Incredible. Fox goes after John McCain’s campaign to cease and desist use of a clip from the last debate that has the Fox logo on it.
It would be shocking enough for Fox to go after a citizen who put this online — and we should all fight for that citizen’s right to do so. It’s all the more shocking that Fox is going after a presidential candidate. It’s triply shocking that Fox is going after Republican McCain.
This precisely why we have been fighting for the networks to assure that they would make debate footage available to all of us. When I spoke with FoxNews about their policy in May, they said they would abide by fair comment and use. Well, as Stanford’s Lawrence Lessig has pointed out often, this is the problem with fair use: you can argue about it (and have to hire attorneys to do so).
McCain, to his credit, is telling Fox to shove it.
But one way to solve this is for all the candidates to pledge that they will not appear on any network’s debate unless that network frees the footage for all candidates and citizens. It is, after all, our election.
The AP reports:
In the ad, McCain is shown at the debate saying: “A few days ago, Senator Clinton tried to spend $1 million on the Woodstock concert museum.”
“Now my friends, I wasn’t there. I’m sure it was a cultural and pharmaceutical event,” he says. “I was tied up at the time.” It was a referance to the 5 1/2 years McCain spent in a North Vietnamese prison.
The Fox News logo is in the corner of the ad.
But Fox News bars candidates from using debate clips in ads, and officials there sent a cease and desist letter to McCain. McCain rejected the request, arguing that he is within the law’s “fair use” rights to use an 18-second clip of a 90-minute debate.
Here’s the commercial. Take that, Fox:
(Had the wrong commercial up before; corrected now.)
(Crossposted from Prezvid, where there’s lots of interesting stuff lately.)