YouTube Reposts Anti-Scientology Videos

Ian Lamont writes "YouTube has reposted anti-Scientology videos and reinstated suspended YouTube accounts after receiving thousands of apparently bogus DCMA take-down notices. Four thousand notices were sent to YouTube last Thursday and Friday by American Rights Counsel, LLC. After YouTube users responded with counter-notices, many of the videos were reposted. It turns out that the American Rights Counsel had no copyright claim on the videos, and the group may not even exist, although the text of the DCMA notices have been linked to a Wikipedia editor. While filing a false DMCA notice is a criminal offense, prosecution in these cases rarely comes about."

Comments

Should be worth pressing charges.

[jcr]

This isn't one count, it's about four thousand counts of fraud. I'm sure that complying with the takedown notices cost Google a non-trivial amount of money, too.

-jcr

Re:Should be worth pressing charges.

[IP_Troll]

I believe the most fitting punishment would be to revoke all Scientology related copyrights.

This is an arguable criminal case and a criminal prosecution would be a waste of time. It is going to be near impossible to prove anything beyond a reasonable doubt.

It is, however, a clear abuse of rights granted by the copyright law. The fitting punishment is revocation of those rights.


Please save the nitpicking arguments about if there is such thing as copyright "rights", that is beside the point. If a child can't be trusted with privileges, you take those privileges away.

Re:Should be worth pressing charges.

[initdeep]

revoking the copyrights would be moronic.

if that's all it took, then people would start posting fake notices (ie committing fraud) for the groups they OPPOSE, thus preventing the legitimate copyright holder from keeping their copyright.

punish the criminal.
in this case that is whoever sent the notices.

Re:Should be worth pressing charges.

[TheRaven64]

A DMCA take-down notice contains a sword statement that you are acting on behalf of the copyright owner. This means that it would be perjury to file a fake take-down notice, and also means that there's a strict audit trail pointing back to whoever authorised the take-down.

Interesting case of censorship

[megamerican]

Earlier this year radio talk show host Michael Reagan called for the murder of Mark Dice live on air. Mark Dice uploaded a 3 minute clip of the death threat to youtube. Reagan's lawyers filed a DMCA claim on the clip, youtube took down Mark Dice's entire channel which had a lot of original content and over a million views. Dice tried to counter claim but youtube did NOT reinstate his channel. Dice had to make a new channel and upload his content back.

The FBI or police would not charge Reagan for his death threats and Reagan is still on the air.

Re:Interesting case of censorship

[LWATCDR]

While calling for this guys death is over the top and uncalled for, Mark Dice is a to be kind not the nicest of people.
And I am a go to church every Sunday kind of guy. He is way far to the right by my standards.

  "Dice founded an organization,[1] variously called The Resistance,[2] The Christian Resistance or The Resistance for Christ, which espouses fundamentalist Christianity and professes conspiratorial beliefs about the Roman Catholic Church,[3] the Illuminati, freemasons, Skull and Bones, Bohemian Grove, the 9/11 attacks and Satanism, and which has been reported to "flood the airwaves of call-in radio and television shows"[4] to promote them. His 450 page book, The Resistance Manifesto details these beliefs.

Dice's activities have been covered by national media outlets. His focus is primarily on political activism, culture jamming, boycotts, and pop culture criticism.

He has called for the Georgia Guidestones to be removed from public property,[4][5] protested a Jessica Simpson music video,[1] called for a boycott of the VeriChip,[1][6] called for Duke University to change the name of its sports team (the Blue Devils),[7] called for rapper 50 Cent to stop wearing a cross,[8] and claimed that Scientology is a satanic cult.[9]

He recently launched a boycott against Starbucks, calling the company "Slutbucks", after featuring a logo of a topless mermaid-type figure.[10][11] He also endorsed Ron Paul's candidacy for president in 2008.

Dice is featured in Alex Jones' film The 9/11 Chronicles, which documents the activities of the 9/11 truth movement."

This is why the prosecution monopoly is bad

[MikeRT]

While filing a false DMCA notice is a criminal offense, prosecution in these cases rarely comes about."

Anyone should be able to bring evidence to a judge, and bring charges against someone in a felony or serious misdemeanor case. If someone shuts down your YouTube account via false DMCA notices, and a US Attorney won't take it, you should be able to hire your own prosecutor to press charges against the individual.

You know one major reason why this would be hard as hell to get passed? Because if it were passed it would not only pressure legislatures to write better, more consistent legal codes, but it would allow for pesky things like drug cops in cases like Kathryn Johnston's shooting death to be tried for manslaughter, perjury in securing the warrant and criminal negligence leading to injury or death.