The DMCA, take down notices and counter notices

[GrimmReeferX]

haha, what happened to the rest of the description?

[stopDMCAabuse]

The best information i have found on youtube yet.

well done Dprjones

[freeamerika00]

An individual can be transported to another country and Jurisdiction can be upheld

for honest services wire fraud.

[freeamerika00]

If you would like to file a DMCA against one of these atheist individuals file it through a lawyer, or spokes person.

Otherwise they will counter claim,then gain your personal info and may attempt to blackmail, threaten, or harass you. These are civil suits, you do not have protection unless it becomes criminal. For DPRjones contact Interpol.

[freeamerika00]

I'm sure you have taken the wrong legal advice from DPRjones. Dprjones does not have a legal license to practice in any state in the USA. Nor can he legally represent you here in the USA.

In order for you to claim as a Defendant in a DMCA, first you have to prove it was fair use of any Company or Corporation, or individuals property, you will need to go to court and prove it was fair use. Fair use is determined ONLY by a Judge.

[freeamerika00]

If you got a notice from the entitys lawyer take it seriously. If you got it from an individual take it seriously. It's similar to a cease and desist. If you think you can black mail an individual with perjury charges think again. You will can be charged with blackmail and coercion. YT is the only entity, which can ask a Judge to charge someone with perjury. When you find the person who has been charged with perjury for a false DMCA makes a video. Until then.... follow copyright laws.

[freeamerika00]

Dprjones is NOT a lawyer.

[TehFryingIrishman]

I can't hear shit. Anyone else have this problem? I can barely hear "Hi, dprjones here".

[moveste]

@TehFryingIrishman

On my XP laptop's built-in speakerettes, the volume is roughly like on Thunderf00t's vids, i.e. clearly below average, but still not only audible but also just about loud enough.

Hope you get this solved.

[acetylslicylsyra]

This is what you get when you have too many laws.

[ZephyrEire]

very interesting, definitely explains why DMCA's seem effective at first...until the fool filing the false ones messes with someone willing to take the proper counter-measures

but does it explain why YouTube has a tendency to ban, even temporarily, people who are getting false ones filed against them? Shouldn't their only measure be removing the videos while it gets sorted out?

[aimforcentermass]

Thank you for lending your expertise.

[1RadicalOne]

I believe there's a typo in the email. "youtbube"?

[Sweetkittenpie]

Might be intentional, for legal reasons?

Or might just be a typo, I'unno

[yookayman]

I thought there were more laughs and jokes in this video than usual.

[nebulajr]

Thanks for the legal advice.

[C0nc0rdance]

Thank you for this, dprjones. We appreciate the effort and support. Everybody hates lawyers until they need one.

[MaxSafeheaD]

I only dislike lawyers.

I hate the incompitent politicians who make a job as a lawyer possible.

[achtungcircus]

Um, my GF is a lawyer.... hate her?

Not fucking likely.

More likely fucking.

[ZephyrEire]

To put this fellow in perspective for the passerby, I think this guy is trying to act so absurd and ridiculous to give dpr some easy target practice if he wants it. Dpr doesn't need any more examples of craziness to work with, he's got quite enough already. Speaking to the my fellow fans, don't waste a few minutes on this guy like I just got suckered in to doing.

[vetromaster]

Are you cannon fodder, ironic atheist, really dumb theist or a 12 years old teenager?

Your videos are laughable, but of course if you insist you can continue to make them.

[TheFlST]

ISnoGOD12

I saw this same comment on dpr's channel, you've been caught. Nice job spamming, you fucking loser! XD

[MaxSafeheaD]

OR

maybe you're not the center of the universe after all?

[dannypantsgm]

Well aren't you helpful.

[scionlightning]

'Ey, what do you think your doin usin' my name as a copyright infringer...I don't do that sort of stuff. REALLY!!!

[puellanivis]

The best recommendation within the USA is to send the letter "U.S. Certified" mail by the US Postal service. Sending a letter as such requires the signature of the addressed individual or an authorized agent. Sending your notice to youtube certified mail will generate a return receipt, and you will receive an acknowledgement of delivery. This is how pedantic US lawyers send letters for service.

[beriukay]

Nice job, sir.  Looks like you've done a lot of footwork.

[nidodson]

YouTube really should set up special copyright owner accounts, so Fox, MSNBC, CNN, Universal, and so on all have their own accounts for filing DMCA. Then people who do not have those accounts have to sign up for them, show proof of address, phone number, and ID, then proof of ownership for their first 5 DMCA complaints. (Small guys can wait for videos to be taken down for the first 5.)

Also, who files DMCA should be shown to the people they are being filed against by YouTube's policy...

[FredricF]

A question.

If you post a counter notice you reveal your personal info to the one who submitted the "false" take down notice. But if you want to sue for false DMCA you need the personal info for the submitter. How do you get this info? It seems to me youtube would have to reveal it.

[urantivirus]

YouTube isn't an internet service provider. An internet service provider(ISP) provides the internet itself. My ISP is my local cable company.

[lubermanl]

I'm not sure what the distinction is between an ISP internet provider, or a service provider based on the internet. Its quite possible that youtube is an internet service provider. Although their services is not providing internet, it is providing an internet services.

I'm not sure if/how the distinction is made legally.

[urantivirus]

I can definately seen how it can be taken both ways. But the companies providing internet are commonly refered to as internet service providers or ISPs. Then again, it could be a regonal term. Common in North America.

[NichtDieseTone]

True.

[RyuDarragh]

"legal departments who wear" :P

[shadowcnidarian]

False DMCA claims stink but I also think it's hog wash that most ISPs don't even notify you of requests on your identity. All they to is notify you that they will not notify you further when it's requested, and that by continuing to use their service you agree to their terms. Most major ISPs do this, and there's virtually no competition in any given area.

[joda711]

Fantastic. Perhaps this with suits against the people filing them could stop these false DMCAs

[KelvinGreyheart]

I don't think that they would attempt to sue youtube. The DMCA means that they don't have to. Google has so much money that they could stall an attack for ages and incur many millions in losses for the CR holder if they sued.

If anything the MPAA/RIAA want to go after persson a and b because they don't have the means to afford adequate defense, and can be drowned in unending tides of BS paperwork that takes time and money to go through. They don't need a case, they just need to wear you down.

[kmi187]

Very informative video, thanks for digging up all the information.

[InfidelAvenger]

Some day, I hope some creationist scum tries to DMCA me. I promise it would make good material to post about on here. LOL

[HakaWog]

Doubt he could be bothered watching your boring videos. Dumb fuck.

[ILYIAB]

I thought saying "God did it" was good enough.

Joking aside, excellent vid and Thanks.

[Nessa544]

DPRjones, there is a group on youtube that NEEDS to be exposed. "AllianceofChrist" they have been flagging and making false DMCAs They make up of some of the worst anti freedomofspeech bigots on youtube.

[sidplicity]

Damnit Dpr next time in UK, Stella's on me for good work.

[Surhotchaperchlorome]

See a video about the DMCA from a user named ShaneDK.  He goes into why the DMCA is a horrible law.

[LarryM5]

Excellent video and very informative. This video was anything but boring. Keep up the great work.

[wolfeedarkfang]

LOL

"movie: the second return of venomfangx"

Innn threee deee!!!

*spooky organ music*

Sorry couldn't help myself. :)

[wolfeedarkfang]

Dr Jones i want to thank you for this video. Today everyone i mentioned in that PM i sent you the other day has had their videos and channels restored. Whoever did it was caught with their hand in the cookie jar. They tried to hit felinoid again and got nailed. Serves them right.

[deefsound]

Really helpful video dpr.

Thanks for posting it.

[drunkasssteve]

Very informative and not at all boring.

[OktoberSunset]

Youtube have to take down a video that gets DMCAed, but they don't have to suspend peoples accounts when it happens. given the number of false notices, they should do what is required of them under the law and no more.

[KitsuneVoss]

To protect yourself, could you use a mail box address? I don't know what you could do for phone number though?

[QuirksMode]

I have to say, I think it's a bit sad when american legislation more or less becomes international law.

[shadowcnidarian]

That's how it's been for a long time. Look at the drug policy.

[RodHullIOnceWasHim]

Is it possible to file a false DMCA against yourself...?

As they seem to be the main issue here could YouTubers do this on mass and highlight the system's stupidity ...?

[Idiotofthedayaward]

boy your life would not exist without the dmca

[prawnd]

Alan + Brian > PowerPoint!

In all seriousness, this is one of the most useful and unbiased vids I've seen. Thanks.

[DEFINEMETAL]

Good video

but what i dont get is

460 ratings and only 312 views?

[HereticSigma]

It's because Views upate every hour and ratings every 5 mins.

[nickiisixx]

0:38 We don't expect any laughs or jokes in *any* of your videos. :-)

[ThePeacefulAtheist]

who fuckin cares

[RyuDarragh]

I still insist it would behoove YT to do some kind of e-mail verification or require that takedown notices *also* go by mail or fax, same as a counter-notice... or *both*. The legal definition of expeditious includes the notion of all due diligence and if that means a day or two for mail to arrive and/or verification of some kind (even automated), tough nouggies.

[shadowcnidarian]

No, that doesn't please the corporations. Their precious alleged material must be protected above all else.

[RyuDarragh]

It's corporate inertia on YTs part. The big boys with legal department who hear big boy pants have no hesitation or dislike of making copius quantities of formal legalese on letterhead with the names and phone numbers of those to contact in said legal departments. It's allegedly for the "little guys" that the dumbed down and easily abused system is still in place. Meaning for YTs conveneience, not yours. I know whereof I speak from said lawyers for those corporate copyrightholders (3 companies).

[enigmatically]

the problems with the DCMA we experience now is a big reason why I called congress to try to keep them from passing it in the first place.

[jbz3]

Lol @ fan fiction under clearinghouse topics

[shadowcnidarian]

It's relevant.

[Philosoraptor77]

Nice work dpr.

I laughed when I saw "The Second Return of VenomFangX" on the movie screen.

[blackwolf1272]

Very informative, thank you dpr.

[jkproonps3]

In your example Around 1.40mins Brian who uploaded the video if he did appeal against the dmca notice and youtube and the person/company who made the orignal dmca notice did not respond within 14 days would the movie still be allowed on YouTube?

Know what i mean???

[dprjones]

If the server of a take down notice does not notify yt that formal legal proceedings have been issued with 10-14 days from yt forwarding the counter notice to them, (the server of the notice), then access to the video ought to be restored.

[AlanCFA]

Thanks for the info.

One of the points that Casey Luskin made to Qdragon was that Qdragon had not seen the claim so he could not know what was on it and thus would have no way of knowing if it was false.

A quick look at the claim form shows that Luskin's claim was idiotic and untruthful - the only info that is on the form is:

Contact Info for the person filing the claim.

Video Info (a description of "he work allegedly infringed")

The URL of the video

5 check boxes

Signature

[dprjones]

Given your comments, I'm not sure that you have seen their (the Discovery Institute's) "complaint" to youtube.

I have.

"All good things to those who wait"!

[AlanCFA]

So the Discovery Institute did not use the standard DMCA "Copyright Infringement Notification" as found by following the "Copyright Notices" link at the bottom of the page?

Please clarify to the extent that you are able.

Thanks

[dprjones]

Sorry, I can't.

I repeat - "all good things to those who wait!" - that's all I can say for now.

You won't be disappointed.

[AlanCFA]

I'm a little bit slow sometimes - I just tuned in to the "All good things to those who wait"! comment.

I'll be patient. Eager, but patient!

[anthonzi]

2 weeks is far too long in the digital era. Has the DMCA seriously not been revised since it was issued in 1998?

[DefendInsanity]

Actually, I don't believe the DMCA has been touched sine '98.

[kirke420]

Hopefully, I will never need to make use of this information, but you really are a great guy for giving up your own spare time to do this for the benefit of the community! Thank you!

[adamredwine]

Lowering the barriers to entry for would-be YouTubers. Thanks.

[hellshade2]

i know you said this might be boring dprjones but the 2nd return of venomfangx made it a little funny ;)

[noelplum99]

You are a great great man dpr and we would all be a lot more vulnerable without your presence.

[ghanamuscle2000]

The law is never boring; it is the foundation upon which human civilisation rests. As Cicero so rightly stated, "The laws place the safety of all above the safety of the individual" (De Re Publica, Xii VII). Good on you dprjones for reminding us of our social contract to the collective State - the law must be upheld, and you make a darned good case for it! Keep it up :)

[baxizach]

i love your serious stuff too:)  keep it all coming DPR!!!

<3 love, peace and chicken grease.

[Chal113]

Thanks for putting this information out there

[buzzausa]

That's good info.

Thanks dprjones

[kff]

Not too many laughs? 1:01. Ok :P

[rozeboosje]

Thanks. It's a veritable morass of legalese, that, but one worth wading through.

[CharBroiled04]

Amazingly done dpr, a very informative video. I have a little experience with this sort of thing, though mostly on the end of serving notices, rather than counter-notices, and I can attest to it's veracity.

[ManicEightBall]

I received a take-down notice and I filed a counter notice. I'm still waiting to hear back. I guess I'm either going to get my video back, or get sued. I wish there were a better way to do it.

[blues260]

just one thing DPRjones.. could you make your videos a bit louder ?

i can barely hear what you say.. and that now since quite some time.

[Vogter2100]

tatttoskin72 just had his channel suspended by the means of another false DMCA.

*sigh*

We need to DO something. Mirroring videos have NO fucking effect.

[Leehofooks]

You say, "Don't expect too many laughs or jokes in this video," and then right after that, you make me laugh with the name of the "blockbuster film."

You're a sneaky one, dprjones.

[SucculentJuniper]

Eimajuno had SEVENTEEN false DMCA's filed against him in the span of 3 days. A new record? I didn't know he was that popular xD

[rockerwere]

It is 21 now...

[redFISTofEUROPE]

are you insane jones?

you gave away youtubes private adress

you will be soooooo taken down :P

[cohnkrad]

Excellent contribution!

Be lawful rebeller!

Better to work by the law, than without any law. People making false DCMA is out for a hard time now! =)

[2DRonaldo]

It's utter madness, allot of the DMCA-tards that file false DMCA's are Nationalists and Extremist Nazi Thugs.

Having to file a Counter complaint would mean giving your address Details to the thugs which will end up on sites like Red Watch.

[djarm67]

5 star and fave.

DJ

[HAL9000unit]

It's good to know someone who has an understanding of law.

[shadowsguise]

Educating people on how to fight fraudulent DMCA take downs and making examples out of the people who abuse it is the best way to fight it. Awesome video.

[EyeLean5280]

Thank you for this informative video.

[Ripley747]

DPR - Would you recommend contacting them via the information you've given for things like false flagging or simply contacting them to contest unjust suspensions or only for false DMCAs? I know you tried to contact them when you got wrongly suspended. Was this the contact info you used?

[ixof6ix]

Excellent video, dprjones; definitely one to keep in the ol' YouTube toolkit for future reference.

[windham666]

counselor, could you please clarify this statement in your box "The paragraph that needs to be included in a counter notice served [by someone who resides] outside the USA is as follows.....

that part needs to be added. imho

as written it is not clear that only foreigners who want to use the US dmca are required to go to court in california. everyone from the US who files a counter notice gets the "home court advantage" ie let them come to alaska if they want some o me!

[Joshewah777]

A much needed video. Good job, Jonesy.

[lc237]

Thank you for taking the time and effort to clarify this matter. It was much needed.

[TinyCoconut]

DPRjones should be made the official judge of the internets.

[AbdultheImpailler]

Would that make AronRa the bailiff and Tf00t the warden?

[m0r1arty]

5 Stars dpr.

Reminded me a little bit of Simon Bates circa 1990.

"Whenever you rent or buy a video..."

Or better yet: v=IhOb7SogssE

Thanks for the vid!

[alp0062]

Great video.

Greenman3610's video "Watts up with Watts" just got DMCA'ed by Anthony Watts, a FOX weatherman that thinks he disproved global warming.

These people are cowards. If you haven't seen Greenman's series, Climate Denial Crock of the Week, go watch it.

[CBUEngineer]

Awesome! Thanks so much! One question, if we get legal advice from someone in our jurisdiction, would we be able to use their offices for the address information? Like instead of my home...

[dprjones]

No. Not on my reading of the Act.

[CBUEngineer]

Dang. Thought that might work. thanks again for this though!

[TETSUno1]

p.o. box?

For those of us that are lucky enough to be homeless....

[TheHogTieChamp]

Nicely done, dprjones!

As much as we criticize YouTube for doing nothing about votebots, harassment, pedophiles, false flagging, etc, YouTube is on the side of angels when it comes to DMCA claims.

If the claim is valid on its face, then the disputed content should be removed. If I owned YouTube, that's definitely what I would do, given the content of the Act.

Of course, if I owned YouTube, I'd deal with the damned false flagging!!

[EmilyTheGreat80]

Thank you for all the work you do, dprjones. This will be very helpful to some, I'm sure.

[jesusinagony]

You have armed us all with some powerful information.

[joshuakbrown200]

funny thing about the dmca it was originally for vcr's,cd's and audio cassette's.but most politicians interpreted it and mashed it up into the steaming pile that it is today.

[comface]

I'm sure this will very helpful to many of us, thanks dpr!

[ImposingSumo]

Ah, finally, someone's explained it to me. So am I right in saying that asnyone can easily get any video removed, with no evidence whatsoever, but to get it re-instated takes weeks of legwork? Seems like a flaw to me...

[Ripley747]

Sounds like it, but there is an "under penalty of purgery" clause so they can take it down easily but you can take the next few weeks getting your video back AND file formal changes that could land someone in prison. Purgery is a fairly harsh charge. To me, it's not worth it.

[bamboo4tameshigiri]

They constructed this law in such a way as that it endangers peoples (victims in this case) right to privacy, and maybe even their lives, from the trolls. This website has become a troll and bot haven, a "safe harbor" for intellectual vandals who are, themselves, criminals. This NEEDS to go to court and this bullshit law needs to be amended. There should be no legal obligation to exchange personal information until it is formally going to court.

[LostSimply]

I think it's VFX doing all the false DMCA's

[darkdevilmessiah]

Everyone is beginning to think it's VFX this time sending DMCAs again. I don't want to believe under there is a burden of proof and he is the one liable to commit the crimes.

[TheGreatPyro]

You've done a great service to the YouTube community, thank you! :D

[ArndTWS]

I think you have done a very good job at making a very clear and easy-to-understand explanation of this. Well done!

[Rotkreuz]

good video DPRJones.

[ScottTheAtheist]

Formal is mis-spelled in the description box, sorry had to point it out.

[TheAtheistSwede]

Good video. With the recent rash of DMCA claims I suspect there are a few out there in need of advice hehe.

[SirJock1337]

im an asshole, so i'll say first

[gof045]

good!

[TrippingOnAHeadShot]

Fuck false DMCA's

[ArtsySiridean]

Amen to that.

[ScrewLimbBizkit]

And Fuck the people reasonable for them