O’Reilly writer Andy Oram makes the case that the assertion President-elect Barack Obama’s victory is in large part due to his campaign’s effective use of the internet is an overstatement, to say the least.  Oram counters that when all is said and done, the mainstream media is what had the most significant impact on the elections.

I feel I have to temper the hype over how the Internet has changed elections. There’s no doubt that the Internet provides enormous potential, and that people have been using it in burgeoning numbers over the past four years to search for information, share ideas with friends, and form online coalitions. But several key observations show that the tipping point hasn’t arrived.

He goes on to give three points that illustrate why he feels this is the case:

1. Fund-raising proves the primacy of the mainstream media
2. Viral videos also prove the primacy of the mainstream media
3. Elections themselves have no Internet component

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A U.S. district judge got it right yesterday when he refused to dismiss a lawsuit against Universal, ruling that copyright holders should take into account fair use prior to issuing DMCA takedown notices. The dispute arose last year when a woman received a takedown notice over a YouTube video featuring a kid dancing to a Prince song owned by Universal.

Over at Ars, fellow TLFer Tim Lee has a good overview of the issue in which he explains how the various legal arguments played out. EFF, which represents the plaintiff in the case, offered several compelling reasons why ignoring fair use in a takedown notice might actually constitute “bad faith” under the DMCA.

As Cord discussed a few months ago, my employer, the Competitive Enterprise Institute, recently received a meritless takedown notice for a global warming ad we posted on YouTube which featured about seven seconds from a copyrighted video clip. Our use of a trivial portion of a copyrighted video was clearly both transformative and non-commercial, yet the content owner still deemed it worthwhile to send us a takedown notice.

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