BY NCViking:

Who’s running CNN now, Uncle Hugo?

That Founding Bloggers exposure video of protesters scolding CNN reporter Susan Roesgen has created quite a stir. We know this first hand as traffic to our post of the video has been in the stratosphere! This ugly reveal of CNN, and the biased liberal media in general for that matter, went viral as viewers watched in disgust and Conservatives watched with atonement.

So what did CNN do about it? Release a statement to explain or justify its reporters actions? Nope, it used its legal might to bully YouTube into taking the video down, apparently for copyright reasons. FB had used some of the CNN footage in their criticism video so I sort of figured that might happen. Then I caught this definition on the Copyrights & Campaigns website and realized they may have not had the right to do so …

CNN does own copyright in its own news footage and, as a general matter, has the right to demand its removal from YouTube. However, as to this particular video, I think Founding Bloggers has a very strong fair use defense. The purpose for Founding Bloggers’ posting of the CNN footage is crystal clear: to comment on and criticize CNN’s reporting on the “Tea Party.” Such a use is right in the heartland of the fair use doctrine; the statute specifically mentions “criticism, comment, [and] news reporting” as protected uses that are “not an infringement of copyright.” 17 U.S.C. § 107. To quickly run through the four fair use factors as they apply here: 1) the use is transformative (for critical comment); 2) the CNN footage is factual, not fictional, and was previously broadcast; 3) the amount used is small in relation to the whole CNN broadcast; and 4) any effect on the market is minuscule (and if fewer people watch CNN because this video causes them to think less of its coverage, that’s simply not cognizable harm). Many fair use cases are difficult, close calls–but, given the facts as I know them, this is an easy one.

So in other words, CNN was trying to cover up their embarrassment by blatantly abusing use of the DMCA. A supposed ‘news’ outlet was trying to cover up a ‘news’ story about itself. Nice. As if Roesgen’s biased, inaccurate, harassing report wasn’t bad enough, now they spiral down even further into illegitimacy by doing this. By the way, she just happens to be on vacation this week, how convenient. Here is Founding Bloggers response to CNN:

In short, we suspect that you are harassing us because our product was popular, because we are small, and because you can. We conclude, with some amusement, that your conduct tends to lend validity to the least flattering stereotypes associated with your organization. We live in the era of the internet – it is not so easy to silence people these days, as you will discover. In the final analysis, you will have become the butt of your own joke.

Should you prefer to avoid this fate, we will, of course, welcome the return of our production to its rightful spot – and the 3000+ viewer generated comment-opinions, both in support and in opposition, regarding it. Alternatively, should you prefer to continue on your current course of intimidation and censorship, we will endeavor to counter your actions.

In short, withdraw your fraudulent DMCA claim against our production, and instruct You Tube to restore the clip.

So, in unity with Founding Bloggers and at the suggestion of the blog Patterico’s Pontification …

I encourage every reader with a YouTube account to upload this video to YouTube. I encourage every blogger reading this to embed this same video to your own site.

We have to stop these thugs from reading fair use out of the law whenever they’re embarrassed.

Here’s the video again:

I just hope the CHAVEZ NEWS NETWORK doesn’t come after this copy too.

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