CNN, MSNBC and Clinton's Copyright Claims on FREE Speech

The 5-minute video below is an interesting rant by a guy who streamed the Democratic debate last night, talking about political free speech. The link to the debate was here, but he says it may not be there tomorrow. (Manually move the timeline to the very beginning). Check out what he has to say about it...

A few notes below on things he mentions in this video...

The Telecommunications Act of 1996 (amending the Communications Act of 1934) was signed by President Bill Clinton, and was the first time that the Internet was included in broadcasting and spectrum allotment. (Which handed over political content to the major networks and cable companies.) That same year, Time Warner bought the Turner Broadcasting System (CNN).

Copyright claims to political speech (like political debates aired on CNN and/or streamed LIVE on YouTube), are sometimes imposed, even though the First Amendment of the U.S. Constitution is supposed to protect free speech — and political speech is supposed to be the most protected of all speech.

Note on "Fair Use": A legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders ... Some copyright owners claim infringement even in circumstances where the fair use defense would likely succeed, in hopes that the user will refrain from the use rather than spending resources in their defense. Strategic lawsuit against public participation (SLAPP) cases such as these—alleging copyright infringement, patent infringement, defamation, or libel—often come into conflict with the defendant's right to freedom of speech, and has
prompted some jurisdictions to pass anti-SLAPP legislation which raises the plaintiff's burdens and risk ... In response to perceived over-expansion of copyrights, several electronic civil liberties and free expression organizations began in the 1990s to add fair use cases to their dockets and concerns. These include the Electronic Frontier Foundation ("EFF"), the American Civil Liberties Union, the National Coalition Against Censorship, the American Library Association, numerous clinical programs at law schools, and others. The "Chilling Effects" archive was established
in 2002 as a coalition of several law school clinics and the EFF to document the use of cease and desist letters. Most recently, in 2006, Stanford University began an initiative called "The Fair Use Project" (FUP) to help fight lawsuits brought against them by large corporations.

In 2010, the Federal Communications Commission (FCC) issued rules under Section 706 of the Communications Act of 1934 that endorsed broad principles of net neutrality but stopped short of a blanket ban on paid priority. Complaints against ISPs, the rules clarified, were to be adjudicated on a case-by-case basis, with the presumption that any arrangement in which a website paid for premium service would violate the FCC’s new rules. After a legal challenge brought by Verizon in January 2014, the U.S. Court of Appeals for the D.C. Circuit overturned the rules, finding them to be tantamount to common carriage, which obligates carriers to furnish service to all comers at reasonable and nondiscriminatory rates.

May 21, 2013 This is probably of no consequence, and has no bearing on this post, but ... Hillary Clinton gave a speech to Verizon Communications, Inc. in Washington, DC for $225,000)

November 24, 2014 Mark Cuban has become one of the loudest voices against new so-called net neutrality regulations ... the Verizon decision (the January, 2014, court order that struck down the Federal Communication Commission's 2010 passage of net neutrality rules) has created an opportunity for the FCC to introduce more rule-making.

February 25, 2015 Hillary Clinton was the most precise in her policy position about whether the Federal Communications Commissions (FCC) should reclassify broadband providers under Title II of the Communications Act — a controversial move that puts Internet companies in the same category as more highly-regulated industries, like mobile phone companies and public utilities.

March 13, 2015 Five likely Republican presidential contenders have come out against net neutrality in no uncertain terms ... Cable and telecom companies, after all, oppose net neutrality and pour tens of millions of dollars every year on politicians’ campaign coffers, PACs and philanthropic projects and spend tens of millions more on lobbyists and letters and advertisements on the subject. To name one example, Comcast spent more on lobbying members of Congress in 2012 than any other company in the entire country (except Northrop Grumman, the defense contractor that makes the B-2 bomber). But those contributions go pretty equally to Republicans and Democrats, and there’s a counterbalance from tech companies such as Google, Amazon and Netflix that are spending gobs of money, sometimes on the same politicians ... The way the FCC’s new rules came out in the end was not most people’s first choice. Not Obama’s. Not Hillary Clinton’s. Not even Netflix CFO David Wells, whose company was instrumental in lobbying the FCC. That’s because the FCC’s new rules give the federal government much more power over the broadband industry than it really needs to effectively ensure net neutrality. For example, under these rules, the government could theoretically regulate how much Comcast or Verizon can charge you for an Internet connection. The FCC has promised not to use those those powers, but the idea that it could gives many Republicans the willies.

May 8, 2015 Obama at Nike headquarters, pushing the TPP trade deal.

May 21, 2015 While some lawmakers are leading the fight to stop the TPP trade deal — like U.S. Sens. Elizabeth Warren (D-Mass.) and Bernie Sanders (I-Vt.) — hundreds of tech companies are also coming out in opposition to the trade pact. The main concern these companies have is what it could mean for a free and open Internet, even after the FCC approved new net neutrality rules.

June 15, 2015 45 times Secretary Clinton pushed the TPP trade bill she now opposes.

March 1, 2016 The FCC ruled in favor of a free and open Internet in 2015, but the battle against that stance continues. Industry groups are appealing the FCC decision, in the hopes that they can delay or prevent the government from reclassifying broadband as a utility. President Obama was a strong advocate for net neutrality.

April 13, 2016 Bernie Sanders joins Verizon workers on picket line

April 13, 2016 Verizon CEO rips Sanders 'contemptible' views

April 13, 2016 Hillary Clinton joined striking Verizon workers' picket lines on Wednesday after Sanders was endorsed by New York City transit workers in his fight for union support that has largely gone to Clinton.

Copyright claims to political speech, even though the First Amendment of the U.S. Constitution protects free speech, and political speech is the most protected.

[1] The EU is listening – make your voice heard to prevent copyright from controlling public space and the way we share online. Source: Julia Reda 
https://juliareda.eu/2016/03/copyright-consultation/

[2] Commission considers ‘YouTube tax’ on streaming services. Source: Politico
http://www.politico.eu/article/commission-considers-levies-on-streaming-services/

[3] Fight over ‘Google tax’ brews ahead of autumn copyright proposal. Source: Euractiv
https://www.euractiv.com/section/digital/news/fight-over-google-tax-brews-ahead-of-autumn-copyright-proposal/

[4],[5] 10,000 Internet users demand to be heard. Your move, European Commission. Source: OpenMedia
https://openmedia.org/en/10000-internet-users-demand-be-heard-your-move-european-commission

[6] No to ancillary copyright for press publishers, say more than 80 Members of the European Parliament. Source: Julia Reda
https://juliareda.eu/2015/12/ancillary-copyright-open-letter/

[7] Ancillary copyright: group of press publishers write letter to the European Commission. Source: IFRRO
http://ifrro.org/content/ancillary-copyright-group-press-publishers-write-letter-european-commission