Liberals in violation of US Copyright Act

The famous YouTube video with a close up shot of a the shipping label on the boxes “returned” to the PMO by Mark Holland and Marlene Jennings was taken down from the popular video hosting website after the user “liberalvideo” made a copyright claim. YouTube user “liberalvideo” is of course the Liberal OLO and their muscling of content critical to their party sets a chilling precedent in this country.

Of course, the video itself was based upon footage gathered by the Liberal Party from their original video. Since the claimant to the copyright was “liberalvideo”, we can assume that “liberalvideo” is in fact the Liberal OLO.

Anyway. The derivative video produced (with the shipping label) constitutes fair use of the material and may even be classified as a parody of the original. Point is, there is no copyright violation.

This may spell trouble for the Liberal Party as they are in violation of the US Copyright Act. Section 512(f) states:

512. Limitations on liability relating to material online

(f) Misrepresentations. – Any person who knowingly materially misrepresents under this section –

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Liberals have expressed to me that the removal of the video and copyright claim was shortsighted and “dumb”.

Martha’s parachute

Today, Liberal Party leader Stephane Dion handed Martha Hall Findlay the safe Liberal riding of Willowdale to replace retiring MP Jim Peterson. As I said in December, even though I disagree with her ideas, I was quite impressed with Findlay as a candidate for Liberal leader.

Saying this, I believe that she could have fought and won a contested nomination campaign and a competitive riding.

This is also good for the Tories and NDP because it removes a competitive candidate from the field.

Today, Dion said:

“Martha, through her tireless traveling of our great country, first as a leadership candidate and now in her role as Platform Outreach Chair for the Liberal Party, has come to represent Liberal renewal.”

It is unfortunate that Liberal renewal doesn’t include a departure from appointed candidates.

In fact, the Liberal democratic body in charge of holding a nomination contest abdicated its duty enthusiastically:

“Our riding association overwhelmingly passed a motion requesting that Mr. Dion appoint Martha as our candidate,” said Willowdale Federal Liberal Riding Association President Joanne Pratt.

It’s too bad she’s not challenging Stronach’s nomination in Newmarket-Aurora.

BREAKING – Grits to walk out

I’m hearing a rumour that the Liberals are going to walk out of Question Period today in protest of Stephen Harper’s reading of that Vancouver Sun article yesterday which cast a shadow on the reputation of Liberal MP Navdeep Bains.

If the House cannot function as it should in a democracy, how can we get a democratic solution the important issues surrounding this debate (Air India, Anti-terrorism act)?

The Grits should stay and debate. After all, I once heard that 15 minutes of time in the House of Commons costs taxpayers $75,000.

UPDATE: The rumour turned out to be untrue.

UPDATE: Well… not exactly. I’ve learned a bit more. The Grits were indeed going to walk out of Question Period. That is, however, until Stephen Harper came down the stairs, flanked by members of the Air India families and then scrummed with reporters (which is rare). Likely not wanting to offend the families (which would sit in the gallery during Question Period and hold a press conference at the National Press Theater to back Harper’s position on the Anti-Terrorism Act provisions) the Liberals in the opposition lobby filed into, and stayed, in the House for Question Period.