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  1. tbubar is offline

    Registered Member

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    Posted On:
    8/31/2009 11:14am


     Style: Boxing

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    Hell yeah! Hell no!
    Sifu Och posted on this website at one point, so you may want to contact him directly.

    No BS MMA and Martial Arts - View Profile: SifuOch@@AMEPARAM@@View Profile: SifuOch</title>@@AMEPARAM@@SifuOch
  2. Phrost is offline
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    Posted On:
    8/31/2009 11:22am

    Business Class Supporting Memberstaff
     Guy Who Pays the Bills and Gets the Death Threats Style: MMA (Retired)

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    Hell yeah! Hell no!
    More like SifuItch.

    Why would I contact him? He's a little girl who ran crying to Mommy YouTube because he couldn't handle a good-natured ribbing. His character is evident, so dealing with him directly wouldn't accomplish anything other than to turn the situation from good, to bad-natured.
  3. HappyOldGuy is offline
    HappyOldGuy's Avatar

    Slipping coal into stockings with a little sumptin for mom.

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    Jun 2007
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    Posted On:
    8/31/2009 11:27am


     Style: Rehab Fu

    --
    Hell yeah! Hell no!
    Quote Originally Posted by danniboi07 View Post


    He may actually have a point about copyright infringement, but I don't think he should be employing it. To get around it, Phrost might have to cite where he got the video.
    It doesn't matter whether his material is copyrighted. This is straight up parody and there is strong protection for satire and parody under fair use.

    (this legal opinion is worth exactly what you paid for it)
  4. dwkfym is offline
    dwkfym's Avatar

    Yours truly

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    Posted On:
    8/31/2009 11:35am

    Business Class Supporting Member
     PDS Rifles Style: Univ. Florida Kickboxing

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    Hell yeah! Hell no!
    Parody is a legal defense for a lot of things. Getting some attorneys to work on this is the best way to handle this IMO. A letter might take care of it, or it might not. But a lawsuit will definitely take care of it, but who can afford that??
  5. Lindz is online now

    Senior Member

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    Burnaby B.C.
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    Posted On:
    8/31/2009 11:38am

    Join us... or die
     Style: comparison shopping

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    Hell yeah! Hell no!
    I can't understand what this says. http://en.wikipedia.org/wiki/Online_...r-Notification but it may be the key.
  6. Res Judicata is offline

    Senior Member

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    Posted On:
    8/31/2009 11:51am


     Style: Judo & BJJ

    --
    Hell yeah! Hell no!
    Sounds like a standard DMCA ss 512 takedown notice, although I'm surprised they suspended the whole account. Did you file the DMCA counternotice? Once you do, it starts the clock for this guy to sue you. If he doesn't, YouTube has to put the material back up (unless there are other terms of use violations), I believe.

    This goes over the basics: http://en.wikipedia.org/wiki/Online_...Limitation_Act

    Even if he has a valid copyright, there are a number of defenses that may apply (fair use, in particular). Frankly, it may come down to whether he's willing to sue you. In that vein, putting up additional copies of the supposedly infringing material yourself wouldn't be a good idea.

    I don't practice in this area (I'm a patent attorney) and don't take this as legal advice. You should talk to your lawyer.
  7. Phrost is offline
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    Posted On:
    8/31/2009 11:53am

    Business Class Supporting Memberstaff
     Guy Who Pays the Bills and Gets the Death Threats Style: MMA (Retired)

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    Hell yeah! Hell no!
    I didn't get any DMCA information from them at all so I can't exactly file a counter notice. In fact, I didn't even get a suspension email, just that one about the video making fun of Captain Foom being disabled.
  8. Cougar Spirit is offline

    Registered Member

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    Kentucky
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    270

    Posted On:
    8/31/2009 11:55am


     Style: Shaolin/Judo/JuJitsu

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    Hell yeah! Hell no!
    Has Sam taken a crack at this one, yet? When does the Copyright statute overtake First Amendment? There has to be a door here somewhere.
  9. Phrost is offline
    Phrost's Avatar

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    Posted On:
    8/31/2009 11:58am

    Business Class Supporting Memberstaff
     Guy Who Pays the Bills and Gets the Death Threats Style: MMA (Retired)

    --
    Hell yeah! Hell no!
    Sam's overworked and (completely) underpaid as it is. He's running down Bobby Joe Blythe info.
  10. crawford is offline

    Registered Member

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    Aug 2009
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    166

    Posted On:
    8/31/2009 12:15pm


     Style: judo

    --
    Hell yeah! Hell no!
    not my area of practice, but it's my understanding that to enforce a copyright, one must first register the copyright with the Library of Congress. As a result, that whole notice thing hasn't really started yet.

    Right now, we're just talking plain old contract law - the contract between you and YouTube.
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