Posted On:8/31/2009 4:21pm
PDS Rifles Style: Univ. Florida Kickboxing
BTW that video was apparently slowed down because he was so fast.
is badder than you
Posted On:8/31/2009 7:32pm
Originally Posted by Phrost
I didn't get any DMCA information from them at all so I can't exactly file a counter notice.
You did, and you can.
Look at your OP again.
If you elect to send us a counter notice, please go to our Help Center to access the instructions.
A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the specific URLs of material that YouTube has removed or to which YouTube has disabled access.
2. Provide your full name, address, telephone number, and email address, and the username of your YouTube account.
3. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
4. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
Send the written communication to the following address:
Attn: YouTube DMCA Counter-Notification
901 Cherry Ave.
San Bruno, CA 94066
or fax to:
(650) 872-8513, Attn: YouTube DMCA Counter-Notification
or email to:
firstname.lastname@example.org, Subject: YouTube DMCA Counter-Notification
So do that, and then wait.
Edit: Also, double-check with Sam that "mistake" in #4 covers fair use (specifically parody).
Originally Posted by Emevas
Downstreet on the flip-flop, timepants.
Posted On:9/02/2009 5:12am
Originally Posted by Cougar Spirit
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.
As far as I know, this is not a First Amendment issue since Google/YouTube is a private entity. The First Amendment protects individuals against censorship by the government - it says nothing about YouTubes right to control content on its own website.
Disclaimer: Not being an American, my knowledge regarding the Constitution + Amendments is dodgy to say the least...
Posted On:9/02/2009 8:47am
LarsCG is correct
KEIN HAAR APPROVED!
Posted On:9/02/2009 8:51am
Even in the Just-Sue nightmare that is the UK, parody and satire are seen as reasonable defences against libel and copyright infringement. Phrost might want a word with m'learned (American) friends, not just on the matter of the videos, but also YouTube's conduct
Last edited by Truculent Sheep; 9/02/2009 9:04am at .
Posted On:9/02/2009 8:58am
Originally Posted by Truculent Sheep
Isn't fair use satire protected by the 1st ammendment?
If it is then it means that phrost can host those videos on Bullshido if he wants.
However if youtube decide to take them down, it's their servers, they can do what they like, it's not a public service provided by the government.
It's a bit like arguing that Phrost et al can't delete someones post on Bullshido as they have freedom of speech etc.
Posted On:9/02/2009 1:07pm
Originally Posted by crawford
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.
Youtube is a free service for people with accounts. How can there be a contract without consideration?
Posted On:9/02/2009 1:09pm
You know the terms and conditions you agree to when you join?
Of course there is consideration. Users get to enjoy the forum of videos. Youtube gets ad exposure.
Posted On:9/02/2009 1:15pm
Guy Who Pays the Bills and Gets the Death Threats Style: MMA (Retired)
Ultimately none of his pissing and moaning about this matters because I'll have the video hosted here locally and he SifuItch can just try and come after us.
Also, I'm thinking we should probably look into his situation a bit more if this is how he behaves when someone cracks a joke at his expense.
All Out of Bubblegum
Posted On:9/02/2009 1:38pm
at the end of the day, you have no particular right to post on youtube. They don't need grounds to remove anything their server. That's juts how it works.
There's no choice but to confront you, to engage you, to erase you. I've gone to great lengths to expand my threshold of pain. I will use my mistakes against you. There's no other choice.
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