Radio personality Rush Limbaugh apparently has decided he can’t handle criticism well, so he’sabusing the DMCA to take down a video critical of him. The video does use Limbaugh video, but it seems like a pretty clear case of fair use. And, if we go by the standard established in the Lenz v. Universal case, those issuing a takedown are supposed to first consider fair use. If Limbaugh failed to do so, he could run into trouble.
But, more to the point: WTF? Why do people keep abusing the DMCA solely to silence free speech that criticizes them, at the same time they claim to be supporters of the First Amendment. You would think, by now, that Limbaugh has enough advisers who might recommend against taking down a silly YouTube video no one’s watching any more — but he seems to keep doing it, even if it seemingly goes against many of his claims.