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

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Uploaded by on Jan 11, 2010

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

www.tinyurl.com/counternotice
www.tinyurl.com/youtubecopyrightagent

  • likes, 2 dislikes

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Uploader Comments (lordhathor)

  • 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.

  • 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.

  • "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.

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

Top Comments

  • 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.

  • 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.

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All Comments (116)

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  • LOLvenomfangx what a tool that guy was.

  • 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.

  • a sent a counter a month ago and nothing happened!

  • 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.

  • 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?!?!!!

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

  • 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.

  • @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.

  • 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.

  • 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.

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