Discussion: Paper Demands Liberal Blog Pull Video Of Kasich's Awkward Inteview

Oh dear, another case of a newspaper not really getting how the whole inter-tube-net-device-thingy works. Being raised in the quaint age of movable type and carbon paper will do that.

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kasich looks like a dumb-ass, so please pull your factual report proving that he is indeed a dumb-ass!!

typical.

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Or perhaps the Ohio Democratic Party or the Dem Gov Assoc offers to assist with legal bills.
It’s worth it to the party-- to the citizenry of Ohio-- to offer $150k+ to defeat Kasich.

I mean hell-- if they make $150k ad buys-- they can ‘advertise this’.

jw1

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Too fucking bad. You don’t get a do-over for your shitty performance douchebag.

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It’ll be back.

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Kasich is going to win by 20 points…so it would be pointless

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Always the bullies. It must be genetic.

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Amazing what some organizations will do to protect politicians.

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I would think the ACLU would take it up. Or even an average defense attorney with a passion for 1st Amendment issues - or just an eye for a case that would be a media/political headspinner.

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To be fair, I really don’t know what I’d advise them as counsel without looking up case law, etc., but the statute itself seems fairly clear by my reading. Of course, that’s part of the whole point of case law…muddying up clear statutes.

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Money Talks. Democracy Walks.

The thing is that it doesn’t matter about the merits of “Fair Use.” With deep pockets, anyone can intimidate anyone by threatening to sue, at least long enough to suppress the video until it is too late.

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Will be interesting to see what the Plain Dealer’s own Connie Schultz (columnist and wife of Sen. Sherrod Brown) does with this.

Well, as rogu3ish points out, the article says they were using parts of the work – I don’t know how substantial those parts were. But even if it seemed to be a clear case of fair use, I agree with you that going up against a large media conglomerate in court when you are an independent blogger is not something you want to undertake lightly. When the other guy’s pockets are considerably deeper than yours, he has a clear advantage. He can manage to make it so expensive for you to defend the case that you lose even if you win.

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Unfortunately, the Ohio Democratic Party has once again blown the statewide elections! They refuse to source and provide decent liberal candidates to fill any office in the state. Yes, John Kasich is a freaking a-hole. Yes, he stinks.

But Democratic Governor candidate Ed Fitzgerald won’t even obey the law and get a driver’s license! He’s run the worst campaign in the history of Ohio. All Ohio Democratic Party officers should be fired and someone who actually cares about Democratic ideals should be put in charge. The Ohio Democratic Party is a joke.

Fire the bums!

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Well now TPM has a still from the interview up! This is rampant copyright infringement! Pirate Bay! Bittorrent! Napster! Stop all the downloadin’!

The Vanilla Dealer…

It’s been a while, but I used to do a fair amount of copyright work. And, unless there’s been some kind of great awakening since then, the Fair Use statute is a perfect example of a seemingly clear statute whose plain meaning has been read right out of it by judicial interpretation over decades. In large part, it’s the result of courts giving far too much deference to the musings of an eminent treatise writer (Mellville, and later his son, David Nimmer"). And the way it’s been interpreted in light of their extremely pro-content owner views is that snippets are okay if for one of the purposes enumerated in the statute, but the more substantive and less snippety the appropriation, the more likely it isn’t going to be held a fair use.

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The Plain Dealer is being really, really stupid here.

Now this interview will have some serious legs, which it did not before.

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I’m sure the Northeast Ohio “Media” Group would LOVE to know what you think about their attempted censorship:

https://www.neohiomediagroup.com/