False Flagged & DMCA'd... now YouTube has suspended me.

[freedom0f5peech]

Yesterday, YouTube user HugNow false DMCA'd me, and then false flagged me. I got 2 strikes, and got suspended for 2 weeks. Neither video was in violation of copyright or youtube guidelines (TOS). Well, today my account is suspended, so I'm assuming he probably false flagged or DMCA'd another video while I was shut out.

I had 6,000 subscribers, been on YouTube since mid 2007, 170 videos, and had almost 3 million video views. That's hundreds of hours and 3 years down the toilet in less than 24 hours, because someone decided to false DMCA and false flag in an attempt to get me removed.

YouTube also suspended my backup account, so I can't tell people there (likely because both accounts linked to each other and clearly said one is a backup account in the event of a false DMCA/flag).

Please spread the word. I'll be back to fill in more details here when I get back from our late 4th of July (on the 5th) family gathering.

 

[freedom0f5peech]

I got an email from YouTube that says the following...

----------------------------------

"Dear freedomof5peech:

We have disabled the following material as a result of a third-party notification
from (censored name) claiming that this material is infringing:

White Trash Atheist (False DMCA'd)
http://www.youtube.com/watch?v=u7NEJ_wRKLU

This is the third notification we have received alleging copyright infringement in
one of your postings. Consequently, your account has been terminated.

If one of your postings has been misidentified as infringing, you may submit a
counter-notification. Information about this process is in our Help Center:
http://help.youtube.com/support/youtube/bin/answer.py?answer=59826

Please note that there may be severe legal consequences for filing a false or
bad-faith notice.

Sincerely,
The YouTube Team"

----------------------------------

Keep in mind, this was my backup account (freedomof5peech), and not my main account (freedom0f5peech). Both of which have now been terminated.

Ok, I have to go meet the family now. I'll follow up more tonight.

SPREAD THE WORD GUYS!

 

[JRChadwick]

I'd gladly allow you the use of my channel to post a video. I have several high subscribed subscribers who will be happy to help as well.

 

[damaxman]

ROFL! The prick DMCA'ed me as well. I havent the time to dig into it in depth at this moment (I have a Lab report due tomorrow morning), but I assure you, I will be seeking legal justification =)

Details:
ATTENTION

We have received copyright complaint(s) regarding material you posted, as follows:

* from Allen Oluf about White Trash Atheist (False DMCA_d) (Mirror) - damaxman
Video ID: 5lP6T-Dgrp8

Please note: Repeat incidents of copyright infringement will resul in the deletion of your account and all videos you have uploaded. Please delete any videos for which you do not own the necessary rights, and refrain from uploading infringing videos.

If you are unsure what this means, it is very important that you visit our Copyright Tips guide.

If one of your postings has been misidentified as infringing, you may submit a counter-notification. Information about this process is in our Help Center.
Please note that there may be severe legal consequences for filing a false or bad-faith notice.

For your reference, a copy of this message has been sent to you via email, and can also be located in your Account Warnings page.

 

[TheFlyingBastard]

So why not mail youtube back as said in the email and tell them it's a false claim?
After all, it IS fair use, right?

 

[damaxman]

Tis in the game plan, I need to consult with people who know how to address these matters first. Before today, I was a DMCA virgin, so I am going to attempt to acquire as much legal advice as possible before I do anything (even counter-notice.)

 

[Aught3]

Can you find somewhere else to post the video so we can watch it?

 

[damaxman]

It appears that all copies of the mirror have been taken down on YouTube. I have a copy on my hard-drive, if you would like me to send you a copy, please advise on the best method to do so.

 

[Demojen]

Please do not give Youtube your REAL address when sending a DMCA counterclaim.

Go get a postal box or something, but do not share that information.
Youtube will send that information to the other party in case they want to pursue legal action and historically these individuals have been known to threaten people directly after obtaining such information.

Contact YouTube to discuss your issue directly with the following heading

Attn: YouTube Copyright Infringement Notification

1st and 2nd Floor
Gordon House
Barrow Street
Dublin 4
Ireland

Email: cacopyright@youtube.com
Fax: +353 1 437 0741

 

[damaxman]

Please do not give Youtube your REAL address when sending a DMCA counterclaim.

Go get a postal box or something, but do not share that information.
Youtube will send that information to the other party in case they want to pursue legal action and historically these individuals have been known to threaten people directly after obtaining such information.

I appreciate the advice, however, I don't intend to simply file a counter-notification. My will is to drag this little prick into court, and give him a proper education on how wrong what he did actually was. Before he did this, I even posted a C&P of the terms of use 6c on his channel. To me, this is now personal.

 

[Prolescum]

http://www.eff.org/issues/intellectual-property/guide-to-youtube-removals

 

[Demojen]

Youtube is a safe haven for pedophiles and stalkers who could get your personal information as easily as filing a DMCA claim. The history of it's management has always been shady and full of exploitation. Be careful when dealing with a blind and ignorant "big brother".

 

[damaxman]

Just wanted to post the upload from rapidshare before I go to bed.

http://rapidshare.com/files/405212934/White_Trash_Atheist__False_DMCA_d_.mp4.html

Night all, and TYVM for the feedback. It is much obliged. I am quite looking forward to waking up tomorrow. =P

 

[Aught3]

So I watched the video and it seems that almost the entire audio track has been lifted from another YouTube user. Is this the case?

 

[freedom0f5peech]

I'm trying to make a video to let everyone know what's happened, but it's really difficult to make a video right now, as there is a lot happening IRL. This suspension couldn't have come at a worse time.

I made a new account, and I will post an update there soon (hopefully tomorrow). In the mean time, I started uploading videos from my old channel to my new one.

http://www.youtube.com/freedom0speech

Before my channel was terminated, I had 6,000 subscribers, about 2 and a half million video views, and 170 videos. I created the channel in August of 2007.

 

[freedom0f5peech]

I put up a video letting everyone know about my new channel. If you'd like to mirror it, you can download it below.

Watch here:
http://www.youtube.com/watch?v=zekQxprzdbE

Download to mirror here:
http://tinyurl.com/freedomdmca

You can also download the false DMCA'd video here
if you'd like, however it's quite large:
http://tinyurl.com/hugnowfails2

 

[Pennies for Thoughts]

Thunderf00t is one of the brightest contributors to YouTube and creationist/apologist VenomFangX is a piece of work who pulled the false flag and false DCMA stunt on him. False DCMA filings are against the law. Thunderf00t offered a truce if VenomFangX made an apology video and let Thunderf00t hold its copyright. http://www.youtube.com/watch?v=T_MYyc-PtH4

I think Thunderf00t let him off easy. The abusers of flagging and DCMA, who are rampant against rationalists on YT, need to get punished and publicized. YT needs some punishment too. A takedown based on false DCMA claims means that YT is advancing the false DCMA claims itself. YT is completely aware that rationalists are targets for false DMCA's yet the organization still refuses to apply an ounce of critical thinking to any DCMA claim, which they would if they were co-defendants.

 

[damaxman]

Thunderf00t is one of the brightest contributors to YouTube and creationist/apologist VenomFangX is a piece of work who pulled the false flag and false DCMA stunt on him. False DCMA filings are against the law. Thunderf00t offered a truce if VenomFangX made an apology video and let Thunderf00t hold its copyright. http://www.youtube.com/watch?v=T_MYyc-PtH4

I think Thunderf00t let him off easy. The abusers of flagging and DCMA, who are rampant against rationalists on YT, need to get punished and publicized. YT needs some punishment too. A takedown based on false DCMA claims means that YT is advancing the false DCMA claims itself. YT is completely aware that rationalists are targets for false DMCA's yet the organization still refuses to apply an ounce of critical thinking to any DCMA claim, which they would if they were co-defendants.

As I have consulted my attorney about this matter (because believe me, I wanted to make a public message of this fool) the fact is, it is almost pointless to sue for this. Basically, I would be first, having to convince the judge that it was in fact fair use (that part is easy) but then this issue lies in my claims for compensation. You see, seeing as how I make no money from it, I am not entitled to losses during the time the video was taken down. Essentially, the only things I could go at him for would be the cost of my P.O. Box, and if I was so inclined, pain and suffering...there is a sub category here for aggravation (I'm no lawyer, so don't ask me specific details.) There is also the matter of recovering my expenses for legal fees. All of these things combined, what do I get out of it? Frankly, my options weigh in as this:

Sue, possibly loose a lot of money for legal fees, and if I win, I COULD recover my money

Choose not to, eventually have the video reinstated and laugh at the kid until my abs look like Arnolds, and avoid all the hassle of going to court etc..

I was advised that as far as the fair use goes, this would be a, and I quote "the hammer would come down before he even got off his opening speech" case. However, my lawyer did advise me to wait for the counter-notification to go through, and proceed from there if I choose to.

There is nothing I would love more than to vlog his ass crying in court, but at this point, I'm somewhat iffy on whether I care enough for the hassle to proceed.

 

[Pennies for Thoughts]

I'm no lawyer either, but the comments you posted make sense from the civil law point of view. You might ask your lawyer about the slander/liable point of civil law, but if you're in the USA rather than Britain that might be difficult too.

I think Thunderf00t got to VenomFangX with the threat of criminal prosecution. Something moved VenomFangX to apologize because he doesn't seem like the type to admit he's wrong, as evidenced by his logic impaired videos. I'd recommend contacting Thunderf00t through YT to start a brain-picking session.

I also did a search for videos complaining of YT's behavior toward false DCMA claims and found quite a few videos. I don't know if they lead anywhere since I don't have time to view them, but it's nice that you have allies.

My biggest beef is with YT for being so spineless about false flagging and false DCMA filings. As it happens, one of my roomies works for YT. I brought this up to him and he said that YT's #1 priority is to avoid copyright infringement suits. This explains why they jump to take down the victims rather than the perpetrators. This is wrong way around. Those who file false DCMA claims need to be taken down.

 

[borrofburi]

I'm no lawyer either, but the comments you posted make sense from the civil law point of view. You might ask your lawyer about the slander/liable point of civil law, but if you're in the USA rather than Britain that might be difficult too.

Or the perjury point of view.