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Malkin Fights Back Against Copyright Law Misuse by Universal Music Group

PRESS RELEASE
May 9, 2007

EFF Supports Conservative Columnist Who Criticized Controversial Hip Hop Artist Akon

San Francisco - With the legal backing of the Electronic Frontier Foundation (EFF), nationally syndicated columnist and prominent blogger Michelle Malkin has contested music giant Universal Music Group's (UMG's) improper attempt to silence her online criticism of one of its artists.

In a recent episode of "Vent with Michelle Malkin" -- an irreverent daily video podcast produced by Malkin's conservative Internet broadcast network "Hot Air" -- Malkin criticized Universal hip hop artist Akon, calling him a "misogynist" and his antics "vulgar and degrading." She supported her criticism with excerpts from Akon's music videos as well as controversial onstage video footage showing Akon with a teenage girl at a nightclub in Trinidad. Malkin's accompanying commentary condemned both Akon's lyrics and his behavior.

On Thursday, May 3 -- after Malkin appeared on a nationally syndicated talk radio show to put pressure on Akon's sponsors -- UMG claimed the podcast infringed its copyrights and submitted a takedown notice under the Digital Millennium Copyright Act (DMCA), forcing online video hosting site YouTube to pull the episode down. Yesterday, Malkin filed a counter-notice with YouTube, informing the company that she was legally entitled to distribute her video. Under the DMCA, YouTube can repost Malkin's video ten days after receiving her counter-notice.

"It is impermissible and irresponsible for copyright holders to use the DMCA as a pretext to squelch criticism," said EFF Senior Staff Attorney Kurt Opsahl. "Ms. Malkin had every right under copyright law to criticize UMG and Akon, and to use footage of Akon to emphasize her point. Criticism and commentary are not only the core of fair use, but vital to our traditions of free speech."

"We believe this is a clear attempt by UMG to hide the truth about Akon and intimidate critics," said Malkin. "The Hot Air staff and I are grateful for EFF's willingness to challenge a corporate bully wrapped in the DMCA cloak."

YouTube's message explaining the UMG takedown:
http://www.youtube.com/watch?v=YZL1IHw6ea8

"Vent" podcast (on hotair.com) that was removed from YouTube:
http://hotair.com/archives/2007/05/03/akon-story-gaining-steam

Michellemalkin.com post discussing the takedown:
http://www.michellemalkin.com/archives/007446.htm

More on intellectual property and free speech:
http://www.eff.org/IP/freespeech

Information about Hot Air:
http://hotair.com/about

Contacts:

Kurt Opsahl
Staff Attorney
Electronic Frontier Foundation
kurt@eff.org

Michelle Malkin
Founder
Hot Air Network
malkinblog1@gmail.com

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