DMCAs; because sometimes, your position has no defense...
...and because sometimes people take the piss and use your materials unfairly and without permission, but mostly because your position is indefensible.
A DMCA is perfectly justifiable ... IF you create video material on a commercial basis and one day you find some asshole has posted it on YouTube without your permission. Sadly some people don't seem to understand that.
Yeah, hence that second part in the middle there, but most people seem to have mistaken the "law" with a "club," and tend to use it in the case of being called on how foolish they are.
PS
Good job calling Mr Luskin on his professional foolishness.
Absolutely. Maybe we should try and find a good lawyer willing to take this sort of a case pro bono, and have him at the ready the moment one of us is in a position to take a false DMCA-ing asshole to court.
AFAIK, anyone could notify YouTube of a breach of copyright, e.g. if I spot a video containing clips of a Disney movie ... The claim against DonX2 was made by the Dishonesty Inst. So the weasels hid behind the broad back of their buddy, but I guess it is up to Faux News to follow it up, isn't it?
You can notify them, yes, by sending an e-mail or something. But in order to file a DMCA you MUST act on behalf of the copyright owner and with their consent.
hahaha damn, I thought about mentioning leasure but said, ah, don't want to be called a grammar Nazi and now look! Jeebus Chrost! Measure... leasure... makes sense. :) English is effed up anyway.
There is no legal code or moral code or even their own "top ten ways to be good" that these religious cunts think apply to them when they are promoting their fairy tale.
All their high-falutin' "morality" is only there to whack non-believers around the head with. It doesn't apply to themselves. Didn't you know that? :P
Not sure I agree with your description BUT good vid! I especially agree with the last part. How? How in the EFF? I mean, he sounded like a little kid who was out of breath trying to tell his mommy about some bigger kid who had just bullied him. Man... I haven't yet but plan to mirror the entire DX2 vid. Fox and DI be damned!
In all fairness to Fox, many people have gotten notifications that their mirror of DX2's vid contains content owned by Fox. Which is, of course, true. But other than claiming ownership Fox do not pursue any demand to take videos down or have audio disabled or anything like that, so fair play to them. DI, now that is an entirely different matter.
I know you went overboard to trim a lot out but I was just saying you could have left the fox part in and still been okay because it was part of the issue. the questions being asked, that is.
YT is blind it legally will accept EVERY dmca even falls ones. Only by fighting the dmca such can be undone.
Such is the power of the dragon called dmca, but also it can turn on it's caller. And perjury and the likes aren't nice things to have on your judicial sheet.
It's written into the DMCA rules and YTube's lazy hands are tied by this. If anyone makes a DMCA claim the video must be taken down. The legal fight begins after that with counterclaims and so on, but a DMCA Notice MUST be acted on as standard, or YTube would be breaking the law.
Indeed DMCA is not like a process only where eafter proof of ownership is given that action is taken. No it is a pre emptive takedown notice where ownership must be proven later.
Hence why the penalty on abusing it is also not small [geeh lucky that such penalty is there]
Not really, AnonEyeMouse. YouTube would not be breaking any laws if they ignored a DMCA claim. The DMCA gives YouTube a strong financial incentive to remove videos without question when they receive a complaint, but YouTube does have the option of ignoring it.
What the DMCA does is it gives YouTube immunity from copyright lawsuits that would arise over copyrighted videos posted to their site.
But if YT WANTED to allow a video to remain because they thought it was important and fell under fair use, they certainly have the option of ignoring it and risking a potential lawsuit. They DO have some choice in the matter, and if they tell you otherwise then they are liars.
My understanding was that if YT did not take a DMCA'd video down, even if that claim later proved to be unsubstantiated, they could still be sued for impeding the process.
If this is right, then it's fair to say they HAVE to remove DMCA'd videos because to do otherwise would be to an invite to sue them.
If this isn't right... well then it isn't and I'll shut my big hairy mouth.
They have to. The moment someone issues a DMCA claim, it's between you and them, and YouTube doesn't come into it, other than that it must be seen to not to hinder the process, and that is why they take videos down the moment a claim is issued. If you issue a counter claim though you have a right to ask them to re-instate it, and they are usually not bad at doing so.
I've been watching you like a hawk for over a year now, biding my time, waiting for any spelling or grammatical error. You've continued to speak and write flawlessly, making primary language Americans look foolish by comparison.
Not today, my friend. It's spelled 'leisure'.
LOL. I am only mentioning this because your English has always impressed me and I wanted to say so.
It sounds a lot like a SLAPP suit, which is common enough, and always always seems to come from the religious and/or ideological right, at least here in Canada.
There is something about religion that just makes people mean and sneaky and deceptive. It's really disturbing. They talk love in their churches whilst out on the streets take lowball tactics to anyone who opposes them. They behave like children.
All we can do is continue to expose their BS. You're doing a marvelous job of that :)
Shouldn't Fox News be classified as an oxymoron?
leorcc 2 years ago
LOL
rozeboosje 2 years ago
DMCAs; because sometimes, your position has no defense...
...and because sometimes people take the piss and use your materials unfairly and without permission, but mostly because your position is indefensible.
athywren 2 years ago
A DMCA is perfectly justifiable ... IF you create video material on a commercial basis and one day you find some asshole has posted it on YouTube without your permission. Sadly some people don't seem to understand that.
rozeboosje 2 years ago
Yeah, hence that second part in the middle there, but most people seem to have mistaken the "law" with a "club," and tend to use it in the case of being called on how foolish they are.
PS
Good job calling Mr Luskin on his professional foolishness.
athywren 2 years ago
T-foot took pity on venomFX because he was a stupid, delusioned individual so did not press charges.
Discovery Institute is not an individual so they should be charged and taken to court for their illegal actions.
golddigger159 2 years ago
Absolutely. I hope DonExodus2 is taking the necessary steps right now.
rozeboosje 2 years ago
Great video! Hope DI gets nailed to the wall.
themaskedanalyst 2 years ago
Absolutely. Maybe we should try and find a good lawyer willing to take this sort of a case pro bono, and have him at the ready the moment one of us is in a position to take a false DMCA-ing asshole to court.
rozeboosje 2 years ago
BTW, for a mirror to go through the automatic control, silence the intro music and cut off the "Moment of Zen" at the end, et voilà!
Kattarina98 2 years ago
Not quite - DonExodus2 posted text over Casey's utterances, and interjects with his own commentary.
rozeboosje 2 years ago
Yes, now I remember, the Dishonesty Institute did not just send a report, it actually claimed ownership.
Kattarina98 2 years ago
AFAIK, anyone could notify YouTube of a breach of copyright, e.g. if I spot a video containing clips of a Disney movie ... The claim against DonX2 was made by the Dishonesty Inst. So the weasels hid behind the broad back of their buddy, but I guess it is up to Faux News to follow it up, isn't it?
Kattarina98 2 years ago
You can notify them, yes, by sending an e-mail or something. But in order to file a DMCA you MUST act on behalf of the copyright owner and with their consent.
rozeboosje 2 years ago
these next few days are going to be interesting. I sincerely hope Donexodus nails the DI to the wall.
roentgen571 2 years ago
He is the only one who can because nobody has responded to THIS video or, as far as I know, to dprjones'
rozeboosje 2 years ago
hahaha damn, I thought about mentioning leasure but said, ah, don't want to be called a grammar Nazi and now look! Jeebus Chrost! Measure... leasure... makes sense. :) English is effed up anyway.
TruthSurge 2 years ago
The most irritating thing though is that I KNOW it should be "leisure" but I mis-spelled it anyway XD
rozeboosje 2 years ago
haste makes waste! hehe I find that the faster I try to do things, the more mistakes I make. Not to mention getting odler OOPS older. :)
TruthSurge 2 years ago
There is no legal code or moral code or even their own "top ten ways to be good" that these religious cunts think apply to them when they are promoting their fairy tale.
prodigyat9 2 years ago
Yeah, except it's a "fairy tale" like "friday the 13th" is a love story.
rozeboosje 2 years ago
If you can't beat 'em - silence 'em with a false DMCA claim. So much for not bearing false witness.
thatgaybloke 2 years ago
All their high-falutin' "morality" is only there to whack non-believers around the head with. It doesn't apply to themselves. Didn't you know that? :P
rozeboosje 2 years ago
Ah - of course. I knew the fault had to lie with me somewhere.
thatgaybloke 2 years ago
Well done!
It's great to have additional information on all this.
2bsirius 2 years ago
You're welcome.
rozeboosje 2 years ago
Classy!
spinkwotzer 2 years ago
Cheers
rozeboosje 2 years ago
Not sure I agree with your description BUT good vid! I especially agree with the last part. How? How in the EFF? I mean, he sounded like a little kid who was out of breath trying to tell his mommy about some bigger kid who had just bullied him. Man... I haven't yet but plan to mirror the entire DX2 vid. Fox and DI be damned!
TruthSurge 2 years ago
In all fairness to Fox, many people have gotten notifications that their mirror of DX2's vid contains content owned by Fox. Which is, of course, true. But other than claiming ownership Fox do not pursue any demand to take videos down or have audio disabled or anything like that, so fair play to them. DI, now that is an entirely different matter.
rozeboosje 2 years ago
I know you went overboard to trim a lot out but I was just saying you could have left the fox part in and still been okay because it was part of the issue. the questions being asked, that is.
TruthSurge 2 years ago
Certainly
rozeboosje 2 years ago
Yes "The fuzzy bits". As cockroaches are forced to live in the shadows so the woo woo nutjobs must lurk in the fuzzy bits.
grenangle 2 years ago
:-)
rozeboosje 2 years ago
Yet again, l am super-glued to my chair in anticipation of any outcome.
Good job, R.
draagon66 2 years ago
I can hazard a guess as to what will (or rather, won't) happen in response to this ...
rozeboosje 2 years ago
When i uploaded my Donexodus2 mirror i got a linked message in my videos saying "matched 3rd party content".
I clicked it and got the message "Your video, Casey Luskin Fails , may include audiovisual content that is owned or licensed by FOX News Network "
No mention of Disc Inst at all.
YT knows who it belongs to, why are they actioning DMCA's that aren't made by FOX News?
mark9165 2 years ago
YT is blind it legally will accept EVERY dmca even falls ones. Only by fighting the dmca such can be undone.
Such is the power of the dragon called dmca, but also it can turn on it's caller. And perjury and the likes aren't nice things to have on your judicial sheet.
masticina 2 years ago
It's written into the DMCA rules and YTube's lazy hands are tied by this. If anyone makes a DMCA claim the video must be taken down. The legal fight begins after that with counterclaims and so on, but a DMCA Notice MUST be acted on as standard, or YTube would be breaking the law.
AnonEyeMouse 2 years ago
Indeed DMCA is not like a process only where eafter proof of ownership is given that action is taken. No it is a pre emptive takedown notice where ownership must be proven later.
Hence why the penalty on abusing it is also not small [geeh lucky that such penalty is there]
masticina 2 years ago
Not really, AnonEyeMouse. YouTube would not be breaking any laws if they ignored a DMCA claim. The DMCA gives YouTube a strong financial incentive to remove videos without question when they receive a complaint, but YouTube does have the option of ignoring it.
What the DMCA does is it gives YouTube immunity from copyright lawsuits that would arise over copyrighted videos posted to their site.
themaskedanalyst 2 years ago
But if YT WANTED to allow a video to remain because they thought it was important and fell under fair use, they certainly have the option of ignoring it and risking a potential lawsuit. They DO have some choice in the matter, and if they tell you otherwise then they are liars.
themaskedanalyst 2 years ago
My understanding was that if YT did not take a DMCA'd video down, even if that claim later proved to be unsubstantiated, they could still be sued for impeding the process.
If this is right, then it's fair to say they HAVE to remove DMCA'd videos because to do otherwise would be to an invite to sue them.
If this isn't right... well then it isn't and I'll shut my big hairy mouth.
Oh... love your vids by the way...
AnonEyeMouse 2 years ago
They have to. The moment someone issues a DMCA claim, it's between you and them, and YouTube doesn't come into it, other than that it must be seen to not to hinder the process, and that is why they take videos down the moment a claim is issued. If you issue a counter claim though you have a right to ask them to re-instate it, and they are usually not bad at doing so.
rozeboosje 2 years ago
The DI are going to lose this big time! Can hardly wait to see their red faces ;)
musicgeniusno1 2 years ago
Or dribbling yellow, with all the egg on them.
rozeboosje 2 years ago
I've been watching you like a hawk for over a year now, biding my time, waiting for any spelling or grammatical error. You've continued to speak and write flawlessly, making primary language Americans look foolish by comparison.
Not today, my friend. It's spelled 'leisure'.
LOL. I am only mentioning this because your English has always impressed me and I wanted to say so.
eequalsfb 2 years ago
That's brutal.
Grammar stalking taken to a new artform.
Waiting for a sign of weakness to pounce.
Well done.
Well done, indeed....
ravenslaves 2 years ago
{grin}
rozeboosje 2 years ago
"That's brutal.
Grammar stalking taken to a new artform.
Waiting for a sign of weakness to pounce.
"
Grammar stalking! I love it!
prodigyat9 2 years ago
Oh drat! You're right. For shame, for shame. I also, btw, spelled "Luskin" as "Luskey" at one point.
rozeboosje 2 years ago
pour it on! good for you pino.
their is a fine wiki page on the tree of life. it can be illustrated many ways - like projecting a map.
floydstinkyboy 2 years ago
Yup!
rozeboosje 2 years ago
It sounds a lot like a SLAPP suit, which is common enough, and always always seems to come from the religious and/or ideological right, at least here in Canada.
There is something about religion that just makes people mean and sneaky and deceptive. It's really disturbing. They talk love in their churches whilst out on the streets take lowball tactics to anyone who opposes them. They behave like children.
All we can do is continue to expose their BS. You're doing a marvelous job of that :)
bagelboi66 2 years ago
I learnt a new term there. Yup. That's exactly what it sounds like.
rozeboosje 2 years ago
the tree of life so beautiful and yet clearly its not under the control of a "creator" after all casey luskin is a twig/twit lol
10phoenix01 2 years ago
:-)
rozeboosje 2 years ago
Nice one! I am extremely curious as to where this debacle will lead. :)
kirke420 2 years ago
The same place it always leads: embarrassment to them.
rozeboosje 2 years ago