This source linked is only McCain - Palin’s initial correspondence to YouTube. YouTube’s response can be viewed here:
This letter by the McCain campaign expresses former presidential candidate’s displeasure with YouTube over questionable infringement claims made by the national news media. After the campaign created advertisements using well known video clips from national media sources and uploaded them to YouTube, news organizations like CBS sent YouTube DMCA takedown notices for hosting videos that they believed infringed on their copyright. Central to their claim was the fact that they did not want their videos and personalities to be seen as endorsing one candidate or another. YouTube promptly removed the videos, which drew the ire of the McCain campaign. Even though YouTube was properly following DMCA protocol, McCain lamented that the process would take too long to be resolved (between 10 and 14 days), and asserted that YouTube should make a fair use judgment itself before removing the video. McCain asked for special treatment, allowing for videos uploading by the official candidates’ campaigns to be looked at differently when receiving takedown notices. In YouTube’s response, the video host declined these requests claiming that it was simply following the procedure laid out in the DMCA to protect its safe harbor status, and that they could not discriminate between uploaders. A McCain representative asserted that the DMCA does not necessarily define with what specific speed a host must comply with a takedown notice, and responding automatically is not mandated.
This situation provides one of the central examples I will use in my paper. McCain’s difficulties with the intricacies of the DMCA provide a high profile example of how certain provisions can be abused. It is particularly valuable because even though the correspondence is between the McCain campaign and YouTube, both organizations are effectively complaining about the takedown and notice process, albeit to different degrees. Even as YouTube says it is simply following protocol, it criticizes those who abuse the takedown process. Meanwhile, the McCain campaign reiterates the problems many see in the lack of timely recourse alleged infringers have in the process.