As i've blogged before, DMCA Takedown notices are out of control and have the effect of shutting down legitimate websites because providers and hosting services pften react swiftly without investigation when they get these notices and shut sites down. That's a real free speech concern (among other things).

But the MPAA has now taken to arguing that, no, actually, DMCA Takedown notices promote free speech:

"In fact, curbing such illicit activity promotes free expression by creating a safer, virtual forum where individuals feel comfortable to engage and communicate. In this sense, it is leaving lawlessness and bullying unchecked that is chilling free speech," the MPAA adds.

Of course, as noted above, "curbing such illicit activity" isn't the problem.

This is normal political jujitsu, i guess (using your opponents arguments against them), but it also reminds me of how free speech is being used in dubious court arguments.