For the last few weeks, Gordon Klingenschmitt has been trying to prevent Right Wing Watch from putting clips from his online TV show on Youtube to expose the ridiculous things he says by filing scores of frivolous copyright complaints. It looks like he has now lost that battle.
In early November, Klingenschmitt filed multiple claims against our account, resulting in our entire account being terminated by YouTube. We immediately filed counter-claims against all of Klingenschmitt’s complaints, asserting that our videos were protected by Fair Use and, two weeks later, after Klingenschmitt failed to pursue his bogus claims in court, our account was restored.
But just one day later, Klingenschmitt filed another series of false copyright claims against our account and got our account terminated once again. Just as before, we filed another round of counter-claims against all of his copyright notices and, late last week, our YouTube account was restored for the second time.Over the last month, we have been working with the Electronic Frontier Foundation and law firm of Hogan Lovells on how to respond to Klingenschmitt’s attacks on our YouTube account and our work.
As such, last week Klingenschmitt was mailed a cease and desist letter [PDF] on our behalf informing him about Fair Use and explicitly warning him that if he continues to file bogus copyright complaints against our YouTube account, legal action will be taken against him.
It’s inevitable that he loses. He has no legal claim at all. What RWW is doing is undeniably covered under Fair Use. What I don’t understand is why Youtube (Google) keeps letting it happen in the first place. After the first batch of fake copyright claims, it should no longer be automatic that the account be suspended when he makes a complaint.