting copyright legislation modeled on the U.S.’s Digital Millennium Copyright Act. That’s the wondrous law that got all those Hitler videos pulled from YouTube as soon as the copyright owner said “boo” to YouTube’s management. [Update: Or not. See this comment.] (The people who made these videos can, in theory, challenge the removal by arguing that the videos represent a new creative work that treats the same material. In practice, of course, they can’t challenge it; most people don’t have time to argue legal points against the representatives of a company in another country.) Soon there may be no country where Hitler is safe. But I’m intrigued by one question that was brought up in the comments to this BoingBoing post: if we copy the DMCA, shouldn’t the U.S. sue us for copyright infringement?

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Hitler Videos Won’t Be Safe Anywhere

  1. Point of order: the Downfall parodies didn't get DMCA'd, but were taken out by Google's own system for IDing copyrighted material.
    http://openvideoalliance.org/2010/04/hitler-downf

    Now it doesn't mean that the videos COULDN'T HAVE been DMCA'd, but I'd argue that this is as much an issue of the powers of the Googlopoly over one of the Earth's biggest distributor of video content as it is an issue of copyright law.

  2. "If we copy the DMCA, shouldn't the U.S. sue us for copyright infringement"

    If we copy the DCMA, then STUPIDITY is our biggest problem.

    Geee, let's find a piece of copyright legislation that is pretty universally reviled, and frequently cited as the prime example of how to get copyright legislation horribly, HORRIBLY wrong, and copy it! What could possibly go wrong?

  3. DMCA. A desperate attempt to preserve the old paradigm.

    They're livin' in the past, man!

  4. Point of order: the Downfall parodies didn't get DMCA'd, but were taken out by Google's own system for IDing copyrighted material.
    http://openvideoalliance.org/2010/04/hitler-downf

    Now it doesn't mean that the videos COULDN'T HAVE been DMCA'd, but I'd argue that this is as much an issue of the powers of the Googlopoly over one of the Earth's biggest distributor of video content as it is an issue of copyright law.

  5. From the CBC link, it's being suggested that the Bill will remove the ability for schools and educational institutions to make use of Fair Dealing.

    I trust the CPC is proposing a 50% increase to the educational transfer they provide to the provinces to make up for the extra costs? After all, aren't they the ones who are all about the children?

  6. This is one of the few issues that is able to move my vote or cause me to seriously rethink my opinion of parties or at least some politicians. If the bill is as reported, then the government and any opposition parties that vote with the government on this bill will not be seeing a vote from me next election and likely not for a long while after (Clement has gained my respect for his stance on this, though).

    When I buy something, I'd like to be able to use it like I actually own it, instead of having to treat it as if the manufacturer or media company has just licensed it to me (which is what this bill will likely propose). It is ludicrous that anyone should find this acceptable.

  7. This will be the ultimate litmus test of who wins in our government – the people or corporate interests. I sadly know who I'd bet on.

  8. I doubt very much a good copyright defence exists for recaptioning a Hitler video. They are pretty obviously using a substantial part of the original. Even with a free lawyer I wouldn't fight that case.

    • Parody

      • It's up in the air whether you could make it out, and in Canada it's never been a recognized defence.

  9. If we copy the States, does that mean I will finally be able to watch video on hulu?