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Viacom Yields to YouTuber Who DMCA Counterclaimed

Posted by Zonk on from the live-and-let-live dept.

Jason the Weatherman writes "Two weeks ago Viacom charged Christopher Knight with copyright infringement for posting on YouTube a clip from Web Junk 2.0 on VH1 that featured Knight's zany school board commercial. Two days ago YouTube reported to Knight that his clip was back up and that his account wouldn't be punished. What happened? Knight filed a DMCA counter-notification claim with YouTube: something that happens 'all too rarely' according to Fred von Lohmann at the Electronic Frontier Foundation. From the article: 'Almost no one ever files a counter notice. That's the biggest problem we've encountered [with DMCA claims on sites like YouTube]. Most people have no idea that right exists.'"

5 of 113 comments (clear)

  1. A class act by daveschroeder · · Score: 4, Interesting

    I'd highly recommend everyone actually read TFA (yeah, a possibly futile request), because his reasoned and sensible outlook would do many folks I know a lot of good.

  2. Think of the goodwill by Yurka · · Score: 3, Interesting

    Google would receive in the community, if they enclosed a blurb with the standard C&D letter sent to people whose clips they take down, informing them of this provision.

    --
    I can assure you, the best way to get rid of dragons is to have one of your own.
  3. Re:No Idea at All by Applekid · · Score: 3, Interesting

    'Almost no one ever files a counter notice...'

    I don't think it's so much that nobody knows counter notices exist, it's that most people infringing are truly infringing. That small percent that aren't and are bona-fide content creators? They'd sure as hell know. Or at least better know if they're going to put stuff online on sites like YouTube.

    That said, it'd be amusing if joeuser@aol.com submits a counter notice about his upload (some awesome video he "found") and then gets sued to high hell since it's "under penalty of perjury" that he asserts there's been a mistake.

    --
    More Twoson than Cupertino
  4. I've filed a counterclaim by nevali · · Score: 3, Interesting

    I once had a weird situation where I received a notice that somebody was claiming copyright of a photo I'd taken (a self-portrait of all things), on LiveJournal, by way of a DMCA notice.

    LiveJournal told me that I could file a counterclaim, and if the original claimant didn't follow it up, I was free to reinstate the photograph. I did, they didn't, so I put it back up.

  5. Hey, I *am* a nice guy! :-) by TheKnightShift · · Score: 3, Interesting

    He sounds undisclosed settlement happy. Though I actually think he is ust over-nice. If need be, I would have pursued this however far it had to go.

    But I'm glad that it didn't have to go any further.

    There are other things that I would much rather spend my time pursuing and engaged in. All of this past year there are projects that I've wanted to do but haven't been able to because there's been one fight or struggle after another. And as I said in the post, I don't hold anything against Viacom.

    I don't want to have an easier life because I "took Viacom to the cleaners" and got a lot of money out of it. I'd rather have an easier life because I worked hard and earned it on my own, having stayed true to my principles.

    And as for whether I "won" in this matter: I would rather it be said that I didn't win anything. In the end, the right thing was done, and I'd like to think that it was in a way that saved credibility and some honor for all parties involved.

    But if... if... this hadn't stopped now and I had to keep fighting for this, well...

    "Never start a fight, but always finish it." -- John Sheridan