Earlier this week, general counsel for the Zahavah Levine responded rather quickly—in Lawyer-time—and came just short of reminding Potter that McCain was partially responsible for the DMCA, and recently voted to give “abusive” copyright holders even more power. Instead, Levine wrote:
No number of lawyers could possibly determine with a reasonable level of certainty whether all the videos for which we receive disputed takedown notices qualify as fair use. More importantly, YouTube does not possess the requisite information about the content in user-uploaded videos to make a determination as to whether a particular takedown notice includes a valid claim of infringement. . . .Moreover, while we agree with you that the U.S. Presidential election-related content is invaluable and worthy of the highest level of protection, there is a lot of other content on our global site that our users around the world find to be equally important, including, by way of example only, political campaigns from around the globe at all levels of government, human rights movements, and other important voices. We try to be careful not to favor one category of content on our site over others…
Levine then suggested Senator (or President) McCain had the power to strengthen fair use and combat DMCA abuse.
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