What is the DMCA?

Thank you to Cornell University's Legal Information Institute for the following resources:

Title 17 of the U.s. Copyright Code
http://www4.law.cornell.edu/uscode/17/usc_sup_01_17.html

Thank you to the Library of Congress for the following resources:

Full Text of the Digital Millenium Copyright Act
http://thomas.loc.gov/cgi-bin/query/D?c105:4:./temp/~c105xc93Nt::

Thank you to Wikipedia for the following articles:

http://en.wikipedia.org/wiki/Digital_Millenium_Copyright_Act
http://en.wikipedia.org/wiki/Fair_Use

Support the Elctronic Frontier Foundation:
http://www.eff.org/issues/dmca

I, the administrator of the Deamon Cohln Channel release this video into the public domain. I encourage everyone who wishes to upload this video to do so at no legal penalty toward themself or their organization. All information in this video can be found on the sidebar and it includes full texts of the DMCA and copyright code from the Library of Congress and Cornell University's Legal Information Institue. I support free speech and fair use. For more information on the DMCA, follow the link to the Electronic Frontier Foundation.

Support Free Speech
Support Fair Use
http://www.youtube.com/DMCAAbuse

Category:

Education

Tags:

• Digital
• Millenium
• Copyright
• Act
• Deamon
• Cohln
• DMCA
• DeamonCohln
• Fair
• Use
• Censorship

[themaskedanalyst]

Oh, and you are right. Technically the TOS says it is illegal to download videos--but they word it is terrible and incomprehensible to most readers. And, as you note, this is not something they enforce.

In addition, on at least one occasion they featured a video from a sponsor encouraging Youtuber users to download videos from Youtube in order to make a mashup.

See this video from Saw5, which they promoted on the front page for a couple of days.

watch?v=IZlb3IB_lvE

[DeamonCohln]

Indeed, and I pointed out that they have completely forgotten about it, so the DMCA is the only way people can get videos taken down in this way, and the people don't know that youtube owns a license to re-distribute said videos (also in the TOS)

[themaskedanalyst]

Excellent video! I could quibble with you about your statement that sending a DMCA complaint against another person who uses your video is illegal. First of all, depending on the circumstances their use of your video might be genuinely infringing and fall outside of fair use. Fair Use has to be judged on a case by case basis, so I would hesitate before making a blanket statement.

[DeamonCohln]

And I also agree, but if you knowingly file a DMCA 512 on a video which cites the other video in question and is giving fair criticism under fair use, you have committed perjury under Section 512 in Title 2 of the DMCA. The DMCA form on YouTube also warns of this and states it on the form. If you legitimately believe that it is infringing on copyright, then the DMCA is just, but if you are just attempting to silence, the you are committing perjury.

[themaskedanalyst]

I agree with this:

"If you legitimately believe that it is infringing on copyright, then the DMCA is just, but if you are just attempting to silence, the you are committing perjury."

The problem is proving what someone believes.

It all boils down to what the phrase "knowingly file" means. What is the standard?

Is the standard one of "Would a reasonable person know that this DMCA filing is wrong and that this video they are filing against is fair use"?

[DeamonCohln]

And this is why the DMCA Filing process needs to be refined a bit and why the Channel DMCAAbuse exists, to name and shame those who file falsely. If someone files falsely, and is called out, then retracts and apologizes, I will not hold it against them unless the evidence they are lying comes out.

also, love the channel TMA

[PuppyZwolle]

I salute you

[korwinblue]

who are you, and what did you do with Daemon?

[zizikelizike]

FUCK YOU DMCA ... Internet just got fucked up allot more ... WTH ... where can I get anime now?

Funimation you sick fucking greedy company ... What use do they get of blocking all their anime on the internet... How else can we watch it and buy your bluerays after they come out !!!

I'm never buying material from funimation again!

[LightningBeast]

this shit took down all one peace dubs !

[xBonderx]

Change the world.

No more intellectual property.

If you dont want your ideas/ material copied, dont make it. Users who actually care for the subject matter will make plenty. Twitter IS the news if used right.

Intellectual property is a poison.

[Gabrielregalado2]

@pacanime

oh 2 years ago ... good old times

[pavy415]

I'm gonna upload this my channel

[Dk67z]

Yes. This is important.

[xXxAhmedTarekxXx]

Mindfuck

[SuperAnimemaster101]

who else is innocent from infringement and STILL gets complaints .....me

[JacobDanielRay]

Mind if I mirror this video?

[drowningontheinside]

Way to go man! Thank you! Very informative and directly to the point. Nice job, i'll be happy to pass it along.