Truth Frequency Radio
Nov 10, 2013

dr-chaps-Gordon-Klingenschmitt-youtube-strikes-copyright-claim-fraudulent-silence-opposition-debate-truth-frequency-radio-chris-geo-sheree-geo-alternative-media-news-informationby Mike Masnick, Techdirt

While there are still copyright maximalists out there who insist that copyright can’t be used for censorship, it looks like we’ve got yet another example, and it’s a crazy one. Gordon Klingenschmitt, a former Navy chaplain, who is running for the Colorado legislature on what appears to be the extreme “I hate gay people” ticket, has been able to kill off the YouTube account of Right Wing Watch, a group that (as you may have guessed) highlights and mocks extreme comments from “right wing” politicians. Over the last few months, they’ve been posting a few of Klingenschmitt’s (who goes by “Dr. Chaps”) wackier statements, including video clips of him making those statements. This is pretty clear fair use, but Klingenschmitt started using YouTube’s copyright claim system to take down the videos.

In part, he argues that the videos are infringing (actually, he argues “plagiarism” which is different than copyright infringing, and the videos are actually neither), but he also focuses on the YouTube comments on those videos. Klingenschmitt claimed that the YouTube comments amounted to “death threats” from RWW’s followers — though, they’re pretty standard crazy YouTube comments, not serious death threats. Also, since the comments are not made by RWW, but viewers on YouTube, RWW is not liable for them. However, he kept sending takedowns, and eventually YouTube terminated RWW’s account, arguing that it was their third strike.

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