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Flickr Cowardly for Taking Down Obama Joker

Website caved too easily: image isn't a copyright violation

By Kevin Spak,  Newser Staff

Posted Aug 22, 2009 1:50 PM CDT

(Newser) – Flickr is catching fire for its decision to take down the now-infamous image of Barack Obama photoshopped to look like the joker. Flickr says it received a takedown notice under the federal Digital Millennium Copyright Act for the Time cover mockup, but that excuse doesn’t fly for Michael Arrington of TechCrunch. “Screwing over your users while yelling ‘the lawyers made me do it!’ rarely ends well,” he writes.

Especially because had Flickr parent Yahoo bothered to check with its lawyers, they surely would have confirmed that the image is protected under fair use and parody defenses. “It’s clear that the Flickr team wanted to take this image down,” writes Arrington. “They should have had the courage to do the right thing. This is exactly the type of speech that our constitution is supposed to protect.”

The Flickr image at the heart of the fracas.
The Flickr image at the heart of the fracas.   (Firas Alkhateeb)
New York magazine is in the spirit with this Bernie Madoff spoof.
New York magazine is in the spirit with this Bernie Madoff spoof.   (AP Photo/Illustration by Darrow for New York Magazine)
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COMMENTS
Showing 3 of 27 comments
schmidtkoff
Aug 25, 2009 2:54 AM CDT
comment test
reasonator
Aug 23, 2009 12:46 PM CDT
You have to put your political leanings aside and be fair when it comes to free speech. Whether you hate or don't hate Bush, the fact is if you search flickr right now for bush, you will find many negative pictures of him, including manipulated Time covers. If you search for Obama, you will not find any negative pictures of him, because flickr won't allow him. I don't particularly like Bush either, but you have to give free speech to both sides if you are going to be a respected photo storage site that supposedly champions free speech.
reasonator
Aug 23, 2009 12:36 PM CDT
Of course they have the right to take down the photo. They are a private company. That is not the question. The question is, should they take it down because they don't agree with the message? If they start doing that, it is bad for us all, and bad for them as a company. I would be hesitant to use or reference a site that chooses to censor political messages.

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