Harvard copyright expert Lawrence Lessig files lawsuit after being sent a false DMCA takedown notice - Polidicks

[quote]If Liberation Music was thinking they'd have an easy go of it when they demanded that YouTube take down a 2010 lecture of Lessig's entitled "Open," they were mistaken. Lessig has teamed up with the Electronic Frontier Foundation to sue Liberation, claiming that its overly aggressive takedown violates the DMCA and that it should be made to pay damages.[/quote] [url=http://arstechnica.com/tech-policy/2013/08/newest-youtube-user-to-fight-a-takedown-is-copyright-guru-lawrence-lessig/]Source: Arstechnica[/url]

[I]Don't play a playa unless you wanna get played[/I]

I hate when companies do this it's just so stupid and I'm not even sure why they do it in situations like this

wow, they really stepped on a fucking landmine there

Do you not scan the people you send a takedown notice to?

[QUOTE=valkery;41947495]Do you not scan the people you send a takedown notice to?[/QUOTE] There's no reason to with the shit YouTube has most of the time.

[QUOTE=valkery;41947495]Do you not scan the people you send a takedown notice to?[/QUOTE] The media industry uses automated software that scans videos for specific video and audio patterns to make automated DMCA takedowns. It also helps that youtube bent over and took it in the ass by making specific tools to help corporations basically censor anything they want on Youtube with DMCA notices. That's why people uploading illegal content to youtube reverse the video and change the sound pitch. The filters won't find it and they'll have to manually search for it (which can take years.) But there are the few exceptional idiots that just spam DMCA notices because the DMCA is a shitty law that puts the complete burden of proof on the victim, and they're unlikely to be punished. Though like Kiq said, they stepped on a mine, but it was more like striking a naval mine with a paddle boat.

[QUOTE=Lt_C;41947088][I]Don't play a playa unless you wanna get played[/I][/QUOTE] [I]Talk shit, get hit.[/I]

one time I uploaded a song+still image that was owned by gyuune cassette and sony bmg filed a claim on it. when I reuploaded it later virgin media filed their own claim. gyuune cassette still has no idea who I am the whole system is awful

Good. Here in germany we have the GEMA, you might aswell call them DMCA: The Institution. Google is basically their bitch and immediately takes down any video the GEMA dictates them to, which more often than not results in wrongful takedowns. What I think especially disturbing is when videos get taken down because some music played in the background, like from a radio.

Copyright and patent system's really become a monster at this point. Copyright used to protect creatives against imitators while their product spread across the country. Now it's about publishers draining money out of the pockets of creatives that cover songs, remix them, build them into presentations, or just upload a video that happens to have a radio playing in the far background. I mean how the hell did we end up with copyright that lasts for 120 years after creation? How's that supposed to help an artist? [QUOTE=DrDevil;41948842]Good. Here in germany we have the GEMA, you might aswell call them DMCA: The Institution. Google is basically their bitch and immediately takes down any video the GEMA dictates them to, which more often than not results in wrongful takedowns. What I think especially disturbing is when videos get taken down because some music played in the background, like from a radio.[/QUOTE] Didn't they also say you ought to have a special license to play ringtone versions of songs since technically you're illegally playing them to an audience or something?

[QUOTE=Marik Bentusi;41948974]Didn't they also say you ought to have a special license to play ringtone versions of songs since technically you're illegally playing them to an audience or something?[/QUOTE] I'm uneducated on the subject so this is just what I've heard, but I thought usage of copyrighted material was still permitted as long as you're not claiming ownership or using it to make a profit. As in without permission you can't use it for advertising your own product, being a part of something people pay money for, or sell it as your own product. So sharing music and movies with an audience is fair use as long as the product is not copied or you receive any money from it, and using copyright characters for movies and parodies without license is alright as long as your product is free and thus the characters are not used to advertise your product for profit.

[QUOTE=Simski;41949480]usage of copyrighted material was still permitted as long as you're not claiming ownership or using it to make a profit.[/quote] [quote]So sharing music and movies with an audience is fair use as long as the product is not copied or you receive any money from it[/quote] [quote] and using copyright characters for movies and parodies without license is alright as long as your product is free and thus the characters are not used to advertise your product for profit[/QUOTE] You are not allowed any of this, at least not under American jurisdiction. There might be some leniency in Swedish law but you can be sure some well-paid lobbyists are working to remove that.

[QUOTE=GiGaBiTe;41948268]The media industry uses automated software that scans videos for specific video and audio patterns to make automated DMCA takedowns. It also helps that youtube bent over and took it in the ass by making specific tools to help corporations basically censor anything they want on Youtube with DMCA notices.[/QUOTE] To be fair they are just covering their own ass YouTube gains way too much content per day for it to be manually checked, and probably receives tens of thousands of DMCA takedowns per day. If they don't do what they currently do then they'd probably have a hefty amount of lawsuits against them for hosting copyrighted content and not acting on it when it is reported.

[QUOTE=demoguy08;41949678]You are not allowed any of this, at least not under American jurisdiction. There might be some leniency in Swedish law but you can be sure some well-paid lobbyists are working to remove that.[/QUOTE] Well damn, then this issue really is much worse than I thought

I would show no mercy, either, if it were me. They sure as hell don't show any when they sue people, so it's only fair.

[QUOTE=butre;41948787]one time I uploaded a song+still image that was owned by gyuune cassette and sony bmg filed a claim on it. when I reuploaded it later virgin media filed their own claim. gyuune cassette still has no idea who I am the whole system is awful[/QUOTE] I made a computer in Second Life that plays MIDI files very poorly through a simulated 8-bit sound set. I uploaded a video of it playing a public domain hymn (written centuries ago and sequenced myself) and it got taken down as some shitty country music song with a totally different tune.

get fucked get fucked get fucked I hate DMCA shit it's so fucking annoying

[QUOTE=wickedplayer494;41947561]There's no reason to with the shit YouTube has most of the time.[/QUOTE] People seem to forget what happened to youtube when they weren't cracking down on copyrights. That whole Viacom disaster really changed alot.

[QUOTE=Cushie;41949689]To be fair they are just covering their own ass YouTube gains way too much content per day for it to be manually checked, and probably receives tens of thousands of DMCA takedowns per day. If they don't do what they currently do then they'd probably have a [B]hefty amount of lawsuits[/B] against them for hosting copyrighted content and not acting on it when it is reported.[/QUOTE] Just because Youtube tries to comply with the DMCA, doesn't mean that they're immune from lawsuits. They have multiple lawsuits filed against them every year, and the biggest pending litigation is probably Viacom vs. Youtube for $1 billion dollars. [url]http://en.wikipedia.org/wiki/Viacom_International_Inc._v._YouTube,_Inc[/url].

[QUOTE=Simski;41949783]Well damn, then this issue really is much worse than I thought[/QUOTE] They probably do that in the US because things like radio stations and the like pay a fee in order to be able to play licensed music. If you play it in public for free then you're skipping that fee which means the record company is losing money (onoes!).

I believe they only have to pay if they were acting in bad faith. Can the man prove that they were? How?

My first born child was DCMA'ed in the womb

[QUOTE=A_Pigeon;41972502]My first born child was DCMA'ed in the womb[/QUOTE] The final solution in copyright protection.

[QUOTE=Irkalla;41971576]I believe they only have to pay if they were acting in bad faith. Can the man prove that they were? How?[/QUOTE] he'll probably start by subpenaing their other DMCA takedown notices and establishing a pattern of over aggression, but i'm no lawyer so idk, but seems like something they'd do on suits.

What the fuck were they thinking? I have this mental image of a guy trying to seal up a beehive with honey, to stop all the bees from coming out and stinging the shit out of him.

[QUOTE=GiGaBiTe;41948268]The media industry uses automated software that scans videos for specific video and audio patterns to make automated DMCA takedowns. It also helps that youtube bent over and took it in the ass by making specific tools to help corporations basically censor anything they want on Youtube with DMCA notices. That's why people uploading illegal content to youtube reverse the video and change the sound pitch. The filters won't find it and they'll have to manually search for it (which can take years.) But there are the few exceptional idiots that just spam DMCA notices because the DMCA is a shitty law that puts the complete burden of proof on the victim, and they're unlikely to be punished. Though like Kiq said, they stepped on a mine, but it was more like striking a naval mine with a paddle boat.[/QUOTE] My father came into possession of a 500gb drive with tens of thousands of MP3s on it, he spent probably 2 months scrubbing the tags out of every one of them. And categorizing them so file browsers didn't absolutely crash when opening it.