Kyle Mantyla's blog

Klingenschmitt Has No Intention Of Ceasing His War Against Our YouTube Account

As we reported yesterday, we have been engaged in a battle with "Dr. Chaps" Gordon Klingenschmitt for several weeks now, stemming from Klingenschmitt's mistaken belief that the videos we have been posting featuring excerpts from his television program are violations of his copyright. As a result, Klingenschmitt has filed multiple copyright claims against our YouTube account and succeeded in shutting it down on two separate occasions.

In both instances, we have filed counter-claims against each and every alleged violation and every one has been resolved in our favor, resulting in our account being restored and the strike against us being removed.

Fed up with his on-going campaign to hamper our work, our lawyers have sent Klingenschmitt a cease and desist letter explicitly warning him that if he continues to file bogus copyright complaints against our YouTube account, legal action will be taken against him.

But, according to an interview Klingenschmitt conducted with David Pakman yesterday, it doesn't appear as if he has any intention of ceasing his campaign to permanently shut down our YouTube account by relentlessly filing bogus copyright complaints against our videos.

Insisting that we are "stealing" his content and trying to pass it off as our own in an effort to make money, Klingenschmitt amazingly asserted that we have been filing a "false counter-claim knowingly infringing on my copyright" by responding to his bogus copyright claims and getting our videos restored on YouTube.

As such, Klingenschmitt states that he has been in contact with lawyers of his own who have allegedly recommended that he sue us, but that is not a course of action that he intends to pursue at this time, he said, though he does intend to continue to file copyright claims against our videos and have them removed from YouTube.

When Pakman pointed out that we cannot be expected to moderate the thousands of comments our videos receive on YouTube nor be held responsible for what anonymous users might post in those comments, Klingenschmitt insisted that we do, in fact, moderate the comments and have removed comments from people supporting him. He even claims to have screencaps that prove it, which is pretty amazing considering that that has never happened.

Pakman's interview with Klingenschmitt was very fair and even-handed, but we would like to address the hypothetical argument he raised that the videos we post to YouTube might not be protected by Fair Use since we are not adding any commentary or criticism.

The entire purpose of posting these brief video clips to YouTube is so that they can serve as the focus in blog posts written here on RightWingWatch where we provide commentary, context, and criticism. Each video uploaded to our YouTube account makes clear that the clip is being posted as part of our regular news reporting to highlight and expose the outrageous statements made by key figures in the right-wing movement and includes commentary on the statements highlighted in the video. As the most popular video sharing site, posting our clips to YouTube makes our reporting available to the broadest swatch of people so that it can easily be shared with other bloggers, activists, and media outlets. In addition, our videos also include a link to the relevant RightWingWatch blog post in which it is being used, which contains further commentary, context, and explanation. 

There can be no question that our video clips are used for an entirely different purpose (reporting and commentary) than Klingenschmitt's original purpose, which is to spread his radical, right-wing, anti-gay views and agenda, further making clear that our videos are protected by the doctrine of Fair Use. 

Rep. Mo Brooks Suggests Democrats Might Start A War In 2014 To Distract Voters From Obamacare

Rep. Mo Brooks (R-AL) appeared on "The Steve Malzberg Show" yesterday to reiterate his warning to all Americans not to use the federal government's healthcare website because of cyber-security problems and the risk of identity theft.

During the course of the discussion, Brooks was asked about the possibility of Congress reaching any sort of budget deal, to which Brooks responded by asserting that if one is not reached, it will be because the Democrats have intentionally orchestrated a government shutdown in an attempt to distract voters from "the calamity known as Obamacare" heading into the 2014 elections ... or maybe even started a war.

Brook declared that 2014 is "going to be a disaster and so the Democrats, they need a shutdown, they need something dramatic - perhaps a war - something that will deflect public attention from how bad this socialized medicine system is, this scheme that they have put forth":

Klingenschmitt Kindly Informs Us That He Recently Obtained A Concealed Carry Permit

Several months ago, "Dr. Chaps" Gordon Klingenschmitt took issue with this blog and the videos we had been posting on YouTube, accusing us of issuing death threats against him because of random comments posted by anonymous users on YouTube.

As we explained at the time, we neither read nor moderate the comments posted on YouTube and we have a disclaimer right on our YouTube page which states that "we in no way support or endorse comments written by third parties and are in no way responsible for them."

On today's "Pray In Jesus Name" program, Klingenschmitt was worrying that the recent implementation of the "nuclear option" in the Senate would result in President Obama packing the federal courts with anti-gun judges. That somehow morphed into a discussion of state laws regarding the right to carry a weapon, which bizarrely ended with "Dr. Chaps" warning this blog specifically that he recently obtained a concealed carry permit.

Declaring that he is a twenty year military veteran and was captain of the rifle team in high school, Klingenschmitt went on to inform us that he recently got a concealed carry permit, saying "so for those of you watching on RightWingWatch and issuing death threats against me, just know that if you come to my home and you threaten my wife, that I will defend myself and my wife."

On the bright side, he did also promise "to pray for your soul, I pray that you go to heaven":

Right Wing Round-Up - 12/9/13

Right Wing Leftovers - 12/9/13

  • E.W. Jackson will do what every failed Republican candidate does: launch a political action committee.
  • Richard Viguerie went to Israel and found some government minister who doesn't trust President Obama and apparently that is news or something.
  • The Sen. Ted Cruz coloring book is finally here!
  • Nice timing, Rep. Ted Yoho.
  • Finally, Bryan Fischer says that Ted Cruz's praise for Nelson Mandela has "raised more questions about Ted Cruz then probably anything he's done."

Fischer: Pot Should Be Illegal Because Its Use Violates Biblical Teaching

On his radio broadcast today, Bryan Fischer spent the better part of one segment railing against the dangers of marijuana and saying that it should never be legalized because it's use violates the teachings of the Bible.

Citing Paul's admonition in Ephesians 5:18 that believers should "not get drunk with wine, for that is debauchery, but be filled with the Spirit," Fisher said marijuana should be illegal because people "are not to be under control of anything except for the Holy Spirit."

This would, of course, also apply to alcohol, which Fischer presumably thinks ought to be illegal as well ... as should hypnosis, apparently, which Fischer also warned against.

"I'm primarily opposed to marijuana use," Fischer said, "just for the same reason I'm opposed to drunkenness, same reason I'm opposed to cocaine use and heroin use: it's turning control of your humanity over to something other than God."

Cashill: Prosecuting George Zimmerman On Civil Rights Grounds Is Like Prosecuting Nelson Mandela Or Mother Theresa

WND contributor Jack Cashill recently released a book entitled "'If I had a Son': Race, Guns, and the Railroading of George Zimmerman," in which he argues that Zimmerman is a hero who has been unfairly maligned by the media.

Last week, Cashill appeared on TheDoveTV to promote the book and was asked what he thought about the possibility that the Justice Department might file civil rights charges against Zimmerman in the death of Trayvon Martin. Cashill was not supportive, to say the least, primarily because "George Zimmerman may have been the least racist person in the state of Florida."

In fact, Cashill stated, Zimmerman was a civil rights hero and prosecuting him "would be like going after Nelson Mandela on civil rights, or Mother Theresa":

A Convention Of States: The Right's Latest Plan To Amend The Constitution

For the last several months, spurred on by the publication of Mark Levin's "The Liberty Amendments," right-wing activists have been floating the idea of convening a "Convention of States" through which representatives of the individuals states would gather together for a convention to amend the Constitution and reign in the federal government.

Under Article V of the Constitution, "legislatures of two thirds of the several states" have the power to "call a convention for proposing amendments" and the idea to convene such a convention has been warmly embraced by people like David Barton who has promoted it not only on his radio program but also while filling in as host on Glenn Beck's television program.

Recently, Beck himself has begun promoting it as well and today his The Blaze website reported that nearly 100 right-wing legislators from 32 states met in Virginia over the weekend as the first steps toward turning this fringe fantasy into reality:

Close to 100 legislators from 32 states met in Mount Vernon, Va., Saturday to discuss the possibility of adding amendments to the U.S. Constitution through a convention of the states.

...

Lawmakers on Saturday discussed term limits on U.S. lawmakers and certain limits on federal taxation and spending as possible amendments, Red Millennial noted.

State legislators stressed Saturday the bipartisan nature of support for the discussed amendments, citing a recent poll that shows 74 percent of Americans support a balanced budget amendment while another 75 percent support congressional term limits.

Saturday’s Mount Vernon meeting was organized by Indiana state Sen. David Long and Wisconsin Rep. Chris Kapenga.

There has been growing support for the idea of a convention, but there is also healthy skepticism.

Still, regardless of whether one thinks it’s a realistic idea, Virginia and South Carolina have both pre-filed applications for a convention, meaning some are taking the idea very seriously.

Saturday’s meeting represents the most recent attempt by legislators to discuss seriously the possibility of adding amendments to the Constitution through a convention.

Our YouTube Page Has Been Restored And Klingenschmitt Has Been Warned To 'Cease And Desist'

For the last month, we have been locked in a battle with "Dr. Chaps" Gordon Klingenschmitt stemming from a series of bogus claims that he filed against our YouTube channel, claiming that we had been stealing and misrepresenting his copyrighted content.

In early November, Klingenschmitt filed multiple claims against our account, resulting in our entire account being terminated by YouTube.  We immediately filed counter-claims against all of Klingenschmitt's complaints, asserting that our videos were protected by Fair Use and, two weeks later, after Klingenschmitt failed to pursue his bogus claims in court, our account was restored.

But just one day later, Klingenschmitt filed another series of false copyright claims against our account and got our account terminated once again. Just as before, we filed another round of counter-claims against all of his copyright notices and, late last week, our YouTube account was restored for the second time.

Over the last month, we have been working with the Electronic Frontier Foundation and law firm of Hogan Lovells on how to respond to Klingenschmitt's attacks on our YouTube account and our work.

As such, last week Klingenschmitt was mailed a cease and desist letter [PDF] on our behalf informing him about Fair Use and explicitly warning him that if he continues to file bogus copyright complaints against our YouTube account, legal action will be taken against him:

Over the past several weeks, you have filed a series of Digital Millennium Copyright Act (“DMCA”) takedown notices with YouTube targeting video clips taken from your video program, PIJN News. DMCA takedown notices only should be lodged when a copyright owner has a legitimate belief that the challenged material is infringing their copyrighted works. You have no legitimate basis to hold such a belief and, therefore, should not have lodged the notices with YouTube. The videos you have challenged are protected by the fair use doctrine and therefore are non-infringing. 17 U.S.C. § 107 (“the fair use of a copyrighted work . . . for purposes such as criticism [and] comment . . . is not an infringement of copyright.)

...

Based on this legal analysis, your conduct and public statements, it appears to PFAW that you have lodged the DMCA notices not out of any genuine concerns for your copyrights, but rather for the purpose of causing YouTube to take down the RWW YouTube channel. You have publicized your campaign, and made clear that your efforts are motivated by your political disagreements with both RWW and some of the independent comments posted on the RWW’s YouTube account. RWW has challenged every takedown notice pursuant to YouTube’s counter-notification process, and every video has been restored following the statutory waiting period without any legal action for copyright infringement having been initiated by you. Nonetheless, you continued to submit separate notices, for multiple videos which appears to PFAW to be calculated to rapidly take down the account and disrupt PFAW’s business. Because YouTube has a publicly-stated policy of taking an account offline after three DMCA notices, your unfounded copyright allegations have caused YouTube to take down the RWW account entirely – twice. Based on your public statements, there is little doubt that this was your intended goal.

Your conduct with respect to the RWW YouTube channel must cease immediately. You are on notice that PFAW’s use of your videos constitutes fair use and that the DMCA provides that misuse of its procedures to shut down lawful speech can result in liability for “any damages, including attorneys’ fees and costs” that result. A number of other legal remedies also are available.

Our videos are protected by Fair Use and we intend to continue our efforts to report on the radical views and agenda of Religious Right activists. As such, we will keep posting videos like this of Klingenschmitt railing against Obamacare on his program today and repenting for a nation that treats "the president as if he is a healing god [when] he is not; he's an imposter, he's a liar, and he causes cancer through his policies":

Right Wing Round-Up - 12/6/13

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