DMCA'd by Daniel Owens

[PreparationH]

I think it has been a year since i posted a mirror of this video, Daniel Owens censoring bigot exposed (Mirror of AndromedasWakes DMCAd mirror of a DMCAd video), and now Daniel Owens has filed a claim against it. I has filed a DMCA counter notice with YouTube, is there anything else I should do or submit after that or should it be enough?

 

[Gnug215]

I think it has been a year since i posted a mirror of this video, Daniel Owens censoring bigot exposed (Mirror of AndromedasWakes DMCAd mirror of a DMCAd video), and now Daniel Owens has filed a claim against it. I has filed a DMCA counter notice with YouTube, is there anything else I should do or submit after that or should it be enough?

(Bumped for attention. I'm not well-versed in this DMCA stuff.)

 

[PreparationH]

I have just received an email from someone claiming to represent Daniels Owens with the wonderfully name email address of anonymous201210@yahoo.co.uk and the name "Anon Ymous"

Dear "My full name",

I am speaking on behalf of Daniel Owens with regards to the Copyright Counternotification which you filed against him and in doing so it maybe that you will have to go to court, which is serious!
A solicitor has been contacted on Daniel's behalf and we need to get in contact with you to discuss some serious issues.
All we have at the moment is the following address:

"My address, which I had so submit as part of my counter claim"

Is this address correct?

Please could we have your landline and mobile/cell phone numbers to discuss this case, also to confirm your identity.

Walter, please bear in mind the following points in reply:

- Due to Daniel's Copyrighted Videos not being available to the public anymore, as he removed all of them from the internet almost a year ago, the Fair Use Act is irrelevant.
- The video in question does contain one of Daniel's videos, whereby Daniel owns the Copyright.
- You did not ask for his permission to use his video.
- There are Privacy, Identity, Bullying and Harassment Laws which apply to this case.
- We have copies of your videos, comments, quotations etc, which are aimed at Daniel.

You will receive the documentation including who we are, our addresses and contact details within the next week or so. We cannot reveal our identity on the internet due to privacy and identity implementations.

To avoid this case going to court, all you have to do is do not upload anymore videos containing Daniel's videos, personhood, idendity and privacy.

Thank you for your co-operation,

Anonymous

I have already sent a reply which can be boiled down to how I think this person is full of shit.

 

[SchrodingersFinch]

It seems you're not the only one:
http://forums.leagueofreason.org.uk/viewtopic.php?f=10&t=5347&start=0

 

[Icefire9atla]

Yes, my mirrored video has been taken down by Daniel Owens as well.

 

[Tylzen]

I wrote him back.

Hi Anon Ymous,
I am fully aware of my rights and the Digital Millennium Copyright Act (1998).
The email that you have sent is for lack of a better word, completely horseshit, it is a weak attempt for some cyberbully to look formal.
You do not end a letter with Anonymous and you do not threaten people with legal actions.
I have filed a counternotification and if you want to drag me into a court of law, be my guest.
You got the details that you need.


"- Due to Daniel's Copyrighted Videos not being available to the public anymore, as he removed all of them from the internet almost a year ago, the Fair Use Act is irrelevant."
This shows your complet lack of knowledge regarding the DMCA, the fair use clause is not irrelevant just because some of the material used in the original video has been removed. The Youtube TOS licens and sublicens is revoked, yes, but not the fair use clause.

"- The video in question does contain one of Daniel's videos, whereby Daniel owns the Copyright."
Yes it contains one of his videos, but since it is a commentary video, non-profit, and satirical it falls under the fair use clause.

"- You did not ask for his permission to use his video."
That is irrelevant to the fair use clause according to the DMCA.

"- There are Privacy, Identity, Bullying and Harassment Laws which apply to this case."
You have filed a copyright claim, so the above claims are irrelevant to your copyright claim.

"- We have copies of your videos, comments, quotations etc, which are aimed at Daniel."
Still has nothing to do with a COPYRIGHT claim.

Stop being such a coward, and actually say who you are.

Best regards
Christian T. Mà¸ller-Jensen

 

[PreparationH]

I wrote him back.

Hi Anon Ymous,
I am fully aware of my rights and the Digital Millennium Copyright Act (1998).
The email that you have sent is for lack of a better word, completely horseshit, it is a weak attempt for some cyberbully to look formal.
You do not end a letter with Anonymous and you do not threaten people with legal actions.
I have filed a counternotification and if you want to drag me into a court of law, be my guest.
You got the details that you need.


"- Due to Daniel's Copyrighted Videos not being available to the public anymore, as he removed all of them from the internet almost a year ago, the Fair Use Act is irrelevant."
This shows your complet lack of knowledge regarding the DMCA, the fair use clause is not irrelevant just because some of the material used in the original video has been removed. The Youtube TOS licens and sublicens is revoked, yes, but not the fair use clause.

"- The video in question does contain one of Daniel's videos, whereby Daniel owns the Copyright."
Yes it contains one of his videos, but since it is a commentary video, non-profit, and satirical it falls under the fair use clause.

"- You did not ask for his permission to use his video."
That is irrelevant to the fair use clause according to the DMCA.

"- There are Privacy, Identity, Bullying and Harassment Laws which apply to this case."
You have filed a copyright claim, so the above claims are irrelevant to your copyright claim.

"- We have copies of your videos, comments, quotations etc, which are aimed at Daniel."
Still has nothing to do with a COPYRIGHT claim.

Stop being such a coward, and actually say who you are.

Best regards
Christian T. Mà¸ller-Jensen

My original email response was similar, but recently "they" sent me another email saying they now have more "evidence" and sent a link to this video http://www.youtube.com/watch?v=UKQuSiwkRo0 Which is odd, seeing as I'm an American, as they should know, and this youtube user is clearly British. My guess is that however they are is also fucking stupid, and the email corespodence has sort of de-volved into bullshit matches. Funny as hell reading them though.

 

[Duvelthehobbit666]

Here is the video from answersinbooks where Daniel Owens apologizes.

 

[PreparationH]

I just got the word from youtube that the copyright claim was withdrawn. I think Anon Ymous figured out through our little correspondence that trying to bully an American is not going to work out, mostly because I can harass way better then he can. Also, I'm a bastard. :lol:

 

[Tylzen]

Lifted here aswell.