My videos have been reinstated! Here's how to file your own DMCA "counter-notice"

[ProjectCarTV]

LOLvenomfangx what a tool that guy was.

[DJTmaq]

What about a DJ. I'm sharing music, and giving full credits as to who it belongs to. And I'm not partnered. Can I do this and defend it? Bottom line, i'm not making money off of it.

[CIarKent]

a sent a counter a month ago and nothing happened!

[HeroLyrical09]

I hate these fucking assholes.

They don't own shit.

All they did is write some BS on a piece of paper claiming they do own the copyrighted material.

Fucking ass holes.

[xGuitarHero654321x]

I dunno if i should do this or not, i got banned for putting Avenged Sevenfold on my account, is there anyway i can get my account back against them?!?!!!

[iscay666]

When I go to that link, the 2 lines are not highlight blue and I cannot counter file a counter notification at all!, Nor can I delete the offending video. FUCK YOUTUBE!! They have become the lawyers 2 dollar whore.

[7651form]

If you need any help with legal costs, im sure that there are many members of the community who would donate....of course you would have to document it, lol. I'd prolly seperate with 10$ or so, to see this shit punished. Anyway, best of luck and much love.

[worldfamouskire667]

What I need to know is this.. and the whole reason I've hesitated these past 3 days NOT to file a counter-DMCA.

I know videogame commentary is common practice and within "fair use" act. If I myself do not own either the game featured or the audio used, and I know beyond a shadow of a doubt "E&S Productions Incorporated" is not the copyright owner (if there truly is a company under that name).. should I still file a counter-DMCA?

This being my first encounter of DMCA claim I'm new at it. Thx.

[worldfamouskire667]

What I need to know is this.. and the whole reason I've hesitated these past 3 days NOT to file a counter-DMCA.

I know videogame commentary is common practice and within "fair use" act. If I myself do not own either the game featured or the audio used, and I know beyond a shadow of a doubt "E&S Productions Incorporated" is not the copyright owner (if there truly is a company under that name).. should I still file a counter-DMCA?

This being my first encounter of DMCA claim I'm new at it. Thx.

[worldfamouskire667]

I think the fear of giving false information and doing jail time is what makes most people not pursue their rights against false claims made.

I had DMCA made against Kire667 on April 2nd 2010 and my page is IMMEDIATELY disabled.

The company "E&S Productions Incorporated" provides false DMCA claims on a video by Kire667 called "Prototype" it was a video discussing an XB360 game. Though audio used was R Kelly "I Believe I Can Fly" most times they mute audio and ask for audioswap.

[StabbedlnTheKunt6I6]

I think they removed the option to file a counter notice. Those 2 links are gone and now there just text and that's it. O_o

[iscay666]

@StabbedlnTheKunt6I6 Yes same for me, How do you file! this is crap!

[DevineKnightMare]

Can i do a DMCA counter-notification saying that somebody else uploaded the video and that I never ever knew anything about it until it was claimed as infringing copyright?

[wtfnord]

You can't. You are responsible for the content of your channel.

[DevineKnightMare]

It says Sanction 1

then there are two videos that they removed from my channel

is that one strike or two strikes?

[wtfnord]

If at the same time, and within the same notice, it counts as one strike.

[DevineKnightMare]

oh thank god

[Bob42jh]

One strike

[smartarse001]

Take that BITCH DOOOOOOOOWN!

[stagism]

You are awesome.

[OwnYouGood]

You should team up with dprjones and thunderf00t. Probably as a witness, since dprjones is a lawyer. It should help with this case.

[pfarabee]

Word of advice, though. Don't try to push for perjury, as Shawn did not commit perjury under the statute. The DMCA is fundamentally flawed for that reason. Namely, the accuser does not swear under penalty of perjury that the claim is true, but the defender must swear under penalty of perjury that the work is not infringing. The focus of your suit must be monetary damages. Since you are not partnered, and thus not monetarily affected, it could be that the only option is punitive damage.

[lordhathor]

Not partner, therefore, not directly monetarily damaged. However, youtube had been popping up a notification ever since I posted those videos, requesting that I apply for partnership, so it did harm the "market value" of my work, and did still infringe on my rights (punitive damages). Honestly, I expect to lose money on this over all. If I do end up somehow making a profit off this kid, every penny will go to sick kids hospital.

[Netanehka]

@pfarabee

It is just as much an infringement to falsely claim ownership of a copyright then it is to use a piece of work without the owners permission. I believe that when "Shawn" falsely claimed ownership of said copyrighted work then he committed a copyright infringement himself. Whoever the actual owner of the copyright in question is could sue "Shawn" for infringement. And that owner could use the original YouTube e-mail informing this user of infringement as evidence.

[RadarKat73080]

I did kiss my own ass once, I'm double-jointed, but I was reeeeal drunk!

[bangNL94]

teamfortress 2!!! nice

[assclowne]

Hathor... have you contacted DPRJones yet? he is in contact with Shawn's parents... Sounds like they have been working together on the issue.

[apcmatt]

"i don't care if it turns out he's retarded or something" hahaha

[Nebzz]

Does it matter that PCS is in Canada?

I'm also afraid that he would have our information and pull a Tony. Religious people are scary when they meet reality.

[jonstewartfanboy]

Bravo, 100%! This is the 2nd wave response after thunderf00ts merciful act I suspected (and hoped) would come if something were to happen again. I hope there is a large *group* legal pushback and you aren't in a minority of respondents. At this point, he needs his comeuppance for the sake of future victims of copycat censors. The Shawn wannabe's need to see how censorship is met. Speech => ok; Censorship => destruction. PCS would still be free to spew his bile if he didn't false DMCA.

[LordCustos3]

"you can't just apologize over and over and over again..."

Well, that's what Shawn has been taught...as long as Gawd Forgives then everything's okay...y'know...that kid you ran over will magickally come back to life, etc.

[lordhathor]

Non-partners can't make links to external sites in annotations.

[TraskNari]

Is that a Team Fortress 2 Logo I see there in the background?

[lordhathor]

yessir, I'm a spy at heart

//FUCK YO SENTRY BITCH//

[TraskNari]

Oh, you yellow bellied, gutless coward! /engineer

[lordhathor]

halolz [dot] com/wp-content/uploads/2009/06­/halolz-dot-com-teamfortress2-­gogetmoremetal.jpg

[TraskNari]

Well, if you say so, pardner.

Hey, if you play on Steam, I can pm you my steam ID so I can properly wrench your skull in.

[lordhathor]

I don't mind posting mine publicly.

I believe it's "thisnameissoclever" :-)

Speaking of posting info publicly, it is beginning to sound like PCS is using this whole knowingly-false-DMCA jive to acquire the personal information of everyone he doesn't like.... when you file a counter claim, your opponent gets your full dox!

[TraskNari]

Yeah, I've heard about all that stuff too. Really sounds like you guys have your hands full.  Good luck getting it all taken care of.

[jonstewartfanboy]

@lordhathor That is what the abusers of the copyright law count on to shield against pushback. Self doc dropping is hard to do when a lying sociopathic nutbar is censoring you. They are already breaking the law before it even starts, who knows who they really are or will do, but law abiding respondents get put into a bad posture right out of the gate.

Somehow, YT should provide some measure of identity protection until they can investigate it further and QUICKLY reverse the take down.

[LordCustos3]

No, it's the Holy Symbol of the Invisible Pink Unicorn.

[startreking2007]

The Flying Spaghetti Monster will be upset when he finds out about this.

[Bosco239]

You read all your comments...

Titty Biscuits!!!

You just wasted about 3 seconds there.

[lordhathor]

damnit.

[ChipZilla69]

Don't spend a fortune on this if the other lawyer doesn't help in the end. Just tag team with dpr and do it that way.

[mark44901]

"I'm taking this to the mattresses"

Nice way to put it

[DisforDubby]

Well Shawn filed a DMCA against me but I literally uploaded the exact same video (mirrored) that he posted, so I figure he was in the right on that one.

If someone copied one of my videos to their channel without my permission I might not like it. However if I made a reply to him using portions of the video, then I would be pissed.

[macnutz]

Thanks big for posting this information.

[Asciarius]

Sorry I don't have the skills and equipment, but when the dust settles, someone should make a video using old clips (under fair use of course)

Here's my suggestion for the backing music..

watch?v=16u0wwCfoJ4

[mangetuffa]

I can see that you play Aion :) On what server and are you Asmodians or Ely?

[VenomFangArchive]

After receiving over 40 takedown notices early yesterday morning that had been filed by Shawn, the Archive channel received a similar letter from YouTube and all vids have been restored. :D Ironically, three of the vids Shawn served notices on were vids others have made.

The letter from YouTube was a relief actually because of the near certainty that a huge part of Shawn's motivation was not as much to stop the vids ad get the personal info from the Archive channel.

[VenomFangArchive]

sorry...typo...as get the personal info, NOT "ad"...lol

[AbdultheImpailler]

I'm really on the fence here Thor, on one hand I do feel sorry for PCS b/c I'm sure he has mental health issues but at the same time I understand you have you right to counter-file and take him to court for his deliberate actions.

How much of a cause is the mental health issues to him going DMCA crazy, I guess that would be up to a court to decide, good luck man!

[kimmybear13]

Even if VFX had one, a mental health problem doesn't necessarily prevent someone from understanding and complying with the law - most people with mental health issues do just fine. If he has broken the law (again) he should experience some consequences.

[AbdultheImpailler]

@kimmybear13

agreed totally, see my latest vids about the whole mess if you like

[justanotherjacob]

YT has a counter-notification form available, in the "Submission" section of that help center article.

[AtheismandSkepticism]

what i dont get, is if he doesn't want people to know his name, why does he give out hundreds of DMCA's by his own name, not an alias or proxy?

I dont get it.

[articulett]

Stupid people are too stupid to understand that they are the stupid people.

[Otokogoroshi]

Godspeed man. Godspeed.

[Hereticbooks]

Way to go Thor! Good luck to you!

[godfree2canada]

call it the YEC'L and hide

[jimrbsn]

Ding Ding Ding..... WIN

[Zaimoren]

Could you please provide the proof that Shawn filed the claims after his account was closed. I'm not saying he didn't but I've seen nothing to prove he did. So many so quick to say he did without being shown any proof. If he did do it then he should be held responsible.

[Shaggy6386]

The DMCA notice that Thor showed at 0:24 clearly says "We have disabled the following as a result of a third party notification from Shawn ____ claiming that this material is infringing." I mean that's unless someone filed the DMCA in Shawn's name.

[lordhathor]

@Shaggy6386

they'd need detailed personal information from him, among other things. it's not simple to serve a dmca takedown notice, but it's possible it's a lackey. I'm still digging. I'll report what I find. :-) (not the personal information, but whether it's him or not).

[jamminjago]

i dunno whats worse, the error has occurred message, or the loading symbol that never loads

[Freshman000000]

Error message is worse, I think, it tends not to respond to "&fmt=5" more.

[tricklessmagic]

FTW!

[Dondonovan]

As others here have already pointed out I also hope that you don't chicken out. He has according to the dprjones video on Andromedaswake "dmca'd" up to 200 videos, If I remember correctly. So this is the second time VFX does this. Thunderf00t let him go then with that "apologize to the Internet" video. I think that was right. Now, however, he needs to finally take the consequences for real. So, once again, don't chicken out.

[12tod]

lordhathor, i plead with you to take this as far as it goes - to the very end. Please do not let us down and have sympathy with him.

[TheProf1988]

This video tells me that I have ''already rated'' yet this is the first time watching this video.

Oh well, I'll rate here: *****

[tiggeromega]

You, sir, are an epic badass! I wish you luck!

[soulshift14]

-You can't just apologise over and over again

Yep, agreed. Keep up the good work! ^_^

[theinquisitor]

"You can't just apologise over and over again"

Exactly, and yet that's the moral message of his religion. That all you have to do is ask for forgiveness and continue your immoral activities. That's why that variety of Christianity is evil.

[theinquisitor]

Does anyone know what actual penalty Shawn's crimes will carry? Is there a precedent for this kind of thing? Is there a possibility he'll get off with a warning or a small fine or something?

Just how serious is this? It's difficult to know how much of the apparent seriousness is hyperbole or exaggeration.

[Elenkhos]

I look forward to seeing how this works out.

[ASTCify]

Now that your videos are re-instated, are you still going to pursue legal action?

[thalamay]

awesome that you pursue the legal path. I thought both Thunderf00t and DPR were way too nice to VFX. Tech that little fucker a lesson.

[anthonzi]

7:00 agreed bro. He should have had his internet privileges taken away from him along time ago. We need to guarantee he either gets a kick in the ass or starts chugging psych pills. I'm just kinda disappointed that I didn't have any material for him to try to steal ;)

[myjizzureye]

Dear God PLEASE dont pussy out of this. Think of this as like WOW and shawn being in jail is like reaching level 100 or what ever it is. You go girl.

[PopeAtheist]

So, you are actually going to pursue this? I was hoping that dprjones would, but I'm not sure if he is going to take it as far as is needed. Keep in mind that I am not a frequent youtube user, but this issue has brought me here consistently the past few days. I will also be working on my own videos. I am glad to hear somebody say they will not let him off the hook. That is what I have been asking the others to do as well.

[anthonzi]

1:10 oh smoker ;D

[anthonzi]

1:02 or a troll lol

[zibbadow]

Well said man . The kid shouldn't be allowed to continuously Break the law . I understand thunderf00ts warning . He was trying to be nice .

 I even understand dprjones' ultimatum . More severe but keeping the kid out of jail .

But it's jailtime now . He didn't learn with a "slap on the hand " ! Hopefully the judge sees it that way too . Everyone tried to be diplomatic but Shawn wouldn't listen . He needs to be punished for real . Good job and good luck !

[ArtificialCleverenAI]

backoff

hd

[Bluelemonzz]

I'm proud of you! I was disappointed at both thunderf00t and dprjones for not going forward with this to court. Glad you're doing what they could not do!

[dangerouslytalented]

@Bluelemonzz Well being British, they would have had to travel internationally. Had PCS done it to Canadians, then things would have been different.

[theinquisitor]

"I was disappointed at both thunderf00t and dprjones for not going forward with this to court"

Has dprjones confirmed that? I know he said he'd let it go if Shawn left youtube for a year, but after filing further DMCAs after closing his channel and slandering dprjones, I doubt dpr would be inclined to let him off the hook. It breaks the spirit of the agreement if not the letter.

[Bluelemonzz]

You could be right.. We will find out.

[JonasC22]

Teach him a lesson mate. He needs to learn that his actions have consequences in the real world.

[AGrandt]

YouTube actually have a thought and does something right for once?

2012 came early I guess :)

[kingsdun]

To the mattresses!

[figtrin]

Vengeance is mine sayeth the Lordhathor!

[FatStupidAmerican]

Take this to the mattresses! Thor, you have my Pimp Hand.

[lordhathor]

I'll use it well. B-)

[NubianTribesman]

vfx is not retarded because hes in collage. if you can legally live on your own and attend collage then you can be held responsible for your actions.

[ShredderOfFaith]

As much as I hate to kick VFX while he's down, he's attending a BIBLE college, not a real school where you learn academic subjects. Shawn is also incapable of living alone as he, is still unemployed and totally financially dependant on his father as well as having no concept of the real world. dprjones has posted a video saying that this may very well not be Shawn. If it IS then by all means lordhathor is within his every right to take him to court. He's a 24 years old man. Not a child.

[dangerouslytalented]

He threatened to do this. The DMCAs came from a Canadian bible college. It all points back to Shawn. He has done this before, and will probably return and do it again.

[dangerouslytalented]

@NubianTribesman ... bible college...

[BionicDance]

I can't seem to get DMCA'ed to save my life. Ah, well...

Stick it to 'im, tell us all about it; I'll live vicariously through you. :D

[NoeLPZC]

I can't wait... I think I may orgasm in anticipation of this law suit.

[NubianTribesman]

Good job, and good luck Hathor

[roltthehunter]

I wonder if he wants to end up in jail. I mean Kent Hovind is in jail and he is one of Shawn's heroes. I mean what he is doing it seems like he wants to be put away. Eh maybe the guy is fucking nuts.

[GregQzag]

Dear Sir:

It is my sincerest wish that you succeed. PCS has several sock puppet accounts and while his main channel is gone, and he cant show his face or voice, I do believe he still hasnt learned his lesson as yet.

[SAsgarters]

Very informative. I'm not expecting to be DMCA'd, but it can't hurt to know how to proceed.

[KSGixxer76]

I noticed a TF2 icon there. What servers do you play on?

[drac16]

Perhaps you should open up a Paypal account before you act on this in court. I wouldn't mind sending in a donation to go towards your legal fees, and I'm sure there would be others willing to do the same.

[MasterOhSo]

well done...applause applause applause!

[tielec01]

Nice walkthrough mate, I havn't got any videos to DMCA but I'm sure it will be useful to someone.