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CommonReason DMCA'd

C

CommonReason

New Member
arg-fallbackName="CommonReason"/>
Hello all,

I go by the user name CommonReason.. I am from Canada. I am writing you because I have recently had a video censored via a DMCA claim.

The user who has filed the DMCA is Sounddoctorin, (http://www.youtube.com/user/sounddoctorin), he is from the United States, the video he is claiming I infringed on his copyright is "Stupid Atheist Tricks, Part 1: "I used to be a Christian" (http://www.youtube.com/watch?v=8Qxh6-XmphU&feature=player_profilepage). I will be posting a mirror of the video that has been DMCA'd on my alternate account so you can judge the matter for yourself ---> http://www.youtube.com/user/andr3L3ss (that is if I can figure out a way to get it up without it being rejected)

Sounddoctorin is an arrogant person who has no idea what the DMCA is about, nor does he know what "perjury" is within the context of the DMCA as demonstrated in a video I made "The Swamp Beast Returns" (http://www.youtube.com/watch?v=mVWGevWGA9c). At minute 2, I show a comment he posted that demonstrates his ignorance of not only perjury, but the DMCA act all together.

Furthermore, I am uncertain on the law here, but in the email I received from Youtube, it stated: "This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Sound Doctorin' claiming that this material is infringing:
Re: Stupid Atheist Tricks, Part 1: "I used to be a Christian": http://www.youtube.com/watch?v=agFlXVE8pf0".
Seeing as he is not a "third party" and furthermore did not put in his name (instead he put "Sound" as first name and "Doctorrin" as the last name) would this be further perjury?

I am also in the process of making a video exposing his false DMCA actions, however I will not post it if you advise me not to.

I look forward to your reply. I do not wish to hurry you on the issue, but Sounddoctorin has been saying he is making further DMCA claims on the other videos which comment on and criticize his. More videos flagged would end up in my account being shut down.

Best Wishes,

C.R.
 
arg-fallbackName="Aught3"/>
Oh sorry, I saw this yesterday but forgot to respond.

In my opinion you used quite a lot of his video to make yours so if it were me I wouldn't be filing the counter-notice at least until I got some proper legal advice (remember you would be filing under the penalty of perjury). You have to have a 'good faith' belief that the material was mistakenly taken down by the DCMA or you will perjure yourself, engaging a lawyer is the best way to ensure that you don't do this.
CommonReason said:
Furthermore, I am uncertain on the law here, but in the email I received from Youtube, it stated: "This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Sound Doctorin' claiming that this material is infringing:
Click to expand...
Third party is the standard wording in this case he authorised himself to act on behalf of himself it's not an issue. Not signing his real name could be problematic for him, you are supposed to put real contact information on the forms but it's probably secondary to any copyright violation here.

If you feel strongly about getting the video put back up talk to a lawyer before proceeding, I'm not saying you couldn't win a copyright lawsuit but he would have fairly good grounds to file one if he wanted to. On the other hand I doubt he would bother and you could get your video restored. As to the DMCA video you want to make, it's probably a good idea to tell people that this guy is using DMCA take-down notices to stifle criticism against him - but this time use your own stuff.
 
arg-fallbackName="CommonReason"/>
Thanks for the reply, and the advice.

I am trying to contact DprJones. I have sent him messages via LOR and Youtube. I hope he answers back soon and that my video, in the end, gets restored.
Third party is the standard wording in this case he authorised himself to act on behalf of himself it's not an issue
Click to expand...
Thanks for correcting my ignorance, I will ignore this for the time being I guess.

I am in the process of making a video exposing his tactics.

Thanks again,

Cheers
 
arg-fallbackName="nasher168"/>
All you are doing is using clips from his video in your's. I think (but don't quote me on this) that as long as you use it in parody or review-as you are-then he is not allowed to file a DMCA against you.
 
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