Mom, EFF fight back over take-down notices

Mom, EFF fight back over take-down notices

Summary: This is what I imagine: some technoslaves or computer software constantly peruses YouTube looking for infringements. It finds them and the music companies send YT an almost daily list of take-down notices per the DMCA.

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TOPICS: Legal, Piracy
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This is what I imagine: some technoslaves or computer software constantly peruses YouTube looking for infringements. It finds them and the music companies send YT an almost daily list of take-down notices per the DMCA. YouTube takes down. Problem being everything gets taken down and the effect is that legitimate use of copyright material gets caught up in the net. Enter Stephanie Lenz who posted a video of her kid with some Prince song playing in the background. No way that's infringing. But it was taken down. So Lenz and EFF are pushing the issue by suing Universal over the improper takedown, saying she was damaged by the take-down. It's an effort to force companies to do better (if any) reviews of so-called infringements before requesting they be removed. News.com quotes EFF lawyer Corynne McSherry:

"This video is so clearly noninfringing," McSherry said. "What we've seen is that Universal Music had the view that they could take down Prince content as a matter of principle. But what they were obligated to do was form a good-faith belief that the video was infringing...They may not have formed a good-faith belief at all."

But it seems unlikely this will go EFF's way. The judge has already signalled he thinks their argument is an expansion of duties imposed on copyright holders. According to the SF Chronicle, the judge is "concerned that requiring copyright holders to consider the possibility of fair use before ordering a takedown puts judges in the business of 'trying to read their minds' and seems to be an expansion of the 1998 law." On the other hand he noted, the law is "intended to prevent misuse of takedown notices."

Topics: Legal, Piracy

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9 comments
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  • If Universal wins, America is doomed

    Universal absolutely must not win this. It is the thin end of a [i]very[/i] dangerous wedge - will we be allowed to sing along to our ipods in the street, or in family videos? What about humming the tunes of well-known songs in the street, or on YouTube? What about family videos of karaoke put on YouTube? The list of potentially infringing situations is endless.

    The corporations must stop treating their customers like criminals - it's that simple. Right now corporations are enraging their customers - pouring gallons of gasoline on a blazing fire of resentment. For every action there is a reaction - and that reaction is torrenting and file sharing in all forms. Try stopping someone burning a CD in the privacy of their own home and giving it to a friend. Are we going to have a DRM police officer in every home, watching you working at your PC 24/7? No of course not - the American People would have another revolution before that happened.
    Don Collins
    • Would we?

      I'd love to believe that the American people would have a revolution before we had people in our homes monitoring copyright infringement, but I severely doubt that this is would ever happen. I do think that what would happen is that people would purchase less music and the RIAA wouldn't be able to afford these guards for very long. additionally, computer manufacturers would see their profits plummet because people wouldn't buy something that they'd be prohibited from using.

      Joey
      voyager529
  • Not surpised

    The MPAA/RIAA is so obsessed with their companies, that they're doing what ever they can to make their customers, crimminals. It's getting to the point, that no matter what you do, your a criminal. What do we do then? Jail everyone? Sue everyone? It's to the point in which; what does it matter? What ever you do, your going to be labled a chriminal, so why do you have to be good or do the right thing?

    Can't do drugs, or smoke. Now can't even post a vid of your kid because they *happen* to get one of a big company's precious song in the background?

    Why don't we just elect CEOs instead of politicians? Anymore that's all we're doing, since they're paid so very well by big business. Hey, that's an idea, cut out the middle man. Make it cheaper to jail/sue people.

    - Kc
    kcredden2
  • RIAA: My opinion? Let's band together and get rid of them!

    The BEST way to kill off these organizations is NOT to copy their stuff and give it away. That's wrong. That gives them more income via litigation, boosts their confidence that they are right about piracy, and gives them a bit of free advertising, too.

    The BEST way to kill those member companies off is to ONLY buy independent music from artists who are NOT represented by any of those member companies. Don't buy their stuff. Don't give it away free. Don't talk about it. Don't listen to it. Don't play it. Just completely ignore their stuff as if those companies do not exist. Soon, they won't.

    Most importantly, tell ALL of your friends to do the same. Spread the word about the boycott far and wide. Blog about it. Post banners on your web sites. Talk about it in chat rooms. This is a digital world and we don't have to support the existence of companies with antique business models that treat all of their customers like criminals.

    When they are gone, we can get some intelligent digital-age companies to easily replace all of them. Best of all, the stupidity of the RIAA (MPAA next?) member companies will be nothing but an unpleasant memory.
    BillDem
    • RE: RIAA: My opinion?? Let's band together and get rid of them

      [b]EXACTLY!!![/b]

      The RIAA and MPAA member companies understand only one thing - the almighty buck; and ways to get more of ours.

      Do you want to teach the MPAA a lesson???
      Do you want to teach the RIAA a lesson???

      It is simple, [b]boycott their 'content'!!!![/b]

      Tell the artists and actors that you like that due to principle, you refuse to enrich companies associated with the RIAA or the MPAA. [b]YOU[/b] control where and how [u]you[/u] spend your discretionary income. Just spend it where the villians at the RIAA and MPAA [b]do not profit.[/b]
      fatman65535
      • Fundamentals

        Yes, it is YOUR money. If you feel that supporting villans like the RIAA and MPAA is an acceptable price for the music you want, then the counterargument stands: support them!

        Fortunatly, more and more are deciding it is no longer an acceptable price. Just look at how fast the industries are starting to back peddel!
        cmdrrickhunter@...
  • RE: Mom, EFF fight back over take-down notices

    It's a very good effort to force companies to give their better reviews of infringements. Hope to see more. Thank you very much.

    Angel
    angeldawson
  • RE: Mom, EFF fight back over take-down notices

    What about all these talk show hosts that play songs in the background all the time on the radio? How is that different?

    I have wondered how a person gets damaged with their Youtube video is pulled? Are these businesses with youtube videos?
    ceh4702
  • RE: Mom, EFF fight back over take-down notices

    I see the music industry using luxurious parties, long limousines and red carpets to pamper their talent. Then they cry when someone likes a song enough to listen to it, and take the time to search it out and download it.
    The FANS RULE! That's right. Someone must be buying the music, no? And if they feel like sharing it, that's a crime? Next thing you know the police will confiscate your stereo every time you have friends over and you turn on some music.
    A revolution? Maybe not. A boycott? Most of these PCs can generate their own music, using the same software the giants use to pump out the commercialized "Hits". Then let's listen to them cry about no fans at concerts, cd sales dropping and silly PC owners still trading and sharing music of their own and ignoring what the Big Boys are selling.

    Support our Troops - They are ones dying for our freedom. Large corporations are just trying to take it away.
    My 2? CDN.
    AllGeek2Me