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  1. dwkfym is offline
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    Yours truly

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    Posted On:
    8/31/2009 4:21pm

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

    --
    Hell yeah! Hell no!
    BTW that video was apparently slowed down because he was so fast.
  2. TheRuss is offline
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    is badder than you

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    Posted On:
    8/31/2009 7:32pm

    Join us... or die
     Style: None

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Phrost View Post
    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.
    *click*

    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:

    YouTube, LLC
    Attn: YouTube DMCA Counter-Notification
    901 Cherry Ave.
    Second Floor
    San Bruno, CA 94066
    Fax: 650.872.8513
    Email: copyright@youtube.com

    or fax to:
    (650) 872-8513, Attn: YouTube DMCA Counter-Notification

    or email to:
    copyright@youtube.com, 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).
    Quote Originally Posted by Emevas View Post
    Downstreet on the flip-flop, timepants.
  3. LarsCG is offline

    Registered Member

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    Posted On:
    9/02/2009 5:12am


     Style: Judo/Roadwork

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Cougar Spirit View Post
    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...
  4. dwkfym is offline
    dwkfym's Avatar

    Yours truly

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    Posted On:
    9/02/2009 8:47am

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

    --
    Hell yeah! Hell no!
    LarsCG is correct
  5. Truculent Sheep is offline

    KEIN HAAR APPROVED!

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    Posted On:
    9/02/2009 8:51am


     Style: BJJ

    --
    Hell yeah! Hell no!
    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 .
  6. Yoj is offline
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    Senior Member

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    Posted On:
    9/02/2009 8:58am


     Style: Aikijujutsu

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Truculent Sheep View Post
    Isn't fair use satire protected by the 1st ammendment?
    Maybe. Possibly.

    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.
  7. cicero191 is offline

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    Posted On:
    9/02/2009 1:07pm

    Bullshido Newbie
     Style: jujitsu

    --
    Hell yeah! Hell no!
    Quote Originally Posted by crawford View Post
    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?
  8. dwkfym is offline
    dwkfym's Avatar

    Yours truly

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    Posted On:
    9/02/2009 1:09pm

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

    --
    Hell yeah! Hell no!
    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.
  9. Phrost is offline
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    Posted On:
    9/02/2009 1:15pm

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

    --
    Hell yeah! Hell no!
    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.
  10. JohnnyCache is offline
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    All Out of Bubblegum

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    Posted On:
    9/02/2009 1:38pm

    supporting memberforum leader
     Style: MMA

    --
    Hell yeah! Hell no!
    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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