Thinking Of Filing A False DMCA Claim?

[supersteelpokemon]

You know that Youtube doesn't need to disclose information?

[Gingerkiller99]

Well I did that before and nothing happened to me.

[kingdomheartspawn]

ya fuckin british cunt

[upload]

can i get in trouble for submitting a counter dmca for a video mashup? because I did, i shouldnt really get in trouble for it because they can be considered fair use right>

[Somespatanwarrior]

actually this wont happen all youtube handles these things internally by taking your video down or say i used muscisians music audio swap if i dont make money from it and you dont want me to use it i cant be sued so think again bitch

[NastymcNiggerpants]

Someone should file a DMCA against me.

[wrongwayup]

What we are talking about - and this is the problem on youtube - people that are using the DMCA report system of youtube to try to censor certain videos that they don't like. In other words, claims that have nothing to do with breaching of intellectual property at all. This is not what the DMCA was made for, and such claims are illegal.

Oh and dprjones, who made this video, DID get his facts from lawyers that he wrote to. If you've watched the video, you've heard him explain that.

[wrongwayup]

CAN get them in serious trouble. It's illegal to file a false DMCA, and the victim can sue you for it, and will most likely win. (And no, you cannot hide behind internet anonimity, because you have to provide your real name etc. when filing an official DMCA claim).

[Palifiox]

Bookmarked for the edification of a Yahoo! Answers troll.

[SilverMetallix]

There was once a video that was a webcam recording of a guy revealing a false DMCA claim. It was removed due to copyright infringement (WTF?)

[JACKtheRIPP3R189]

Ughh.... creationists.

[GundamAngelicDevil]

good ol' IP tracking lol that arse

[smashbeans]

thank you ffreethinker

[PanzerDivisionBOM]

What about someone who does not live in the US or the UK, and who files such a false claim? Would it still be possible to take YouTube to court in America or Great Britain for failing to take action against them, and if so, what results could be expected?

[aznpimp]

can someone summarize to me what happened in this video? i know who venom is, but what'd he do?

[blackturtleshow]

One way YouTube protects the identity of person C is to take videos down using the excuse that they contain inappropriate material that is in violation of their Terms of Service. There is almost always some way of interpreting the TOS so that a large number of videos can be seen as being in violation of them in some way. (Thus YouTube gets out of the DMCA situation you diagram in your video.) How do you go about challenging a TOS violation claim?

[FHomeBrew]

"Good luck, I went through 7 proxies ^_^ " As the saying goes...

[Graffight]

what is a DMCA notice?

[dutchvigilante]

Breaking rocks in the hot sun! great song..

uh,

Oh yeah, False DMCA's are bad.

[chinacat22]

You have no idea what yu are talking about. Who gives a fuck about venomfang. Read the law. Show me where a court can compel a third party to give information without establishing that that third party has some sort of legal duty. Yu just keep babbling without explaining your case. If you have the case authority cite it, if not blow it out your ass. LOl.

[chinacat22]

Cite the case cocksucker. Then read it you simpleton idiot. Kiss my big black ass. You can't compel person B unless you find some duty. dumb motherfucker.

[Minicracken]

A very important video, thank you for your work!

[victorisda69king]

i've been out of the loop fr awhile can anyone explain to me what does this have to do with venomfangx?

such a popular name lately...

thnx if you try to explain.

and well dmca sucks and i wish that youtube would go back to how it was b4 google purchased it...

[johnmiller666]

VenomFangX is a now banned YouTuber, he filed bogus DMCA's got caught out, and had to make an apology video, he was used in this video to show an example of someone who got caught out. fool4alifetime 's apology was good as well.

[victorisda69king]

Wow... that is embarrassing...

but thank you very much for catching me up!...

[chinacat22]

Your legal analysis is wrong. And your analogy is stupid. Who stuck a carrot up your ass?

[GothicJump]

Obviously you've never heard VenomFangX apologize, retard.

[chinacat22]

No, I haven't. But I do have a license to practice law in the US, with a specialty in intellectual property. Does that count? idiot.

[GothicJump]

LOLOL IT SURE DOES COUNT, you're obviously as "idiotic" as you think I am because there was already a court session for something like this and the same thing happened that you says is wrong, soo, you're obviously retarded and can blow that fake license out your ass.

[chinacat22]

Lick my big lawyer ass retard! LOL

[GothicJump]

Lmao, you're not a lawyer, you were wrong about something as simple as DMCA rights, and that's now documented on YouTube, so you're certainly not a good lawyer. . . And not only that, but you're trolling around on YouTube posting poorly worded comments. You have a favorite video that reflects also just how mature you are, you're just some kid who's ashamed of what he's done with his life. Nice comeback, by the way, it reflects on really, how far you've gotten in school.

[chinacat22]

You have no idea what you are talking about. Cite the case law.  How can a court compel someone to give over information about a third party without establishing that that person has a duty? You are a simpleton. And this video is wrong.

[GothicJump]

"Blah Blah Blah, No evidence, Spout!", Watch "VenomFangX apologies to the internets" and you'll learn something, hell, you might even drop your balls.

[generalbuttnugget]

What a lot of people don't seem to know is that the problem is not with the DMCA itself, its the people filing FALSE DMCA's, its not a "shitty law", it protects copyright which is never a bad thing unless abused.

[eierer]

The DMCA is such a shitty law.

[Deathmatchfan13]

how do you mirror vids

[muiere2]

God people are so paranoid.. The government is not going to spend money for some bull to investigate. look if you going to do something illegal get a laptop and use it in a fucking park. there are an average of 6000 new internet worms created and released daily.. When is the last time the government arrested anyone?

[ryanmail2004]

word.

So now the false flaggers know to easily block and/or change mac addresses all day long.

[JRChadwick]

I hope we can eventually get this resolved.

[DennyMclain2008]

sounds like a lot of work and money to ultimately find some kid typing in his basement .....who has no assets to go after. as far as perjury goes, what DA is going to drop his murder or rape cases to spend time on some insignificant dmca false claim on youtube? LOL dude... you really need a hobby.

[rohanwotan2]

Newsflash: Parents can be and regularly are held accountable for the actions of their minor children. The kid may not have assets.....but mommy and daddy do. Cars, homes, retirement funds....all up for grabs through a civil judgement.

Dprjones has a hobby: Youtube. You, sadly, need an education.

[DennyMclain2008]

what mommy and daddy have these days is debt up to their eyeballs thanks to the criminal bankers that support tyrannical corporatism (fascism).

we the people are the audience..... and we have a say in this dynamic. we have been suppressed for too long at the hands of the corporations and their high paid lawyers.

my statement previously, was one of pragmatism. sorry but my freedom trumps dmca usury.

[rohanwotan2]

Workers of the world, unite! You have nothing to lose but your chains!

Oops, sorry, but I have a soft spot for Soviet propaganda slogans like yours. Btw, Rejoice! Tractor production up 2% this quarter! Glory to the workers!

You seem to miss the fact that others have freedom to speak and that filing false DMCAs is a criminal and civil offence. People don't want to have to pay the financial penalty of filing false DMCAs? Great! They shouldn't file them.

[DennyMclain2008]

i find it amusing that one of the biggest dmca'ers on youtube is warner music group.... who is at the helm of wmg? edgar bronfman, whose family made money through organized crime.

and ur 'party workers unite' is a big miss. im as anti commie as anyone.. i just want freedom. small limited govt. not an oligopoly where corporations enforce corporate schemes. wake the fk up.

corporatism is fascism are you a fascist? my point was its a waste of time pursuing some kid in a basement with no assets.

[logoth80]

what is insignificant in claiming rights of something you should not?

acusing someone of stealing is not insignificant. it might lead to serious consequences.

[raramstad]

WTF is a falsche dmca claim/notice?!?! i'm soo confused. someone please reply to this comment

[tremedar]

DMCA(Digital Millennium Copyright Act)

You create something in digital media(a video on youtube, for example)and do not give permission for anyone to use said video in a production of their own, you may file a DMCA claim against them.

Filing a false DMCA claim refers to filing a claim of infringement where none exists, such as where you -have- given your permission to use material you have created freely, or if the material you are claiming has been violated isn't yours to make claim on.

[otakursed]

Damn straight . . . squeeze those bastiches for every bit of info possible. And the VFX vid only illustrates how YT or the ID proponentists feelings on the matter don't mean shit, if they happen to have violated the law.

[BenLovesKamelot]

venomfangx, fuckin cunt

[iDeist]

Jack Nicholson fucking rules.

[ferechi]

Hello FFreeThinker

Well I do not think anyone that wants to make a false DMCA claim will think it over because of this video. This video is very theoretical. In order to make You Tube do ANYTHING you must go to a lawyer. And who is really going to do that? 0.5% of the false DMCA victems maybe? As we know, Yout Tube doesnt do much if you ask them for help.

Sorry, this video is not convincing.

Sad but true.

Bye from Germany

ferechi

[tdisen]

The original poster appears to be dprjones, and if I'm not mistaken, he IS a lawyer.

[ferechi]

Hello tdisen and thanx for your reply.

OK, so even if dprjones should be a lawyer, So???

Then he is one of the 0.5% that will use the law to force You Tube to take action. Well thats good for him. But the avarege You Tuber will not have the money, time or the nerves to take an aterney for this stuff. You basicly are screwed if someone makes a false DMCA on one of your videos on You Tube. And You Tube does not give a sh**.

Sad but true

Bye from Germany

ferechi

[Fordi]

There's a sort of DMCA Abuse community here on YouTube that will help out in the event of false DMCA.

[cobrompton]

What is a DMCA?

[fenster666]

Digital Millennium Copyright Act

[eswyatt]

There is too much anonymity on the internet. If you're willing to say something derogatory about about someone, you should at least have to back it up by revealing your true identity to a third party (like YouTube) who can be made to reveal it to the person about whom you spoke if that person is damaged.

[bleedtheworld]

The best part of the internet is the anonymity. You should not have to expose who you are no matter what you say. Now if you do something asinine like file a false DMCA claim, or file a claim that has actual merit against someone, that is when your identity should be revealed, but only to the person you are calling out in such a legal matter. That's just my opinion, but fuck it this is the internet, who really cares? hehe

[eswyatt]

I think we're close to being in agreement. But I also think the law of libel/slander developed for a reason; to to give the victims of baseless defamation an opportunity to vindicate their reputations. Perhaps with the option of rebuttal on the internet, these laws aren't as necessary. It would be satisfying, though, to see a user who hurled a baseless 'pedophile' accusation at an enemy hauled into court and made to pay damages or prove the guy really was a pedophile.

[1140Cecile]

Thanks dprjones and FFreeThinker for pushing this issue. If something isn't done about this issue, along with False Flagging and Votebotting, the value of YouTube for promoting free thought and expression will have been lost.

Please support "Get Up and Walk Day" August 1, 2009, if YouTube has not done anything to resolve these issues. If all these issue still remain by August 1, 2009, simply move over to any other video sharing site. Google will lose revenue. Money talks!

[melbn]

internet cafe

[Disthron]

Even if you use a suck-puppet account they can still get your ISP. I guess you could try your luck going to an internet cafe or something but even then I'm sure there are ways to find out where a claim came from.

[MightyNeonFraa]

There are actually several ways to get around this. There's programs out there that assign your computer a fake IP Address that are read by websites like YouTube.

[Disthron]

Yea, but if they find out the address, even if you've used an internet cafe many of them have surveillance cameras. witch they could use to identify you.

[Ormaaj]

In this case, you would merely assign a 4th party which is the proxy holder. You take youtube to court which identifies the proxy owner, who you take to court to disclose the identity of the proxy user. This is why proxies are not a sufficient solution, and why there is a need for technologies such as Tor and I2P, which get around this problem with a cryptographic proxy scheme known as onion routing.

[WhiteDragon103]

If you want to file a false DMCA, use a sockpuppet account ;)

[WhiteDragon103]

And a proxy. ;) Sockpuppets and proxies. Good times...

[kingrexrex666]

i mean, what is digital millennium copyright act?

[kingrexrex666]

what is a dmca?

[ncfwhitetigress]

How can they find out about you if you give false details?

[Thothsglyphs]

I'm going to have to guess that they find out your IP address.

[ncfwhitetigress]

I haven't done anything illegal.

[Textra1]

From your IP address. Then you can contact the ISP that the address belongs to and subpoena the detail from them. But that will only work for static IPs. It can work with dynamic IPs too if a time can be supplied that the claim was made. So you can cross reference the time with who had the IP at the time. But if the user is behind several proxies or a public internet connection, it would take some serious investigation to find them, if it's possible at all.

[ncfwhitetigress]

I see. That's interesting. Thx.

[MyVideosAreMostlyBad]

IP address. Youtube logs them all, which will identify who your ISP is (among other things).

The ISP server logs your IP address as well, and can therefore identify your internet account, and therefore your address/name etc etc. If authorities get involved then of course they will make these details available.

Of course you CAN try logging on from an internet cafe, paying cash and hoping that you dont get filmed OR you could try finding an unsecured wireless connection in your area...

[Greywyn7]

Not if you're behind over 9000 proxies.

[WhiteDragon103]

WHAT, 9000????

[TheUnmaskedMagician]

good vid

[NYjon888]

Good luck, I'm behind 7 proxies

[CelGamer]

Think again! I'm behind 7 proxies! Nothing can touch MEEEEEEEEEEEEEEEH YEAAAAAAAAHHHHH!!

[Reproductivist]

Eh. People should rather make bots to file them against anything and everything to force the law to be amended.

[AEVautomatic]

just do it from a library comp with a fake account then.

[jordler]

this DMCA crap is just used when some one cant stand up for them selfs they go crying to youtube to take it down saying they are stealing stuff

[WolfRester]

no, the DMCA "crap" is for when people lack any self respect or respect for other people property.

[SCARREDMIND]

one day, there will be a member of that creationist institute, that will be stupid & self righteous enough to file false dmca.

and the lulz and drama shal be bountiful

[Zuul030]

RAmen

[DaKrabster]

@SCARREDMIND there has been tons of people doing that latley

[Thunderf00t]

great job on the mirror FT,

Rated, commented and fav! (featured too!- of a fashion)

[WAMMYSISCOOL]

Noice.

[SoullessAtheist]

I'm thinking that anyone who is dumb enough to consider filing a false DMCA notice is going to be dumb enough to not consider the consequences even when they are spelled out for them. After all, how often have we heard of people calling 911 for obviously non-emergencies like not getting any shrimp in their shrimp fried rice at their local Chinese restaurant? There are people who are just plain dumb.

[mikeJRthe2nd]

I do agree, people will think because this is the internet that they can get away with it, yet they don't know how powerful it actually is.

It sort of gives mean to the phrase, "Internets iz srs buzzinez!"

[mspookie]

Fundies are thugs and criminals.

[robertghouston]

Someone please tell me, what the fuck are DMCAs and what are their purpose?

[Nashy119]

Digital Millennium Copyright Act, they work in terms of guilty before proven innocent and shouldn't really exist anyway.

Google it.

[robertghouston]

I looked it up on Wikipedia after I posted my comment. What I'd like to know, is why do people file them in the first place?

[Nashy119]

To force Youtube to remove videos.

[wrongwayup]

In the hope Youtube will remove the video. In other words, to silence en censor opinions.

[robertghouston]

That's just fucking dumb... YouTube exists for those who wish to, to make their opinions known.

[wrongwayup]

Yes, but there are those who don't like opinions that differ from their own. They can't handle that.

Filing a DMCA looks like a quick 'solution' to silence someone, little do they know that filing a false one is illegal, and can get them in serious trouble.

[jeremizzle253]

Ever heard of Google or Wiki homie?! ;).... DMCA = Digital Millennium Copyright Act

[RaindropsFantasia]

Hopefully seeing this video some of the people filing these false dmca's will think twice because it is getting ridiculous now with all these accusations flying around and people being rightly or wrongly blamed.

[crazycrazycaleb]

Awesome.

I'm glad you didn't just take the claims of a troll on faith, and require evidence like any smart skeptic should.

Keep it up Dprjones.

Mirroring.

[Baronesa1980]

how come someone watching videos and proofs from over 5 different sources is a troll acepting claims on faith?

you simply fail

[PFWoody488]

Nail the cowardly lying bastards.

[DustyMay1944]

***** OUTSTANDING! *****

[AirPhforce]

You can't handle the truth.

[alucard9692005]

:-)

[barabellum80]

gratulations

[FranzDuckVideos]

Isn't it funny how nobody likes you?

[pyrix]

No one cares.