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YouTube Identifies Birdsong As Copyrighted Music

New submitter eeplox writes "I make nature videos for my YouTube channel, generally in remote wilderness away from any possible source of music. And I purposely avoid using a soundtrack in my videos because of all the horror stories I hear about Rumblefish filing claims against public domain music. But when uploading my latest video, YouTube informed me that I was using Rumblefish's copyrighted content, and so ads would be placed on my video, with the proceeds going to said company. This baffled me. I disputed their claim with YouTube's system — and Rumblefish refuted my dispute, and asserted that: 'All content owners have reviewed your video and confirmed their claims to some or all of its content: Entity: rumblefish; Content Type: Musical Composition.' So I asked some questions, and it appears that the birds singing in the background of my video are Rumblefish's exclusive intellectual property."

730 comments

  1. Lies by Anonymous Coward · · Score: 5, Insightful

    "All content owners have reviewed your video and confirmed their claims to some or all of its content."

    Complete bold-faced lie.

    1. Re:Lies by durrr · · Score: 4, Insightful

      Oh not at all, you see, unless you're a big corporation with a lot of lawyers, you can't own any content. So they look "oh it's the little guy again" and "yeah this content would be nice to own" and with that, it's theirs.

    2. Re:Lies by pruss · · Score: 5, Funny

      It depends how you take the quantifiers. :-) In first-order logic, "all As are Bs" is automatically true if there are no As. In the case at hand, there are no content owners, because nobody owns the bird songs (not even the birds). So, all content owners have reviewed the video and confirmed their claims. Likewise, all content owners have seven legs.

    3. Re:Lies by Sulphur · · Score: 2

      "All content owners have reviewed your video and confirmed their claims to some or all of its content."

      Complete bold-faced lie.

      Lyrebird in violation of copyright law, Film at 11. No wait, our legal dept. forbids it.

    4. Re:Lies by ben_kelley · · Score: 1

      content owners

      You think? I'm torn between wondering if perhaps they have ... friends in high places, or whether it is worth checking for the BRIAA logo on the letterhead anywhere.

    5. Re:Lies by qualityassurancedept · · Score: 2, Informative

      The idiom is "bald-faced"

      --
      if your life is such a big joke then why should I care?
    6. Re:Lies by martin-boundary · · Score: 1

      It doesn't matter what they reply, the choice is yours. If you refute their claim (counternotice), then the dispute must go to court or you get your stuff put back, according to the DMCA.

    7. Re:Lies by gl4ss · · Score: 2

      well, they did confirm.

      too bad no 3rd party assesment of the claims was done though!

      basically they could claim anything and everything under their copyright. and then they'd have to review it themself...

      --
      world was created 5 seconds before this post as it is.
    8. Re:Lies by Kenja · · Score: 4, Funny

      Clearly you've never heard Bjork sing.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    9. Re:Lies by Anonymous Coward · · Score: 0

      I'd actually try to take them to small claims court and try my luck there. They seriously shouldn't be allowed to make false copyrights claims on original user content.

    10. Re:Lies by eriklou · · Score: 5, Funny

      Chewbacca's lawyers called, they want his defense back.

    11. Re:Lies by reboot246 · · Score: 2, Informative

      It is "bald-faced", not "bold-faced". You're just as wrong as he is.

    12. Re:Lies by Anonymous Coward · · Score: 0

      The implicaiton being that people with bald faces are liars ;) One more reason not to shave my beard!

    13. Re:Lies by MrLint · · Score: 5, Insightful

      Which would be conspiracy to defraud. Other than your sarcasm, this isn't actually to far from that. Google makes money on false claims, the media company makes money on false claims. They claim it was reviewed. The claim of it being reviewed, and if it not in fact copyrighted, that attaches intent. The counter claim would have to be 'error'. However to go to court and claim error of the reviewers, in the case of birdsong, would be tantamount to claiming abject incompetence, bringing in to question every other alleged review.

    14. Re:Lies by Anonymous Coward · · Score: 0

      I'm sure YouTube would be happy to refund the uploader his entire purchase price if he asked nicely.

    15. Re:Lies by Anonymous Coward · · Score: 0

      I think this is vacuously true; it is an empty statement. It is equally true that all A's are NOT B's.

    16. Re:Lies by Mabhatter · · Score: 4, Informative

      This is the findamental problem with the USA system that "free" and "public domain" are not "owners" so they have no rights because public domain can't hire lawyers... As much was said when Lessing tried to argue that Public Domain needed a voice in copyright legleslation to the SCOUS.

      So pretty much the first person to record and file gets the copyright... The law has no mechanism to verify that "nobody" can claim something...

    17. Re:Lies by Doctor_Jest · · Score: 0

      Not to pick nits, but there are as many who claim the idiom is "barefaced lie" (from the British version.) Came from something in the 1700's. Some say Bold-faced lie pre-dates that, but it's in dispute. But we can agree "bold-faced lie" is pretty much not it. :)

      --
      It's the Stay-Puft Marshmallow Man.
    18. Re:Lies by Anonymous Coward · · Score: 0

      This used to be referred to as: "the fox guarding the henhouse".

    19. Re:Lies by mooingyak · · Score: 5, Funny

      I have 5 arms

      Now THAT'S a bold-faced lie.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    20. Re:Lies by Anonymous Coward · · Score: 0

      Apparently they've signed a contract with the birds in the video?

    21. Re:Lies by Higgins_Boson · · Score: 1

      Why must you lie?

    22. Re:Lies by qualityassurancedept · · Score: 0

      I don't think I really deserve the "troll" mod... sheesh.

      --
      if your life is such a big joke then why should I care?
    23. Re:Lies by __aasdno7518 · · Score: 3, Interesting

      Oh not at all, you see, unless you're a big corporation with a lot of lawyers, you can't own any content. So they look "oh it's the little guy again" and "yeah this content would be nice to own" and with that, it's theirs.

      Sums it up very nicely..Soon they will even own the air we breathe.

    24. Re:Lies by Curunir_wolf · · Score: 1

      The damages in this case would be the ad revenue that went to Rumblefish instead of the rightful owner of the video.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    25. Re:Lies by KiloByte · · Score: 1

      And what's wrong with that? It is abject incompetence, although I'd rather go with "malice".

      Bringing into question every other alleged review would shine some light on Rumblefish's actions.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    26. Re:Lies by Anonymous Coward · · Score: 0

      I believe it is bold face as in bold typeface as in bold face lie.

    27. Re:Lies by Anonymous Coward · · Score: 0

      Wow, what a great system. The undisputed owner of a thing is the first to claim it, even when that thing is an idea or information.

      I assume, the number 68, the third largest crater on the moon, the likeness of Brian Blessed, the traffic light system in Chicago, dreams about clocks, the sequence of notes "C, F, G, A, C" (the last 2 being half-notes), and the concept of laminating wood, are already claimed. If not I'd like to claim as much from this list as I may.

      I license all of the above to the world freely except the concept of laminating wood (contact me about paying for a licence) and dreams about clocks which I hereby ban.

      How about this alternative system:

      Concepts, ideas, information, and so on, cannot be owned. "Intellectual property" makes no sense and even "Public domain" is a misleading term (suggesting that there can exist a "Private domain"). There are some disadvantages to this system, no doubt, but the advantages and huge boosts to efficiency, morality, and fairness are obviously overwhelming.

    28. Re:Lies by Anonymous Coward · · Score: 0

      It is "bald-faced", not "bold-faced".

      I searched for "bald faced lie" on Google and it found about 149,000 pages.
      I searched for "bold faced lie" and it found about 1,560,000 pages.
      Clearly the Internet says that the standard term is "bold faced lie".

    29. Re:Lies by zippthorne · · Score: 1

      It could be both, if the lie was in print, depending on the typeface....

      --
      Can you be Even More Awesome?!
    30. Re:Lies by chilbert · · Score: 1, Informative

      It is "bald-faced", not "bold-faced". You're just as wrong as he is.

      Nope:It's bold-faced, as in bold type face. See for example: http://www.thefreedictionary.com/bold-faced bold-faced (bldfst) adj. 1. Impudent; brazen: a bold-faced lie. 2. Printed in thick, heavy type.

    31. Re:Lies by Anonymous Coward · · Score: 1

      http://www.friendlymusic.com/#nav=L2h0bWwtcGFnZXMvc2VhcmNoLXJlc3VsdHMuaHRtbA%3D%3D&search=S2V5d29yZHMlM0R0aGUlMjUyMGJpcmQlMjUyMHNvbmc%3D

      (Or just go there and search for "bird song". Result #3 is a perfect match.)

      They do have bird songs in their catalog. They obviously own the copyright to bird sounds.

    32. Re:Lies by Anonymous Coward · · Score: 0

      now THAT's a bird-faced lie

    33. Re:Lies by sa1lnr · · Score: 1

      I've always known it as "barefaced lie"

    34. Re:Lies by Anonymous Coward · · Score: 0

      Sounds like "Slander of Title" to me...

      Thank You SCO v. World for teaching me about this. I see it all over the place now...

    35. Re:Lies by Surt · · Score: 1, Interesting

      Well, whether sporting the bold face of a bearded man, or the bald face of a shaver, I'm sure we can all agree that the people you can't trust are the ones with faces.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    36. Re:Lies by kent_eh · · Score: 4, Interesting

      Next letter:
      Please identify exactly what work I am infringing, as my attorney is having difficulty finding similarity between my soundtrack and any performance by artists represented by your organization.

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
    37. Re:Lies by retchdog · · Score: 0

      according to the oed, "bold-faced" goes back to at least 1623 (shakespeare) and is defined as "Having a bold or confident face or look; usually impudent." okay, so that works.

      the earliest noted metaphorical use of "bare-faced" (as opposed to literally not wearing a mask/veil) is also shakespeare and is defined as "unconcealed, undisguised, avowed, open." this also works.

      on the other hand, "bald-faced" goes only back to 1648 and has no recorded metaphorical use at that time.

      so it's either bold-faced or bare-faced, and you can probably thank shakespeare for both, so who cares?

      --
      "They were pure niggers." – Noam Chomsky
    38. Re:Lies by Cute+Fuzzy+Bunny · · Score: 1

      I'd vote for incompetence. Probably nobody actually checked anything, they just relied on the automated results. When the onus isnt on you to do an effective job but rather on a random anonymous person who is the one on the hook for the money, just relax in your office for 8 hours a day and let the poor SOB prove he's innocent.

      Now, PG&E adjusting their weather weighting on winter gas savings credits so I'm 1/100th of a therm over the limit to receive a 20% credit and so I dont get it...thats a bald faced lie.

    39. Re:Lies by Anonymous Coward · · Score: 0

      It's the English birds claiming what is rightfully theirs. Those titties are particularly bouncy when they hear about the rights violations.

    40. Re:Lies by JoeMerchant · · Score: 1

      "All content owners have reviewed your video and confirmed their claims to some or all of its content."

      Complete bold-faced lie.

      Simpler than that, it's robosigning for copyright infringement. Nobody reviewed anything.

    41. Re:Lies by NJRoadfan · · Score: 1

      These are what I call copyright trolls. I had one of them claim a video I made as containing copyrighted content (look up "Music Publishing Rights Collecting Society" on Google). Except there was no music in the video at all, just me talking. The claim came in immediately after uploading, its quite obvious these shady organizations are using a bot and randomly tagging videos. I disputed the claim, and it immediately was removed with no dispute.

    42. Re:Lies by Doctor_Jest · · Score: 0

      http://www.worldwidewords.org/qa/qa-bal2.htm

      It depends on who you ask. (According to this site, boldfaced was used by Shakespeare, but not boldfaced lie.)

      Bold-faced doesn't make sense to me, because it really doesn't convey the meaning of how obvious the lie is. :) That's why I use bald-faced lie. :)

      --
      It's the Stay-Puft Marshmallow Man.
    43. Re:Lies by mpoulton · · Score: 4, Informative

      In the case at hand, there are no content owners, because nobody owns the bird songs (not even the birds).

      Not true. The content owner is the person who made the recording. It is copyrighted, and the owner can potentially pursue a claim against Rumblefish for infringement if Rumblefish has placed ads on the video and profited from it by claiming it's theirs. My law firm would be interested in representing this uploader (and others). That's the kind of case we would love.

      --
      I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
    44. Re:Lies by Anonymous Coward · · Score: 0

      So are they paying royalty's to the birds? Is there a dollars to bird seed conversion chart and if so how is the dollar doing, better or worse than the Euro?

    45. Re:Lies by Anonymous Coward · · Score: 0

      Questions to Rumblefish (or Robinfish, your choice):
      How do you go about copyrighting sounds from nature?
      Do you have to pay royalty's to the original artist (the bird, or a babbling brook for instance)?
      If so how do you know you have the right one (in the case of the bird) or molecules (in the case of water)?
      If you are not paying the artist aren't you stealing from them?

    46. Re:Lies by Zamphatta · · Score: 1

      How do you know the singing bird wasn't one that had been signed to a recording contract?? Eh??? Don't jump to conclusions before you have all the facts dude! You can get sued for stuff like that.

    47. Re:Lies by Anonymous Coward · · Score: 0

      This is not true. You can file friend of the court public interest briefs.

    48. Re:Lies by Anonymous Coward · · Score: 0

      Having just looked it up, it appears that both bald-faced (and barefaced) as well as bold-faced are correct terms. Both have scholarly and popular use back to the 16th century.

      The oldest use of "bald-faced" is in the 15th or even 14th century and it is, in fact, used by Shakespeare, but it is important to recognize that the phrase "bold-faced" (not in reference to a lie) was also used in the same time period.

      A bald-faced lie is one that is particularly egregious because it is so obvious. A bold-faced lie would probably be more accurately described as a lie perpetrated by someone with a great deal of bravado.

      Pretty similar. The more common usage (by far), however, is "bald-faced" and in that, you're probably correct.

    49. Re:Lies by TheInsaneSicilian · · Score: 1

      There are four lights!

    50. Re:Lies by Anonymous Coward · · Score: 0

      Answers.wiki.com confirms it.

      The original term seems to have been bald-faced (bare-faced) and refers to a face without whiskers. Beards were commonly worn by businessmen in the 18th and 19th century as an attempt to mask facial expressions when making business deals. Thus a bald-faced liar was a very good liar indeed, and was able to lie without the guilt showing on his face.

      I just had to check up on you. I have learned long ago to trust, but verify.

      ( A man I have great respect for, Bob Pease , taught me that. )

      You are still in my memory, Bob, and thanks for all the wisdom you have shared with me.

    51. Re:Lies by Hognoxious · · Score: 1

      The internet thinks loose is the opposite of find.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    52. Re:Lies by Anonymous Coward · · Score: 0

      RumbleFish owns a lot of Sounds as well. So if you want crickets to chirp in the background they have it for you to add to your soundtrack.... They copyright everything. The problem is you have to prove your not using their sampling.

    53. Re:Lies by Anonymous Coward · · Score: 0

      We are all decedent from 5 armed proto-starfish, and as such we _all_ have 5 arms.

    54. Re:Lies by Anonymous Coward · · Score: 0

      Bingo!

        That has happened to me so many time I can't count them all.

      I gave up long ago. I will no longer fight to work for a living. I'm living off disability, and will do so until these criminals stop stealing.

    55. Re:Lies by Mathinker · · Score: 1

      Yeah, Rumblefish should go "jactitate" to someone else's video....

    56. Re:Lies by Anonymous Coward · · Score: 0

      In that case, I'd assume it belongs to the ornithology department at Cornell.

    57. Re:Lies by Anonymous Coward · · Score: 0

      maybe ... but if somebody comes to you and says "hey, can you confirm that this belongs to you" it would be stupid to say no ;)

    58. Re:Lies by adolf · · Score: 1

      Mod parent up, please. If I record a birdsong, it's my recording of that particular event -- just as if I take a photo of a waterfall, it's my picture of that particular moment.

      Such works are automatically granted copyright protection in the US, just as any other creative work is.

      In order for the birdsong recording to be literally owned by nobody, the creator of that recording would have to explicitly release it into the public domain. (And, no -- posting it on Youtube for the world to hear is not the same as giving it to the public to do whatever they want with.)

    59. Re:Lies by DanielRavenNest · · Score: 1

      You should have asked who to contact to license the supposed music, followed the trail as far as possible, documented it, and then exposed them for fraud.

    60. Re:Lies by Anonymous Coward · · Score: 5, Informative

      Hey it's Paul Anthony from Rumblefish. This claim has been released by Rumblefish as it was both A: improperly ID'd by YouTube's content ID system as a song from one of our artists and B: one of our content ID representatives mistakenly reinstated the claim. As soon as it came to our attention today that we had made a mistake, we promptly released the claim and I reached out to eeplox via YouTube to let him know.

      I've been responding in an /IAmA on everything here:
      http://redd.it/q7via

      Thx and our apologies.

      Best,

      Paul Anthony | Founder & CEO | Rumblefish

    61. Re:Lies by Alranor · · Score: 5, Insightful

      As soon as it came to our attention today that people were drawing attention to the fact that we had made a mistake.

      Fixed for accuracy.

    62. Re:Lies by Shienarier · · Score: 1

      Doesn't it seem strange that the content owners are the ones being asked that the content is in fact theirs?

    63. Re:Lies by Anonymous Coward · · Score: 0

      I am a little guy with a big rifle and I know where your board of directors meet.
      OR
      We are a small band with a Manson Family fixation, We know where your CEO and family live.
      OR
      I helped some brothas figure out where corporate wiseasses live and how much $$s they could get with a good old fashioned forced entry and dragging credit card owners around to cash machines before disposing of them.
      OR
      The janitor had an unfortunate accident with chemicals in the building when the Board of directors were meeting.

      Somewhere, sometime in all this conflict over intangible property, someone is gonna let the pus run to his head and some very deserving assholes are gonna get the full brunt of violent psychotic opposition in their clean,safe,'sharper image" world.In the end, we own nothing more than the experience we gained while alive, maybe time to rethink this ownership of things that exist only in the mind.

    64. Re:Lies by Anonymous Coward · · Score: 0

      It appears that bird claims are real: http://indie-warhol.deviantart.com/#/d4oee8h

    65. Re:Lies by ulricr · · Score: 1

      whether the advertiser profited wrongly from the video depends on youtube's EULA which the uploader agreed to, not just copyright.

    66. Re:Lies by Anonymous Coward · · Score: 0

      one of our content ID representatives mistakenly reinstated the claim

      Then why did you lie and say that people had actually reviewed the video? Also you said this on reddit:

      We review a substantial amount of claims every day and the number is increasing significantly. It's been rather challenging. We have millions of videos now using our songs as soundtracks and keeping up is getting harder and harder.

      I'm sorry but that is YOUR problem. If making legitimate claims and reviewing videos is beyond your company's capabilities, you might want to think about a different line of work. Nobody should have to put up with your lies and "mistakes" just because you have a problem doing your job.

    67. Re:Lies by Anonymous Coward · · Score: 0

      In the case at hand, there are no content owners, because nobody owns the bird songs (not even the birds).

      Not true. The content owner is the person who made the recording. It is copyrighted, and the owner can potentially pursue a claim against Rumblefish for infringement if Rumblefish has placed ads on the video and profited from it by claiming it's theirs. My law firm would be interested in representing this uploader (and others). That's the kind of case we would love.

      Just wondering, since most videos make such a small amount of income what the damages would be? I had a video with 18+ million view hijacked by a youtube channel based in India. They basically uploaded a poor quality copy on my video and within weeks my advertising revenue was diverted to them. But even a viral video like that since it was a couple years old was just bringing in hundreds per month. Not allot of damages for an individual video so who could find a lawyer for something like that.

    68. Re:Lies by StewBaby2005 · · Score: 1

      So when I'm out for a walk, and I try to whistle back at the birds to get them to respond (and sometimes I'm close enough to get a response) I have to pay royalties? What about duck calls? You don't want to tell a guy with a gun that he owes you money... ROTFL

    69. Re:Lies by Anonymous Coward · · Score: 0

      OK, so we have bald-faced, bold-faced and bare-faced. So where is bore-faced? I think we should stick to "bore-faced lie" :-)

    70. Re:Lies by g0bshiTe · · Score: 1

      Fine if they own the content, and it was a live bird that was actually singing, can I sue them for a bird shitting on my car? I mean since they own the bird and all.

      --
      I am Bennett Haselton! I am Bennett Haselton!
    71. Re:Lies by forrie · · Score: 1

      Youtube has, again, been caught with their pants down... trying to "comply", using a stupid automation processes. While I can sympathize that it would take hiring more manpower to accomplish the task, doing something like this is completely ludicrous. And now the joke is on Youtube.

      It's funny, in a dark way. I think everyone should post that bird video on their pages and see what happens. The game can work both ways.

    72. Re:Lies by xanadu113 · · Score: 1

      Let them hear our collective opinion on this:

      http://rumblefish.com/about-us.php#tabs-6
      If this goes viral, then even better!

      --
      -Myke
    73. Re:Lies by jep305 · · Score: 1

      I have an idea that could really make these fuckers stand up and take notice:

      A group of independent songwriters/composers post a bunch of their own original work to YouTube. Let these assholes at Rumblefish assert copyright of that original work. Get them to do it a LOT -- like a couple thousand times, so that there's enough of a case/potential damages to interest a lawyer who will work for a cut of the damages. Document the entire process, then sue Rumblefish for falsely claiming copyright and attempting to gain commercially from material to which they have no claim. Repeat until there is no Rumblefish left to sue.

      --
      In Reason We Trust
    74. Re:Lies by Anonymous Coward · · Score: 0

      Doesn't it seem strange that the content owners are the ones being asked that the content is in fact theirs?

      No. If the content owner replies "this is none of our content" you can immediately stop any further action and thus save money. However it seems strange that an answer of "yes" is accepted without further check.

    75. Re:Lies by Idbar · · Score: 1

      So which is it? Do your artists sing like birds? Are your artists birds? or is it just that your artists make salads?

    76. Re:Lies by Cyberllama · · Score: 1

      I've got this many times, myself. The content I have problems with are creative commons tracks by independent artists that I know for a fact are not owned by the labels asserting ownership.

      The primary issue is this: YouTube, probably as a part of their deal with the labels to keep copyrighted music videos on their service, has given the labels too much power. Under the standard DMCA model, the copyright holder files a complaint, the video poster would contest it, and then that would essentially put the matter out of YuTube's hands. The label would then have to sue the person who filed the counter-claim if they felt they had a case. Under the current YouTube system, the label has the power to say "Nope. We reject your counter-claim. It's our stuff."

      At that point, you are officially out of options. In most cases, your content gets to stay up, but it becomes monetized and the ad money goes to the label rather than the video-maker. Occasionally the soundtrack will be muted or blocked in certain countries (Germany, most often) but usually the notice just means more money for the labels and nothing else.

      While I can see how that system might sound like a decent set-up since it means that YouTube gets to keep the copyrighted stuff *and* its users don't have to worry about being sued if they file a counter-claim, the problem is--surprise, surprise--the labels are abusing it. It is apparent to me that counter-claims are rejected virtually every time (only the labels have this power, if the copyright claim is from a 3rd party entity then a more standard DMCA model applies). It seems apparent to me, based on the rejections I've gotten, that the labels are simply not acting in good faith. They haven't quite automated the process of rejections, as that would be too flagrant--but whoever job it is to review the claims has apparently been instructed to simply reject them all out of hand.

      Give the labels a financial motive to misbehave and, guess what? They will. It shouldn't surprise anyone. Remember when they took-down Tech New's Today's video covering the takedown of the mega-upload song. It included a sample of the song. It was newsworthy, and thus obvious fair use. The labels' defense? They didn't remove the videos on copyright grounds, but rather because they *wanted to*. They assert that their agreement with YouTube gives them the *right* to remove any video they want for any reason they want. YouTube may (I say, "may" because, as far as I know, they've been silent on that claim) disagree with that interpretation, but honestly its certainly not far off from how the labels are acting.

    77. Re:Lies by Cyberllama · · Score: 1

      It occurs to me that for the sake of accuracy and fairness, I should also add that the tracks that I've had the labels assert ownership over are ones which do in fact *sample* the tracks which they are identified as being by the automated content identification system. So while they are not the song in question, and are by artists not signed by the labels and released under creative commons licenses, it is not a 100% clear issue. I would believe they are obvious instances of fair use, since sampling has been such a big part the music industry for years. But IANAL, so perhaps I'm not qualified to say that the tracks are indeed 'trans-formative' and not derivative.

    78. Re:Lies by mpoulton · · Score: 1

      whether the advertiser profited wrongly from the video depends on youtube's EULA which the uploader agreed to, not just copyright.

      That is partly true. The article implies that the only way Rumblefish obtained advertizing rights on the video was by claiming (repeatedly) that they owned the copyright. If this is the case, then the EULA is irrelevant - Rumblefish's wrongful assertion of copyright for profit is an infringing act.

      --
      I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
    79. Re:Lies by celle · · Score: 1

      As lawyers are part of the apparatus of law then do it for free as a public service.

    80. Re:Lies by X0563511 · · Score: 1

      Interesting idiom.

      Does it mean having a beard makes it easier to lie? (eg being shaven makes it more difficult to hide, and so requires a more cavalier attitude towards it?)

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    81. Re:Lies by kidcharles · · Score: 1

      Oh not at all, you see, unless you're a big corporation with a lot of lawyers, you can't own any content. So they look "oh it's the little guy again" and "yeah this content would be nice to own" and with that, it's theirs.

      Hey, they do it with houses now, so why not intellectual property? http://www.rollingstone.com/politics/news/matt-taibbi-courts-helping-banks-screw-over-homeowners-20101110

      --
      Ceci n'est pas une sig.
    82. Re:Lies by bandy · · Score: 1

      There are some specific things to which the owner claims that the "lone cypress" on 17 Mile Drive in Monterey California (in the Pebble Beach development) is their exclusive trademark and that no photographer may sell images of the tree. http://kwartlerlaw.com/Commentaries/LoneCypressgate.html

      --
      "You might as well get your son a ticket to hell as give him a five string banjo." -unknown minister
    83. Re:Lies by mpoulton · · Score: 1

      As lawyers are part of the apparatus of law then do it for free as a public service.

      The "apparatus of law" exists for everyone's mutual benefit. As much as you may dislike certain aspects of it, other aspects are greatly beneficial to you. While attorneys certainly do "pro bono" representation, civil litigation to wring money out of false copyright claimants isn't likely to be a pro bono exercise. It's risky and complicated, and the payoff if it works is a huge and mostly unearned windfall for the true rights-holder. Hence, a contingency fee is an appropriate arrangement for that kind of case.

      --
      I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
    84. Re:Lies by jdmuskrat · · Score: 1

      welcome to the right wing worlds "Free Market" theories in action.

    85. Re:Lies by jd · · Score: 1

      Rumblefish has hired bird-brains, so of course there will be similarity.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    86. Re:Lies by Anonymous Coward · · Score: 0

      I'm sure these guys would love to hire your firm.

    87. Re:Lies by peatbakke · · Score: 1

      Heya -- we do review the videos in person, and we made a mistake that we're working to fix.

      Update from the OP: http://yro.slashdot.org/comments.pl?sid=2693545&cid=39170585

      Update from Rumblefish: http://yro.slashdot.org/comments.pl?sid=2693545&cid=39174761

      AMA on Reddit with the Rumblefish CEO: http://www.reddit.com/r/IAmA/comments/q7via/im_the_ceo_of_rumblefish_i_guess_were_the_newest/

      I'm responding here because a lot of the discussions and updates are getting buried below. We're paying attention.

      Thanks,
      -Peat Bakke, Lead Architect @ Rumblefish

    88. Re:Lies by Anonymous Coward · · Score: 0

      ... one of our content ID representatives mistakenly reinstated the claim ... Paul Anthony | Founder & CEO | Rumblefish

      What are you doing to identify and correct all of the previous cases where your organization has done this? How much ad revenue have you collected that is not rightfully yours?

    89. Re:Lies by mcgrew · · Score: 1

      Before you apply Hanlon's Razor (never assume malice when incompetence explains), apply mine -- never assume incompetence when greedy self-interest explains.

    90. Re:Lies by Anonymous Coward · · Score: 0

      You're quite lucky it came up here.

      Had you claimed ownership of *MY* copywritten work (twice), I would have just sued you.

    91. Re:Lies by brantondaveperson · · Score: 1

      If there's two and a half of you, then you might be telling the truth.

    92. Re:Lies by Anonymous Coward · · Score: 0

      Best,

      Paul Anthony | Founder & CEO | Rumblefish

      Paul Anthony you and your company are the scum of the earth. All this is is damage control and I feel sorry for the saps who believe your bullshit story. FUCK YOU AND COMPANIES LIKE YOURS!

    93. Re:Lies by adolf · · Score: 1

      Yeah, there's a sharp, pointy knife inside of every silver cloud.

      Thanks for pointing that out. (See also: Disneyworld, and Burning Man.)

      But these are just wild birds.

    94. Re:Lies by Anonymous Coward · · Score: 0

      "All content owners have reviewed your video and confirmed their claims to some or all of its content."

      I believe it constitutes an IP theft.

    95. Re:Lies by munyul · · Score: 1

      I'm not convinced that it is a "bold-faced lie" as you put it. I'm more inclined to believe it is a case of laziness in assuming that the recording is theirs - I'm not sure if the sounds are copyrighted, however I do know that you can purchase animal sounds. My *guess* is that they simply believed that the sounds in the background came from one of their recordings, without ever varifying it. If that is the case, then they should be fined and have to pay "inconvenience damages" to the author, that way in future they'll take the time to make SURE something is theirs before claiming rights to it!

    96. Re:Lies by Higgins_Boson · · Score: 1

      It is "bald-faced", not "bold-faced". You're just as wrong as he is.

      That would mean you have a bald face. A bald face is what? We don't consider men (or some women) "bald" when they are lacking facial hair. We consider them barefaced.

      Seriously... BOLD-FACED meaning that you show no emotion or no hint of a lie when you speak that untruth. In either case, both are technically wrong... but "bald-faced" just sounds completely stupid. It should be "barefaced" lie if you really want to be absolute. But if you want to NOT sound like an idiot, bold-faced is better.

  2. ridiculous by JustNiz · · Score: 3, Interesting

    When will this copyright madness end?

    1. Re:ridiculous by Anonymous Coward · · Score: 5, Insightful

      Absolutely. The internet is more akin to the Wild West of yesteryear. Every company is out to commit highway robbery.

      Darn those varmints.

    2. Re:ridiculous by K.+S.+Kyosuke · · Score: 4, Informative

      When will this copyright madness end?

      In less than 200 million years, since by then Earth will have been rendered virtually uninhabitable from the point of view of intelligent animal life by the constantly rising power output of the Sun. So, nothing to worry about.

      --
      Ezekiel 23:20
    3. Re:ridiculous by Anonymous Coward · · Score: 0, Offtopic

      After the fucking psychopaths are removed from power and the Constitution is restored. And for all those people that said I jumped the gun taking down my own TV show of 6+ years, I NOW GET TO SAY I TOLD YOU SO.

    4. Re:ridiculous by durrr · · Score: 2

      I think you mean in more than 5000 million years but yeah...

    5. Re:ridiculous by Anonymous Coward · · Score: 0

      That would involve all politicians ever being removed from power, but let me guess, this an anti-Obama rant instead?

    6. Re:ridiculous by Fluffeh · · Score: 2

      rising power output of the Sun

      The sun won't go into a red giant phase for approximately five billion years not 200 million, but even before that, our galaxy will collide with Andromeda which will be interesting to say the least, though likely not too much of a worry for our little solar system - unless we our orbit changed drastically to the inner parts of the galaxy which isn't all that likely.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    7. Re:ridiculous by Nidi62 · · Score: 2

      Absolutely. The internet is more akin to the Wild West of yesteryear. Every company is out to commit highway robbery.

      Darn those varmints.

      Except in the Wild West, the townsfolk could form up a posse and ride after those highway robbers and lynch them when they caught them.. Can't really do that so much now, unfortunately.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    8. Re:ridiculous by geckipede · · Score: 1

      No, he's right. Assuming that humans and their descendants don't adjust things, Earth has less than a billion years left as a habitable planet. Less than that for being habitable to life as it exists today.

    9. Re:ridiculous by Anonymous Coward · · Score: 0

      Well, the sun is getting hotter as time progresses. In 500 million years or so (I'm pretty sure it's closer to 500 million rather than 200 million) the sun will get hot enough to start boiling off all the Earth's water. This is of course amplified by the fact that water vapor is itself a powerful greenhouse gas.

      This is long before the red giant phase begins.

    10. Re:ridiculous by rrohbeck · · Score: 4, Funny

      Sue the birds for using copyrighted content all the time.
      Damn pirates.

    11. Re:ridiculous by Opportunist · · Score: 1

      Ahhh yes, fond memories of the good ol' times...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    12. Re:ridiculous by Grishnakh · · Score: 1, Insightful

      What's wrong with an anti-Obama rant? You could rant about Bush if you want, but that's pretty pointless since he's long gone, but Obama is still here, and worse, he's running for re-election, so I think anti-Obama rants are perfectly valid, especially since the guy is basically a clone of Bush even though he promised change.

    13. Re:ridiculous by Anonymous Coward · · Score: 0

      The sun may last another 5 billion years but that is not the problem.
       
      As the sun gets older it get hotter, as it gets hotter the "Goldilocks" zone where liquid water can exist moves outward. Eventually the inner edge of the zone will expand past Earth and the planet will become too hot for all known Terrestrial life.
       
      Also, the Andromeda galaxy is not due to collide with the Milkyway until at least 3 billion years in the future.

    14. Re:ridiculous by K.+S.+Kyosuke · · Score: 2

      As a main sequence star, Sun is going to increase its power output by as much as 50 % in the next 4500 My. Right now it's increasing at a rate of approximately 1 % per 100 My. I have to look the numbers up in a smart book I have somewhere here, but those 2 % should be enough to get the Earth of higher animal life. Plants might survive a bit longer, though. The reason why it didn't bother us in the past was because apparently, the Earth's crust has been absorbing CO2 in some form of thermoregulatory negative feedback loop that was compensating for the irradiation increase. The problem is, there is almost no CO2 to absorb anymore. (And if *that* gets absorbed, we'll die anyway, since we'll lose our food crops.)

      --
      Ezekiel 23:20
    15. Re:ridiculous by hemo_jr · · Score: 1

      Rights holders (or false claimants in this case) can abuse copyright all that they want. But if the shoe were on the other foot, domains would be seized, people thrown in jail and lives ruined. Such is the silliness of the laws on the books.

    16. Re:ridiculous by Anonymous Coward · · Score: 0

      Before the red giant phase the sun is steadily increasing in output (it is more now than it was a billion years ago). A few percent but enough to overheat the earth.

      http://en.wikipedia.org/wiki/Sun#Earth.27s_fate

    17. Re:ridiculous by Anonymous Coward · · Score: 1

      Guess all you want, but the poster simply specified "psychopaths". That pretty well characterizes the excrement that has risen to the top of BOTH political parties.

    18. Re:ridiculous by fnj · · Score: 0

      The term "rant" is basically no more than an attempt to trivialize and marginalize a political statement. It's a mistake to fall for that characterization and perpetuate the use of the term.

    19. Re:ridiculous by Anonymous Coward · · Score: 0

      What makes you think the copyright madness will be solved by the time we leave the solar system?

    20. Re:ridiculous by Anonymous Coward · · Score: 0

      Isn't that what anonymous does?

    21. Re:ridiculous by martin-boundary · · Score: 1

      If the copyright madness isn't solved, then we won't be innovating enough to leave the solar system.

    22. Re:ridiculous by pla · · Score: 4, Interesting

      Except in the Wild West, the townsfolk could form up a posse and ride after those highway robbers and lynch them when they caught them.. Can't really do that so much now, unfortunately.

      You may have heard of this group, "Anonymous"?

      The governments of the world no longer have any claim on the concept of "justice", having ceded their moral authority to the highest bidders (usually corporations, who can outspend all but the wealthiest individuals). As a result, anarchy has become far more fair than the codified pro-corporate bias we can expect from the courts (regardless of country).

    23. Re:ridiculous by Anonymous Coward · · Score: 0

      You make two fallacious assumptions. One being that we understand enough to truly know what the earth atmosphere will be like. There are many variables that I am sure we just don't understand. The next one being that in 200B years we will have the craziest technology, beyond anything that you could imagine. That is assuming that we don't actually destroy ourselves long before then...

    24. Re:ridiculous by Nemyst · · Score: 1

      Continental drift is going to render most of the planet uninhabitable well before the Sun does. Remember that Pangaea broke up 200 million years ago, and we're just about at the opposite end of the drift (which is to say a lot of separate continents). In 200 million years, chances are we'd be back to a single continent, with a colossal desert in the middle and inhospitable coastal areas.

    25. Re:ridiculous by JoeMerchant · · Score: 1

      apparently, the Earth's crust has been absorbing CO2 in some form of thermoregulatory negative feedback loop that was compensating for the irradiation increase. The problem is, there is almost no CO2 to absorb anymore. (And if *that* gets absorbed, we'll die anyway, since we'll lose our food crops.)

      Ummmm.... wasn't it the photosynthesizing algae that scrubbed most of the CO2 in a rather dramatic step?

    26. Re:ridiculous by JoeMerchant · · Score: 2

      Sue the birds for using copyrighted content all the time.
      Damn pirates.

      It's spelled Byrds, and didn't they write their own stuff? [-)

    27. Re:ridiculous by Anonymous Coward · · Score: 0

      As a result, anarchy has become far more fair

      I'd like to meet you pla, I know a nice quiet alley way.. OH! Please don't forget to bring your valuable.

    28. Re:ridiculous by sulfur · · Score: 1

      And what can Anonymous do? Deface/DDoS your website? While they did have some impact (leaks, protests), there is only so much you can do online.

    29. Re:ridiculous by Anonymous Coward · · Score: 0

      Sure. Unfortunately, due to budget cuts the local police cannot join the meeting.

    30. Re:ridiculous by Anonymous Coward · · Score: 0

      Has Anonymous actually succeeded in changing the behavior of any organization they've gone after? No. Anonymous is ineffective. Entertaining and captivating, but ineffective.

    31. Re:ridiculous by dasunt · · Score: 1

      Sue the birds for using copyrighted content all the time.
      Damn pirates.

      Sure, that's easy for you to say, but I've been putting out bird food all this time. I've created a safe haven for copyright pirates!

      And all this time I thought the squirrels getting into the bird feeders were just being pests. Little did I know that they are secret agents of the RIAA, doing a DOS attack on birdseed!

    32. Re:ridiculous by Anonymous Coward · · Score: 0

      I think you mean "damn parrots" don't you? ;-)

    33. Re:ridiculous by Anonymous Coward · · Score: 0

      How many birds out there in the wild are flapping around sining Rumblefish's copyrighted intellectual property? When will the lawyers step in and stop those free performances, so Rumblefish can get its due?

    34. Re:ridiculous by Anonymous Coward · · Score: 0

      Anonymous are just like that posse in the old days - driven by bloodlust, group think and mob psychology. It does a lot more damage than good, and hurts a lot of innocent people.

      We are not served by a mob of ethically challenged geeks who think they are over and above the law. We see again and again that Anonymous have a very tenous grasp at best of what is just and fair.

      Do not put your trust in them.

    35. Re:ridiculous by Tetsujin · · Score: 1

      Sure. Unfortunately, due to budget cuts the local police cannot join the meeting.

      That's OK. Batman has plenty of money.

      --
      Bow-ties are cool.
    36. Re:ridiculous by Quirkz · · Score: 1

      Why would the coastal areas be inhospitable?

  3. Prior Art by Anonymous Coward · · Score: 5, Funny

    Dear Rumblefish,
          I see that you are using my music without proper authorization.
    -- God
    p.s. I could use ad's, hmmmm... Naa, Smite works just as well...

    1. Re:Prior Art by Anonymous Coward · · Score: 0

      Dear God,
            Seeing as you and your representation have failed to appear at any court summons, your music copyrights have been granted to us
      --Rumblefish,

      p.s.: Expect a bill for any further unlicensed use.

    2. Re:Prior Art by Opportunist · · Score: 1

      Could you please smite? It's less painful than to endure those ads. At least it's over faster.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Prior Art by K.+S.+Kyosuke · · Score: 2

      Could you please smite? It's less painful than to endure those ads. At least it's over faster.

      Yes, but...with a herring!

      -- God

      --
      Ezekiel 23:20
    4. Re:Prior Art by Anonymous Coward · · Score: 0

      Dear God,

            Seeing as you and your representation have failed to appear at any court summons, your music copyrights have been granted to us
      --Rumblefish,

      p.s.: Expect a bill for any further unlicensed use.

      Dear Rumblefish lawyers and Rumblefish employees,

      You are alive because I allow you to live. I can smite you anytime I wish. Repent.

      -- God

    5. Re:Prior Art by Anonymous Coward · · Score: 4, Funny

      Dear Rumblefish,
              Did you see the Alfred Hitchcock movie starring us? If not, perhaps you should.
      Sincerely,
      The Birds

    6. Re:Prior Art by jsfs · · Score: 1

      Mod parent up!

    7. Re:Prior Art by Opportunist · · Score: 1

      I thought the weapon of choice was a trout?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:Prior Art by Anonymous Coward · · Score: 0

      Dear God,

      I am hereby serving you notice of a lawsuit on the behalf of the Virgin Mary for two millennium of child support. Please appear in court next week for the hearing or the plaintiff will be awarded a default sum of 15 trillion dollars.

      Thank you for your timely appearance.

    9. Re:Prior Art by X0563511 · · Score: 1

      Oh, just do the rest of us a favor and push the Smite button.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  4. Small Claims DDOS by silentbozo · · Score: 5, Funny

    1. Go to the woods, record birdsong.
    2. Make a bunch of videos and post to YouTube
    3. Wait for takedown
    4. Sue Rumblefish in small claims court for the ad revenue they got from Google.
    5. Profit!!!!

    1. Re:Small Claims DDOS by heptapod · · Score: 5, Interesting

      Use birdsong as a soundtrack for a slideshow of self-shots taken by a monkey.

    2. Re:Small Claims DDOS by Joe+U · · Score: 5, Interesting

      I'm not a lawyer, but....

      While that might work, it's best to put a step

      3a. Send a cease and desist notice to Rumblefish.

      They'll ignore it and the courts will like you for doing it. It's only the cost of a certified letter, and you can add that to your lawsuit.

      Also, if you want to be really annoying, claim copyright on the birdsong video and sue them for infringement, but that costs more and is out of the scope of small claims.

    3. Re:Small Claims DDOS by Arch_Android · · Score: 5, Insightful

      In all honesty though, I really with it was more feasible for people to actually fight back against these large corporations. It's really a shame when all you need is money to hire lawyers and you can do anything.

    4. Re:Small Claims DDOS by Hentes · · Score: 2

      The problem is that it's not a proper DMCA takedown as Youtube cooperates voluntarily, and I'm pretty sure they have written the ToS in a way that you can't sue them for anything.

    5. Re:Small Claims DDOS by EdIII · · Score: 4, Funny

      You can't use self-shots taken by a monkey. They all have monkey butts and penises in them. Or slow mo shots of another monkey throwing poo.

      It would never pass YouTube's decency standards.

    6. Re:Small Claims DDOS by Lazarian · · Score: 2

      6. Become target of class action suit from Sparrow and Bluejay Association for unauthorised use of copyrighted birdsong.

      7. Lose Profit

    7. Re:Small Claims DDOS by K.+S.+Kyosuke · · Score: 1

      No fair! The monkey looks better than I do in any self-portrait that I have ever taken!

      In fact, the monkey looks better than 99% of the girls you occasionally seen on the web posing into their cell phones trying to look cool. I find that rather telling. (I just don't know whether it's telling something about the girls, the monkeys or about me.)

      --
      Ezekiel 23:20
    8. Re:Small Claims DDOS by Tom · · Score: 5, Interesting

      Best reply so far.

      In legal cases, it never hurts having more ammo. If only to threathen them back if they try to play hardball with you.

      Also, check in with the EFF and ACLU. They may want to support you and get a precedent set. They love clear cases like this one.

      --
      Assorted stuff I do sometimes: Lemuria.org
    9. Re:Small Claims DDOS by stripes · · Score: 3, Interesting

      Don't sue youtube. That would be under the ToS. Sue the party that claims to have reviewed the audio and decided you are infringing their copyright. That sounds like a lie that damages your reputation. In other words libel (or slander, I forget which is the written form).

      I'm not a lawyer, I don't even play one on TV, but this seems like the kind of thing you could take to small claims court for say $1000 or so and win.

      Of corse you would be better off with a lawyer, but I don't see how you could sue for enough to actually pay the lawyer. If you have access to a free half hour consult or something you could ask a real lawyer, they might have a different opinion.

    10. Re:Small Claims DDOS by Anonymous Coward · · Score: 0

      Should you do that, expect Rumnblefish to file a declaratory judgment suit first, putting you in federal court in Rumblefish's home state. Probably not what you want.

    11. Re:Small Claims DDOS by daremonai · · Score: 1

      But aren't most YouTube videos essentially monkeys throwing poo?

    12. Re:Small Claims DDOS by Anonymous Coward · · Score: 0

      Donate to the EFF

      Seriously - the only way you can fight a battle like this is to get backing from an organisation with deep pockets, and the only organisation who is going to side with the punter on this is the EFF. The only way they can have deep pockets is for people to donate. So give them your money.

    13. Re:Small Claims DDOS by joeme1 · · Score: 1

      I thought those were the REQUIREMENTS for a YouTube post! Is that what I've been doing wrong?

    14. Re:Small Claims DDOS by phorm · · Score: 1

      Memorization trick: [S]lander is something that's [s]aid

    15. Re:Small Claims DDOS by Scarletdown · · Score: 1

      Memorization trick: [S]lander is something that's [s]aid

      Or just watch Spiderman once and Jameson's (Or is it White? I know one is Chief of the Daily Bugle, and the other The Daily Planet.) quote will be stuck in your head forever...

      "Slander is spoken. In print, it's libel."

      --
      This space unintentionally left blank.
    16. Re:Small Claims DDOS by Robert+Zenz · · Score: 1

      You haven't been to Youtube in a while, have you?

    17. Re:Small Claims DDOS by geminidomino · · Score: 1

      No, not at all. You're thinking of the YouTube comments.

    18. Re:Small Claims DDOS by geminidomino · · Score: 1

      Spiderman's boss is J. Jonah Jameson (Jr.) -- Memorization trick: Superman would never be so flippant as to refer to his boss as "J.J." while in costume.

    19. Re:Small Claims DDOS by ArsenneLupin · · Score: 1

      In fact, the monkey looks better than 99% of the girls you occasionally seen on the web posing into their cell phones trying to look cool.

      And what about self-portraits taken by ducks?

    20. Re:Small Claims DDOS by FoolishOwl · · Score: 1

      No, you're thinking of the comments on the videos.

    21. Re:Small Claims DDOS by Anonymous Coward · · Score: 0

      Was going to recommend EFF as well.

      Finding other instances, if they exist, of where naturally occurring animals have been copyrighted might also be of good use. And If you do find them, see if the copyright is on the recording itself, rather than the actual animal output, i.e. music.

    22. Re:Small Claims DDOS by Anonymous Coward · · Score: 0

      It will never work. You forgot the all important "???" step, vital to any business plan.

    23. Re:Small Claims DDOS by jd · · Score: 1

      Yes, but there's a severe danger here. The courts could rule that birds are infringing on copyright and order them all shot.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    24. Re:Small Claims DDOS by Rich0 · · Score: 1

      Yup. Personally I'd like to see a revamped approach to loser pays. Either party can take a matter to a court, and file a complaint. Each party would state their opinion as to the amount at issue (no judgment will be issued for more than this amount). Based on the amount at issue the court sets the fees for the case and each side can hire an attorney, who bills their time to the court. Attorneys would be forbidden to charge clients for cases or accept any kind of payments, or any assistance in research or casework/etc. The attorney for each side has the same budget to work within. Anybody who has to show up to court gets paid by the court for the value of their time, and their employers would be reimbursed for lost time. Then you litigate and the court decides on a verdict (whether by judge or jury). The court then directly pays the winner the amount of any judgment. The loser is then liable for court costs, including the judgment, attorney fees, and participant payments for both sides. The loser is indebted to the court to repay - no collection hassles for the winner. All judgments and settlements would be published. Any evidence that is redacted or otherwise not made public would not be made available to attorneys for the same party if they get involved in subsequent litigation - they have to re-invent the wheel with each case (so no mass-lawsuit factories).

      Such an arrangement would give neither side a large advantage in a trial beyond that merited by the facts of the case. Attorneys really would be agents of the courts. Legal bills would be curtailed for all sides, and vexatious litigation would be expensive indeed. Little guys could afford to actually show up in court, as I'd have the fees be such that people and their employers come out ahead from the experience.

      Obviously this could be tweaked in numerous ways, but the concept is to get rid of the clash of budgets.

  5. Copyright means nothing by TheCouchPotatoFamine · · Score: 5, Insightful

    Copyright is STRICTLY for the benefit of society. If we didn't think it profited us, we'd just steal all of everyone's crap (and, in some cases, society would vastly benefit; anything having to do with music, not so much). Mark my words, industry: copyright means NOTHING if it's abused and it justifies my attitudes on the subject (y'all know what i mean)

    --
    CS majors know the time/space tradeoff, but they never get taught the 3rd, crucial, tradeoff of the set: comprehension!
    1. Re:Copyright means nothing by aaronb1138 · · Score: 5, Interesting

      Actually, music itself would likely benefit greatly, just not the labels. As piracy has already demonstrated, free access to studio recordings has made the consumer perception of the value of live concerts greater. That is why ticket prices keep outpacing inflation.

      Anecdotally, I've personally noted a pretty good number of once free venues switching to cover charges for better known (locally) acts which are remain unsigned by major labels. At least on my personal scale, this demonstrates positive force towards greater valuation of live music.

      Lower prices and increased distribution of copyright material increases the overall quality of published works. A great example is the textbook versus subject oriented paperback categories. Textbooks exist in an overpriced, price fixed copyright vacuum. Their quality continues to remain virtually unchanged for 30+ years, making occasional incremental improvements and frequent vast drops in quality. On the other hand, books written for the layman about various sciences and arts continue to improve, drop in inflation adjusted price, and increase in availability. The very pressure of reduced prices and increased availability forces authors to review their peer / competition work and produce something better.

    2. Re:Copyright means nothing by brit74 · · Score: 1

      Copyright is STRICTLY for the benefit of society. If we didn't think it profited us, we'd just steal all of everyone's crap (and, in some cases, society would vastly benefit; anything having to do with music, not so much). Mark my words, industry: copyright means NOTHING if it's abused and it justifies my attitudes on the subject (y'all know what i mean)

      I think you could say that LAWS exist strictly for the benefit of society. Subsequently, you could argue that if laws are abused then they mean nothing. Presumably, this would mean that if laws are abused (e.g. people are framed for crimes they didn't commit) or wrong (e.g. if you believe the death penalty for murder is wrong), then you are justified in ignoring/breaking them, right? But, does that mean "if anyone is wrongly framed" or "if anyone 'wrongly' gets the death penalty when they should get 20 years in prison" then does it follow that we are justified in disregarding all laws or specific laws (e.g. laws against murder)?

      It just seems awfully convenient for pirates to jump from "this law is being abused" or "copyright is too long" (both of which are legitimate criticisms) to the other extreme and self-serving position of "copyright means NOTHING, we are justified in ignoring it".

    3. Re:Copyright means nothing by TheCouchPotatoFamine · · Score: 1

      and it seems "awfully convenient" that copyright is now life+75 years or whatever Mickey Mouse crap they're spooning out - what's your point?

      --
      CS majors know the time/space tradeoff, but they never get taught the 3rd, crucial, tradeoff of the set: comprehension!
    4. Re:Copyright means nothing by Anonymous Coward · · Score: 0

      As piracy has already demonstrated, free access to studio recordings has made the consumer perception of the value of live concerts greater. That is why ticket prices keep outpacing inflation.

      I doubt it, ticket prices started skyrocketing long before Napster brought music piracy into the mainstream.

      I blame Ticketmaster.

    5. Re:Copyright means nothing by Anonymous Coward · · Score: 0

      Some laws are good and the concept of law is a good and fair one.

      Copyright is completely different. There is no good copyright, the idea itself is heinous, and its abolishment would most likely be an improvement for society.

      A friend once explained to me that Peter Pan was allowed to exceed the already ridiculous copyright term on the grounds that the proceeds all went to a specific hospital. Even this is disgusting to me as threatening legal action over the entire population of a nation for distributing such old and innocuous information is a horrible way to raise money for a hospital. Given the power I would stop this at once and remove the copyright on Peter Pan.

      I challenge you to come up with a scenario in which copyright is actually a good thing.

    6. Re:Copyright means nothing by GmExtremacy · · Score: 1

      I challenge you to come up with a scenario in which copyright is actually a good thing.

      Why? You'll only receive his opinion. And you'll probably disagree with it.

    7. Re:Copyright means nothing by Half-pint+HAL · · Score: 2

      Actually, music itself would likely benefit greatly, just not the labels. As piracy has already demonstrated, free access to studio recordings has made the consumer perception of the value of live concerts greater. That is why ticket prices keep outpacing inflation.

      Except that in the last few years, there has been a collapse in the music festivals market in the UK, with a great many going bust due to poor ticket sales, and bands going unpaid.

      Anecdotally, I've personally noted a pretty good number of once free venues switching to cover charges for better known (locally) acts which are remain unsigned by major labels. At least on my personal scale, this demonstrates positive force towards greater valuation of live music.

      Alternatively, it could be a sign that venue-owners are becoming increasingly risk-averse in a shrinking economy. Venues that charge for entry usually pay their acts a percentage of takings.

      The very pressure of reduced prices and increased availability forces authors to review their peer / competition work and produce something better.

      The very pressure of zero price and universal availability forces authors to review their career and go and do something they'll get paid for instead....

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    8. Re:Copyright means nothing by jd · · Score: 1

      Agreed, but with one proviso -- most people are incredibly lazy. There MUST be a distinction between cases:

      What needs protecting (IMHO):

      • Conserving material that the studios and/or holding companies destroy (or incompetently archive)
      • Taking existing material (eg: software) and either improving upon it or reusing it in some way
      • Taking existing material and using it for educational purposes (and this can include introducing people to new ideas, new directions, etc)
      • Copying material for genuinely therapeutic reasons
      • "Incidental" distribution (eg: radio up too loud, installing software on a shared computer, etc, where violations are more technical than real)
      • Research
      • Access to material otherwise restricted for prejudicial/political purposes (ie: no rational intent and no interest in rational discussion)

      What should NOT be protected:

      • Rebranding of identical products (particularly if the constraints are more onerous)
      • Theft for the purpose of inflicting harm on the author(s)/artist(s) -- note: nothing here about publishing companies or studios
      • Theft for the purpose of inflicting harm on the audience -- note: still nothing here about publishing companies or studios
      • Theft for the purpose of avoiding originality

      I'd abolish copyright, trademark and patent laws, then create a single, standardized system that actually tried to achieve the effect that is supposed to be intended.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    9. Re:Copyright means nothing by TheCouchPotatoFamine · · Score: 1

      "The very pressure of zero price and universal availability forces authors to review their career and go and do something they'll get paid for instead...."

      oh thank god :)

      --
      CS majors know the time/space tradeoff, but they never get taught the 3rd, crucial, tradeoff of the set: comprehension!
  6. There is no solution by Anonymous Coward · · Score: 0

    Before, companies were getting ripped off left right and center. Now it is the USERS getting shafted. Youtube won't find a solution as there is no solution. There is no middle ground. You cannot have an algorithm which perfectly matches only copyrighted content with no false positives or negatives and accomodates fair use as well.

    1. Re:There is no solution by symbolset · · Score: 5, Insightful

      Sure there's a solution. Abolish copyright. It no longer serves its purpose and should be discarded. That's what you do with things that are used up: discard them.

      --
      Help stamp out iliturcy.
    2. Re:There is no solution by an+unsound+mind · · Score: 1

      Before it was the copyright owners getting ripped off left and right by the users.

      Now it's the copyright owners getting ripped off left and right by scam artists and larger copyright owners.

  7. You know... by Stanislav_J · · Score: 5, Funny

    I've always said copyright is for the birds... (Well, someone had to say it!)

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
    1. Re:You know... by Anonymous Coward · · Score: 0

      I laughed. A serious guffaw at that.

    2. Re:You know... by Anonymous Coward · · Score: 0

      What rotten luck he must have, though, to have happened upon a bird that has signed with a label.

  8. Easy... by K.+S.+Kyosuke · · Score: 1, Informative

    1) Strip the audio track,
    2) Host the video with the audio track somewhere else,
    3) Add a link to the audio enabled version into the description.

    --
    Ezekiel 23:20
    1. Re:Easy... by Galestar · · Score: 2

      Or make yet another ContentID fuckup by Google known to the public in order to put additional pressure on Google to shape up.

      --
      AccountKiller
    2. Re:Easy... by Anonymous Coward · · Score: 0

      Because people bother to follow link to other sites. Sure, some silly people does, but if you have any skepticism in your body you just click the back button and feel cheated...

    3. Re:Easy... by Anonymous Coward · · Score: 0

      Dude, you can't give Google a hard time, this is slashdot. Instead rag on Microsoft and Apple and explain how anyone who hates Google has an agenda!

  9. Sue? by rebot777 · · Score: 3, Insightful

    Could we find any lawyers to take this case on? Surely if this is happening often enough some type of class action suit might be able to come out of it?

    1. Re:Sue? by Fieryphoenix · · Score: 2

      Sadly, with many big content hosting companies, content is removed not via formal DMCA takedown requests, but through proprietary internal procedures that protect media corporations from the penalties.

    2. Re:Sue? by Anonymous Coward · · Score: 0

      Sue?

      Si

    3. Re:Sue? by Anonymous Coward · · Score: 0

      This wasn't a DMCA takedown notice for good or bad, though.

  10. Prior art ... by Dark$ide · · Score: 0
    Birdsong Radio - A peaceful Dawn Chorus broadcast live over the internet.

    Domain was registered on 21st April 2008.

    --

    Sigs. We don't need no steenking sigs.

    1. Re:Prior art ... by PhunkySchtuff · · Score: 3, Informative

      I think you're confusing copyright with patents. There's no prior art on copyright.

    2. Re:Prior art ... by Anonymous Coward · · Score: 0

      There's no prior art on copyright.

      Close enough.

  11. Profit & Lies by Mateorabi · · Score: 5, Insightful

    Of course I'm also sure that none of this has anything to do with the fact that YouTube gets a cut of those ad proceeds. And that a small user posting original content would probably opt not to insert ads, such that YouTube would be then getting a cut of zero.

    I'm also willing to venture that after going through the figleaf of a process of he-said, she-said, he-said, that there is little recourse. My guess is that any future attempt by a little guy to appeal/refute/re-dispute a big copyright holders' refutation of the original dispute will fall down some big black rabbit hole of non-responsiveness from YouTube corporate bureaucracy, complete with lack of any personal points of contact for trying to actually resolve this.

    --
    "You saved 1968." - Ms. Valerie Pringle to the crew of Apollo 8

    1. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Just have a lawyer mail them a strongly worded letter.

    2. Re:Profit & Lies by Anthony+Mouse · · Score: 5, Insightful

      Of course I'm also sure that none of this has anything to do with the fact that YouTube gets a cut of those ad proceeds. And that a small user posting original content would probably opt not to insert ads, such that YouTube would be then getting a cut of zero.

      I kind of doubt that's it. I mean sure, they get a cut of the ads, but YouTube actually has to care about what YouTube users think. There is, after all, no ad revenue if people stop posting new videos.

      It seems to me more likely that the entertainment industry is behind it. Recall that YouTube has been trying to get Hollywood to let it compete with Hulu. Of course, Hollywood is run by tyrannical despots who claim to own everything anyone has ever created, so this sort of behavior is right up their alley. And, Hollywood has never cared one lick what the users think about it.

      I mean think about it: Who is more likely to demand something user hostile? A company that makes its living based on users liking its service better than those of competitors, or a cartel that makes its money by filing lawsuits and screwing artists out of contractually agreed royalties?

    3. Re:Profit & Lies by Jeremiah+Cornelius · · Score: 1

      And coordinate all your LOiC instances... :-)

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    4. Re:Profit & Lies by im_thatoneguy · · Score: 5, Insightful

      Which is why we should go to the company directly:
      http://rumblefish.com/about-us.php

      Email them and let them know that as a potential customer and citizen you find their behavior unacceptable.

    5. Re:Profit & Lies by Anonymous Coward · · Score: 0

      you have it wrong. youtube wants what hollywood has.

    6. Re:Profit & Lies by tsotha · · Score: 2

      YouTube doesn't have to accuse anyone of anything nefarious to include ads. It's their site. They can just... do it. So I would be very surprised if that's what is happening here. More likely the automated process they're using to match music on videos isn't very discriminating, and the "copyright holder" is just lying about having reviewed the video.

    7. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Which is why we should go to the company directly:
      http://rumblefish.com/about-us.php

      Email them and let them know that as a potential customer and citizen you find their behavior unacceptable.

      A potential customer? You mean YOU, im_thatoneguy, are a huge, faceless, multinational music conglomerate with more money than God and delusions to BECOME God, if only to fix that pesky "free will" bug coded into humanity since Day One?

      Wow! And you're posting on Slashdot! Will wonders never cease!

    8. Re:Profit & Lies by PopeRatzo · · Score: 5, Insightful

      There is, after all, no ad revenue if people stop posting new videos.

      Until there's a reasonable alternative, people aren't going to "stop posting new videos".

      YouTube's revenue is now all about their deals with other content providers, because their ad revenue is going to stay pretty stable (or go up).

      This story, about Rumblefish claiming to represent the owner of the rights to a birdsong makes me sick. I think the target of our anger should be Rumblefish entirely. They're the bullies. They're the bad guys.

      This is only partly a job for Anonymous. I don't know who Rumblefish really represents, but I'm guessing that somewhere down the line is someone who cares what the public thinks. Maybe it's a record label who has an artist who makes them a lot of money. A targeted campaign directed at that artist might well make an impression.

      We're just going to have to make an example of some people to make doing business the way Rumblefish does business unacceptable. I don't know enough about them to know who to target, but unless we cause some pain somewhere, nobody's going to care. We have seen wealthy, powerful organizations brought to heel recently by public outrage. We're going to have to unleash holy hell on somebody, somewhere.

      --
      You are welcome on my lawn.
    9. Re:Profit & Lies by thebeige · · Score: 1

      Or to the CEO but made out of cut up letters from magazines

    10. Re:Profit & Lies by KiloByte · · Score: 1

      Or tell them that, while you cannot boycott them any more than you already do, their behaviour just earned The Pirate Bay or EFF another donation.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    11. Re:Profit & Lies by Anonymous Coward · · Score: 4, Funny

      Hey there, it's Paul Anthony....the guy you want to send creepy letters consisting of cut up letters from magazines...I know, you were probably just kidding. I'm the Founder and CEO of Rumblefish and saw this thread and it seems to be getting rather heated up so I thought I'd chime in, answer whatever questions I can and make myself available for a little while (have to eat in a bit) if people have questions....which it seems like they very much do.

      I'm not sure where to start b/c so much has been said but eeplox, if we have indeed mistakenly been sent a claim by YouTube's Content ID system and are inaccurately claiming a video...we'll release it. Our mission is to license music rightfully in order to compensate recording artists for their work. Claiming anything that other people / companies / organizations own is not what we're about. Rumblefish is an independent music company...not a large media conglomerate. We aim to do right by creators of all kinds.

    12. Re:Profit & Lies by Anonymous Coward · · Score: 0

      WE WANT BLOOD!

    13. Re:Profit & Lies by Kalriath · · Score: 0

      Youtube doesn't get a cut of the ad proceeds, Youtube is owned by Google. Google gets all of the ad proceeds. Then they optionally give a bit to the "content owner".

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    14. Re:Profit & Lies by erroneus · · Score: 2

      I get the feeling that since Rumblefish isn't going through the public courts system, they can lie and get away with it. And I have a feeling they don't necessarily represent anyone in any given situation and simply act first and try to collect rewards later. They probably have all the rights that Righthaven had.

    15. Re:Profit & Lies by anubi · · Score: 4, Informative

      So companies claim to own everything.

      Let them!

      Our local government is having budgetary fits right now. We are even laying off teachers,

      We all are paying stiff property tax for our homes. But its not enough.

      Corporations have spent boku bucks to have their rights to ideas, even music, dealt with as property.

      Its high time the whole benefit of property ownership be awarded. Including the benefit of property taxes.

      There are many things I would like to have, but the expense of having them makes it not worth having it.

      Why would I want an elephant if it comes with a need to feed it, house it, and care for it, even if I can charge neighborhood kids a buck to ride it?

      When I say our "Pledge of Allegiance", it starts off with my committment to Pledge Allegiance to the Flag... and ends with "Justice for All".

      If MY property is being taxed, why are "they" getting off scot-free?

      If its MY property, I have the right to tell others they can't have it. If THEY have the right to tell me I can't have it, then its their property.

      So, I am not complaining about anyone's rights, I am just saying I pay for my rights and expect everyone else to do the same.

      And I also believe we would all be better off if tax law rewarded DOING something rather than hoarding things. .

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

    16. Re:Profit & Lies by lavagolemking · · Score: 2

      Of course I'm also sure that none of this has anything to do with the fact that YouTube gets a cut of those ad proceeds. And that a small user posting original content would probably opt not to insert ads, such that YouTube would be then getting a cut of zero.

      That shouldn't matter. YouTube gets a cut of the ad revenue no matter who gets the other cut. It's just whether you make the extra profit or Rabblefish.

      I'm also willing to venture that after going through the figleaf of a process of he-said, she-said, he-said, that there is little recourse. My guess is that any future attempt by a little guy to appeal/refute/re-dispute a big copyright holders' refutation of the original dispute will fall down some big black rabbit hole of non-responsiveness from YouTube corporate bureaucracy, complete with lack of any personal points of contact for trying to actually resolve this.

      I'm not a lawyer but my understanding of the DMCA was that if you dispute it, the company has to either sue you or let it slide. It's not just a you-say-it's-yours they-say-you're-wrong thing; they make an authoritative claim to own the content in question (stating formerly that they did their research), and you dispute it and refuse to comply with the takedown. At this point, liability for infringement is passed from the service provider to you, as you force their hand; if they want DMCA action, they have to take you to court.

      From the summary here, I can't quite understand what the OP did or whether he did just that, or any of the other specific details, but I would expect YouTube to remove the ads once the company backed out of filing a lawsuit. Of course the company(ies) in question will keep doing it because there is a financial (and political) incentive and very little risk of any kind of repercussions, but that's how corporate legal departments operate and you just have to keep fighting back when they try to bully you.

    17. Re:Profit & Lies by sumdumass · · Score: 3, Informative

      The problem is with the stated policy and reasons for posting the advertisements. If they treated posting differently then the stated policy, they would have to either change the policy ot explain why. In this case, they chose to explain why which turns out to be a crock of crap highlighting the vary essence of the problems with automated infringement systems and the corporate drones claiming ownership of everything.

    18. Re:Profit & Lies by Bruce+Perens · · Score: 5, Informative

      If you were really Paul Anthony, the first thing you'd do is get a login. The second thing would be to link to your Slashdot posting from a site known to be managed by your company, so we'd be able to identify that posting as real.

    19. Re:Profit & Lies by Anthony+Mouse · · Score: 1

      Until there's a reasonable alternative, people aren't going to "stop posting new videos".

      That would almost be a good point if it weren't for the fact that Hollywood keeps
      suing them all into bankruptcy, which pretty well leads back to them being the bad guys.

      This story, about Rumblefish claiming to represent the owner of the rights to a birdsong makes me sick. I think the target of our anger should be Rumblefish entirely. They're the bullies. They're the bad guys.

      I think everyone agrees that they're the bad guys. But they're not the only bad guys. Somebody else insisted that the system be set up in a way that allows them to do what they're doing.

      That said, I agree with your general sentiment. It's past time that little piggies in brick houses stop taunting the big bad wolf before we get out the wrecking ball and have us some bacon.

    20. Re:Profit & Lies by PopeRatzo · · Score: 5, Insightful

      They probably have all the rights that Righthaven had.

      And look at Righthaven today.

      "As of November 2011, the company's assets are subject to confiscation by the US Marshals Service due to expired debts from legal fees to a successful defendant.[6] In January 2012, its domain name, righthaven.com, was sold at auction to an undisclosed purchaser to help satisfy its debts.[7]" h/t Wikipedia

      This isn't going to be a short war. It's going to have to be something we're going to fight over and over and over. But even when it's asymmetrical warfare, there is a boundary condition after which certain business models just aren't worth the hassle. You find some names to drag through the mud, and you keep dragging them through the mud until it becomes a media story, and then they over-react with a libel suit or something and then it's game over, we win.

      Do you understand that this "Rumblefish", these slimy pieces of shit who are probably well-known child molestors (the reason for their secrecy), do you understand that they forced Google to take down a completely original piece of work, something that somebody made, that contained no copyrighted material just by claiming it was theirs.

      They do this and there's nothing that's safe. Even if you own something and you've got a piece of paper saying you own something, they can just clap their hands and take it away.

      Rumblefish endangers every artist, every musician, every writer. They do not respect the rule of law, or even what's right. They just take what they want. And in this case, Google is complicit. So there we go: Google. Maybe it would make Google uncomfortable to be associated with these (alleged) child-molesting creeps at Rumblefish, but the least we can do is hang it around their necks to see how they react.

      I read a lot of yadda yadda about how "big government" is taking away our rights and all about the "second amendment" and how big tough-talking freedom-loving Libertarian gun owners are going to face down anybody who's gonna threaten their liberties. Well here it is, you simple fucks. Here it is. Big as life and twice as ugly. If some faceless company can decide that, no, you don't really own those things you made with your own two hands, they belong to us, then your Second Amendment sacred right to feel manly with some shootin' iron don't mean a goddamn thing.

      Now we find out who talks about liberty and who does something.

      --
      You are welcome on my lawn.
    21. Re:Profit & Lies by im_thatoneguy · · Score: 4, Insightful

      Or tell them that, while you cannot boycott them any more than you already do, their behaviour just earned The Pirate Bay or EFF another donation.

      Supporting organizations who don't believe in copyright such as The Pirate Bay does not help protect copyright holders such as the YouTube video submitter. I don't wan The Pirate Bay profiting from my work any more than I want rumblefish profiting from my work.

      In fact I think on principle Rumblefish is doing precisely what we as consumers and content producers have been demanding from the media industry: innovative ways for them to profit from their work.

      What Rumblefish does is allow artists to profit from YouTube videos through YouTube ad revenue. Nobody gets sued, people can post their home videos with copyrighted music for free and the artists get paid. That's an excellent solution to the desires of consumers and content producers.

      The *PROBLEM* is that Rumblefish is claiming copyright on other people's work. That's completely unacceptable--it's piracy. And that's what needs to be stopped.

    22. Re:Profit & Lies by Anthony+Mouse · · Score: 3, Interesting

      They probably have all the rights that Righthaven had.

      And look at Righthaven today.

      "As of November 2011, the company's assets are subject to confiscation by the US Marshals Service due to expired debts from legal fees to a successful defendant.[6] In January 2012, its domain name, righthaven.com, was sold at auction to an undisclosed purchaser to help satisfy its debts.[7]" h/t Wikipedia

      It gets better.

    23. Re:Profit & Lies by peatbakke · · Score: 5, Interesting

      Ack! I wish this hadn't been marked as "Insightful," although I understand why ... there have been a lot of shitty plays in the copyright world, and there are some big organizations that are clearly threatened by the Internet and Internet culture. Righthaven and others have (rightfully) made a lot of people very skeptical.

      But ... that's not what we do. :) Rumblefish works specifically for independent artists, not labels or rights organizations. The company has been around for over a decade, helping get independent music placed in films, advertisements, etc. It's still a very small company -- the founder and owner (also a musician) has posted here on the thread, and I'm around to answer technical questions about how the pieces fit together (IANAL, but I am the Lead Architect -- look me up on the Rumblefish website).

      It sucks when things don't go right, especially when it's such a hot button issue, and we're really interested in doing the right thing -- both for independent musicians and video creators. We're working on resolving the issue with eeplox's video. We're here in the thread to answer questions.

      Believe me ... everyone wins when good music is inexpensive and readily available on YouTube.

    24. Re:Profit & Lies by Midnight+Thunder · · Score: 2

      Just limit this to contacting the EFF. See whether they can provide you any guidance.

      --
      Jumpstart the tartan drive.
    25. Re:Profit & Lies by Mistlefoot · · Score: 4, Funny

      No. If he was the real Paul Anthony he'd be suing the bird for performing the Rumblefish owned song in front of an audience.

    26. Re:Profit & Lies by peatbakke · · Score: 5, Informative

      Hey Bruce -- we've met a few times at open source / security related conferences in the early 2000s, although I'm not sure you would remember me. My work was with the Immunix Linux distribution, and some other Linux-related startups.

      I can vouch for the parent (#39168105) being Paul Anthony, CEO of Rumblefish. I'm the Lead Architect at Rumblefish, and we've been working on this issue this evening. Forgive him; he's a musician, not a geek. :-)

    27. Re:Profit & Lies by Jah-Wren+Ryel · · Score: 5, Insightful

      The problem I have with your CEO's response is this:

      if we have indeed mistakenly been sent a claim by YouTube's Content ID system and are inaccurately claiming a video...we'll release it.

      He's treating it like a one-off. The claims so far are that the bird song was "reviewed" - if it was reviewed by a human then this should never have happened. Humans make mistakes, but confusing a bird song for a human performance is beyond the range of reasonable human error - suggesting a process where the human has been removed. Something we absolutely know happens with the big-time members of the MAFIAA in their over-zealous pursuit of pirates because they have admitted it in court in more than one case.

      So the real problem here is the process and simply "releasing" one falsely claimed video is to miss the forest for the trees. The only satisfactory response is to explain what happened and then to take steps to make sure that it never happens again.

      --
      When information is power, privacy is freedom.
    28. Re:Profit & Lies by Ralph+Spoilsport · · Score: 1, Funny
      Choke on your own tongue you greedy lying ignorant proprietarian piece of crap.

      I will never EVER give you a dime. For anything. You just bought yourself a whole world of hate, and you deserve it you ignorant whore.

      Oh, and by the way - give Coppola back his Rumblefish - he's put it to better use than you ever will.

      dungbeetle.

      --
      Shoes for Industry. Shoes for the Dead.
    29. Re:Profit & Lies by Anonymous Coward · · Score: 0

      So do the right thing, release his video with nature's own music... if not, you're full of shit and lies.

    30. Re:Profit & Lies by Anonymous Coward · · Score: 1

      Thanks for clearing that up. I thought it was really him!

      -- Bill Gates

    31. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Why not resort to violence? Democracy doesn't work. Voting doesn't work. Bureaucracy wont work. All those things have been bought out from under us. We should go back to the old ways. At least then something will be done.

    32. Re:Profit & Lies by Requiem18th · · Score: 1

      You committed a crime, not a civil infraction, A CRIME, you should not be able to get away with an apology, other criminals can't. But thanks to our corrupt laws you will. Motherfucker.

      --
      But... the future refused to change.
    33. Re:Profit & Lies by peatbakke · · Score: 4, Informative

      Heya,

      Forgive us for being a little short in our responses -- it is a complex issue, and we're working through it on a Sunday evening. :)

      The YouTube content identification and dispute resolution system is not a simple one; right now we're focused on resolving the critical issue with eeplox. This is something that will unfold over the next couple of days, and we'll be doing what we should -- make sure we figure out exactly what happened, and put guards in place to prevent it in the future.

      Thanks,
      -Peat

    34. Re:Profit & Lies by BlueStrat · · Score: 1

      The *PROBLEM* is that Rumblefish is claiming copyright on other people's work. That's completely unacceptable--it's piracy. And that's what needs to be stopped.

      1> Find a Federal prosecutor that's hungry for PR and/or needs a big case for some other reason.

      2> Convince him/her to file against Rumblefish under RICO (this will be the hardest part) and have all their records and assets seized.

      3> Simultaneously file a class-action civil suit for damages.

      4> Profit?

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    35. Re:Profit & Lies by Hognoxious · · Score: 2

      Hey there, it's Paul Anthony....the guy you want to send creepy letters consisting of cut up letters from magazines

      Nah, you're bonch - just like everyone else.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    36. Re:Profit & Lies by Hognoxious · · Score: 5, Insightful

      This isn't the kind of thing that can be put down to an honest mistake.

      The claim that it had been reviewed by the content owner is obviously false becaue it's actually impossible for you to have done so.

      You lie, and you lie systematically.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    37. Re:Profit & Lies by Anonymous Coward · · Score: 4, Insightful

      "The *PROBLEM* is that Rumblefish is claiming copyright on other people's work. That's completely unacceptable--it's piracy. And that's what needs to be stopped."

      They need to be fined the same amount, or more, that any normal citizen would be fined for an act of piracy. But of course that's not going to happen, Rumblefish gets the high court treatment. Notice how they have CNBC at the bottom of their page, like I said, they get the high court treatment. They won't get fines in the hundreds of thousands of dollars per infringement, that only applies to us commoners.

    38. Re:Profit & Lies by tapspace · · Score: 1

      You cannot possibly wake up in the morning, look yourself in the mirror and be happy to be a part of this organization. The RIAA represents a good number of indie lables, too... You sicken me.

    39. Re:Profit & Lies by whoever57 · · Score: 5, Insightful

      Forgive us for being a little short in our responses -- it is a complex issue, and we're working through it on a Sunday evening. :)

      I suspect you are bing disingenuous here. Why have you and your CEO been posting here without first checking the YouTube video and "releasing" it? There are complex issues here, but there is one simple issue: whether this particular video has any copyrighted material that you control. The fact that you and your CEO have spent your Sunday evening posting in /. before checking the specific video speaks volumes about your priorities.

      --
      The real "Libtards" are the Libertarians!
    40. Re:Profit & Lies by whoever57 · · Score: 1

      And I should have said -- you have wasted your time. You have wasted much of your Sunday evening. Reviewing the specific video and releasing it immediately would have defused a lot of the anger expressed here. Instead of whining about how complex the issues are, you should have taken the necessary action first, then explained the issues here.

      --
      The real "Libtards" are the Libertarians!
    41. Re:Profit & Lies by James_Duncan8181 · · Score: 3, Interesting

      Your company lied on the review, and tried to claim birdsong as your own whilst defaming eeplox by accusing him/her of being a pirate. I hope you feel ashamed of the place you work for, and the way in which it just tried to misappropriate revenue from work you had no part in. I only wish there were criminal sanctions for the person at your company who made the false counterclaim refutation; it isn't at all reasonable to have believed it was copyrighted/represented by yourselves.

      --
      "To any truly impartial person, it would be obvious that I am right."
    42. Re:Profit & Lies by Anonymous Coward · · Score: 1

      Can you dispute what the first respondent said, though? That Rumblefish's claims that content owners have confirmed that the video includes copyrighted content is, quite simply, a lie? Because it is, right? The company you're defending is straight-up lying about copyright on this video. That's not 'things not going right'.

    43. Re:Profit & Lies by James_Duncan8181 · · Score: 4, Insightful

      Again: Your company lied on the review, and tried to claim birdsong as your own whilst defaming eeplox by accusing him/her of being a pirate. I hope you feel ashamed of the place you work for, and the way in which it just tried to misappropriate revenue from work you had no part in. I only wish there were criminal sanctions for the person at your company who made the false counterclaim refutation; it isn't at all reasonable to have believed it was copyrighted/represented by yourselves. Please explain how the decision to make a refutation was determined, given that it is a legal statement.

      --
      "To any truly impartial person, it would be obvious that I am right."
    44. Re:Profit & Lies by slippyblade · · Score: 5, Interesting

      No. This is NOT a complex issue. You claimed ownership of something that was not yours. Sure, the first time was an automated script. However, the SECOND time was apparently by the "copyright owners" and they verified ownership. This was a lie.

      So, it boils down to this. Your company which supposedly represents artists is engaged in piracy. You are stealing IP from others by claiming ownership even when it is obvious to any sane human that it is not yours.

      It is not complex. It is very simple. It is pre-school simple. You are thieves hiding behind a corporate mask.

    45. Re:Profit & Lies by Anonymous Coward · · Score: 0

      This is marketing bullshit. It's not going to work.

    46. Re:Profit & Lies by peatbakke · · Score: 5, Informative

      The simple and necessary action (reviewing, confirming, and releasing the video) was done very shortly after we became aware of the issue -- several hours ago.

      Right now, I'm interested in responding to reasonable questions as best I can; next, we will be reviewing what happened, and following up appropriately.

      It's not a wasted evening. People are pissed, and although I can't provide the ultimate answers right now, I don't think it's appropriate to simply disappear.

      Thanks,
      -Peat

    47. Re:Profit & Lies by justforgetme · · Score: 1

      I'm not sure.

      Google wants to play nice with the IP behemoths in order to continue to have things like the VEVO network and film trailer channels which provide an awful lot of views to them.

      Google will also refuse to advertise `youtube video downloaders` (like savetu.be) because they accuse them of copyright infringement; which is a false accusation.

      --
      -- no sig today
    48. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Notice how, at the bottom of the page, it lists CNBC and a bunch of other companies ... could it be that Rumblefish is a shell company?

    49. Re:Profit & Lies by justforgetme · · Score: 1, Insightful

      Your post should be a +5 by now...

      BUT: No, he didn't lie. He didn't mention the review or the review panel at all. I'm not saying that he is a saint I'm just saying that he just posted the usual office politics that calms masses down.

      "It sucks when things don't go right"

      It does. But who went blindly claiming copyrights?

      "I'm around to answer technical questions about how the pieces fit together "

      Well, he waists our time by writing prologue but doesn't actually explain a thing.

      "We're working on resolving the issue with eeplox's video"

      Again: politic speech comes to mind. Again: who went shoot first and why isn't he punished?

      This guy is just there to waste people's time by appearing helpful. PR faggot in other words.

      My 2c? Make false copyright claims of companies a major human rights offense and shift responsibility to the person who published the claim. In the matter of months no IP behemoth's employee will be pushing those buttons.

      --
      -- no sig today
    50. Re:Profit & Lies by andymadigan · · Score: 3, Insightful

      As someone else has said, you need to explain how the "review" didn't catch an obvious error, and you need to fix your process.

      Making automatic claims of ownership (a.k.a robosigning) recently resulted in a lawsuit in all 50 states against the biggest banks in the nation, and New York virtually has a tradition now of having AGs that sue big companies to get their names in the paper (their last two elected governors were both former AGs).

      Want to have an automatic system flag potential copyright violations? Fine, but you need a real human reviewing it, and if they screw up, your company should be fined for making false claims. That's the only way to keep companies accountable for their actions. Otherwise, you have incentive to claim you own everything.

      --
      The right to protest the State is more sacred than the State.
    51. Re:Profit & Lies by Anonymous Coward · · Score: 0

      You do not have the authority to "release" something that never belonged to you in the first place, you arrogant sack of shit.

    52. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Well here is their info

      http://www.rumblefish.com/about-us.php

    53. Re:Profit & Lies by Engeekneer · · Score: 2

      I think it's good and interesting that you actually follow the discussion about your company on social media. This gives you a chance of setting right some misconceptions, but it would help a lot if you would actually give enough information to do so.

      For example, in the article it is mentioned, that even after a review this had been flagged as your material. Could you explain this? Should this not involve a manual step of actually looking through the video in question? I'm pretty sure if that if this was done manually, this situation would never have come up.

    54. Re:Profit & Lies by AmiMoJo · · Score: 1

      The *PROBLEM* is that Rumblefish is claiming copyright on other people's work. That's completely unacceptable--it's piracy. And that's what needs to be stopped.

      In fact it is commercial piracy for profit, which is actually a crime as opposed to mere copyright infringement which is a civil matter. If you want the power to put ads on YouTube videos at will you had better accept the responsibility that goes with it, and clearly Rumblefish hasn't because they can't even be bothered to get a human to review contested videos.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    55. Re:Profit & Lies by Sosarian+Avatar · · Score: 1

      Oh, and by the way - give Coppola back his Rumblefish

      Better yet, give it to S.E. Hinton -- Rumble Fish was a novel written by her several years before she co-wrote the screenplay based on it with Coppola.

      --
      Apathy Sucks, Nobody for President!
    56. Re:Profit & Lies by rk · · Score: 4, Insightful

      All the emoticons typed since the internet began won't change the fact that this is, in fact, what you do. Your company is engaging in scummy behavior and you're defending it with a shrug off "It sucks when things don't go right."

      Oh, I just quoted you. Maybe you can come after slashdot for the ad revenue whenever someone reads my post.

    57. Re:Profit & Lies by Anonymous Coward · · Score: 1

      If you are Paul Anthony, what do you say this is:

      All content owners have reviewed your video and confirmed their claims to some or all of its content:

      Entity: rumblefish Content Type: Musical Composition

      It's clearly a lie. "Content owners" implies human beings, because a computer program cannot own content. No human being could possibly have reviewed that video and in good faith "confirmed their claims" to birdsong. So who's the author of that lie, Youtube or Rumblefish?

    58. Re:Profit & Lies by Half-pint+HAL · · Score: 1

      I'm also willing to venture that after going through the figleaf of a process of he-said, she-said, he-said, that there is little recourse

      There is only the courts. The OP now has written evidence of fraud. When the automatic system gave Rumblefish credit, YouTube and Rumblefish had plausible deniability -- "it was a computer error" -- case closed. But now they have claimed to have looked at it, and made a decision. They've forked themselves: it's either fraud because they've claimed to listen to something but haven't, or it's fraud because they've listened to something that clearly isn't theirs and claimed it's theirs.

      Unfortunately, because this is yet another "small target", it's individually hardly worth taking to court. But given that it happens again and again and again, something needs to be done.

      Both YouTube and Rumblefish need taken to court. We need an injunction against YouTube that obliges them to stop allowing "bad faith" claims from the likes of Rumblefish, effectively forcing them to re-evaluate such claimants if there is a significant volume of challenges (with threat of higher penalties than otherwise) and we need someone from Rumblefish thrown in jail for fraud, extortion and racketeering.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    59. Re:Profit & Lies by blind+biker · · Score: 1

      Supporting organizations who don't believe in copyright such as The Pirate Bay

      Lie.

      The Pirate Bay (not the Pirate party I assume) is neither for nor against copyrights - but the Pirate Party is supportive of sane copyright terms and conditions i.e. not what we have today.

      Who modded up this dreck?

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    60. Re:Profit & Lies by Half-pint+HAL · · Score: 1

      The simple and necessary action (reviewing, confirming, and releasing the video) was done very shortly after we became aware of the issue -- several hours ago.

      Too little, too late. The fact that you were not "aware of the issue" earlier is the problem. The fact that you were not aware of it shows that your systems or procedures issued a notice in response to the OP's appeal. That response claimed that you had reviewed the video. However, the nature of the response proves that you had not. This is fraud, and you should have procedures in place to prevent corporate fraud -- it's a simple question of good governance.

      Your company's mission is one that many people would support, but actions like this generate ill will. In my reckoning, the source of the problem is that your business plan is impossible to execute within the financial constraints of your chosen revenue stream -- ie. YouTube doesn't pay enough per play for you to be able to afford enough staff to review videos.

      The problem, then, is YouTube, but what can you say, because even though they don't pay enough for the workload they generate, they're your main source of income.

      So as I've said all along, YouTube is a leech, making money off everyone and hiding behind the "mere conduit" defense while marketing their brand to the hilt.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    61. Re:Profit & Lies by Alranor · · Score: 3, Insightful

      You say that the necessary actions were taken shortly after you became aware of the issue, but how can you reconcile that with the "All content owners have reviewed your video and confirmed their claims to some or all of its content" answer that the video uploader was given when he disputed the takedown notice?

      Either Google are lying about you having responded by confirming that you own the copyright to the birdsong, or you're lying about having reviewed the video.

      Which one is it?

    62. Re:Profit & Lies by oreaq · · Score: 1

      Right now, I'm interested in responding to reasonable questions as best I can

      You wrongfully claimed that you have the copyright over a video that some random person posted on youtube in order to make money from people watching that video. That is fraud. What do you as an insider to the IP business think is an apropriate punishment for your fraud?

    63. Re:Profit & Lies by iapetus · · Score: 2

      But ... that's not what we do. :) Rumblefish works specifically for independent artists, not labels or rights organizations.

      I guess what you need to do now is get those specific birds to post on Slashdot about how happy they are with the service they're receiving from Rumblefish, then.

      You shouldn't be 'working on resolving the issue with eeplox's video'. You should have released it immediately, apologised, and passed on a sum of money to compensate him for any advertisements you benefited from on his video and the inconvenience and insult you've caused him.

      Then maybe you could look at putting the PR side of this to rights.

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
    64. Re:Profit & Lies by Anonymous Coward · · Score: 0

      right now we're focused on resolving the critical issue with eeplox

      What is taking so long ?

              Click the button to say 'this content is not owned by us'
              Ask eeplox to post an update to confirm

      Or are you trying to tell us you don't know how to mark something as 'not yours' ?

    65. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Fuck you liars! How does everyone win when Rumblefish asserts ownership of bird songs!?!?!?

      Even birds lose when Rumblefish extends their greedy grip around the necks of birds to silence them.

    66. Re:Profit & Lies by paper+tape · · Score: 4, Insightful

      The folks from Rumblefish are trying to do damage control - which at this point, any reasonable company would do.

      It is possible that the "reviews" were done by an automated system on their side, which would be bad.

      It is also possible that the "reviews" were done by a lazy human on their side who if there is any justice in the world, is in the process of being fired.

      If the former case is true, it was a bad business model by the company which is now coming back to bite them.

      If the latter case is true, then the company representatives posting here may just be decent people trying to make the best of a bad situation.

      Either way, I'd say give them the benefit of the doubt. If the bogus infringement notices continue after this, we can break out the pitchforks and torches - otherwise it can be counted as a lesson learned.

    67. Re:Profit & Lies by Anonymous Coward · · Score: 0

      You're not actually expecting someone to manually review all the videos posted on youtube, do you? If so, you just have no idea how much is being posted there. It's a job which just has to be automated. The trick, then, is to make sure errors made by that automated system are handled appropriately, and it seems to me Rumblefish genuinely try to do that.

      You should all beware of projecting your fear and hatred of copyright holders onto all and any player in the field. There are a lot of different companies out there - some are big, greedy corporations, others are small to medium-sized companies run by decent people. Lumping all togheter in some crusade of hate doesn't help anyone.

    68. Re:Profit & Lies by Anonymous Coward · · Score: 1

      I don't think you guys are getting it. This one particular incident is bad but it`s more than just looking after one bad situation and apologizing for it or even making amends. The problem for you guys here is that this incident has in fact exposed a method of, and approach to business that clearly indicates an ethical lapse that in institutionally ingrained in your company.

      "sorry, we won`t ever do it again" doesn't work for bank robbers in court and it won't work for you here. You have to figure something else out and frankly, I don't see what it would be because whatever it is, it's got to be a demonstration that your ethics have actually changed and that's a tough bill to pay. From my perspective as a puny, defenceless consumer that could one day be a victim of your thoughtless approach to people's creations, there's no reason I need your organization to exist and worse that that, evident reasons for me to desire your organization to simply collapse and never come back.

    69. Re:Profit & Lies by TheMathemagician · · Score: 1

      No believe me ... everyone wins when people can upload their own creations to youtube without corporations claiming to own their content and denying them any review process or appeal. I'm sure you're a decent person but if Rumblefish is a small company and you're taking their coin then this is on you as well. Never mind answering technical questions, why aren't you answering the question as to how an obvious false ownership claim like this is happening?

    70. Re:Profit & Lies by Anonymous Coward · · Score: 0

      we need to create an army of our own corporations we can "steal" from and the file the first complaint for... thereby cornering the market and at least getting the money for ourselves.

      Or perhaps we can assign copyright to the EFF (some friendly non-profit) and they can make the claim, and get the revenue.

      This isn't a great situation, but at least we could choke the system with our complaint first.

    71. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Then go sue every bird singing your copyrighted song, troll. Lets we forget to sue the mockingbird as well,

    72. Re:Profit & Lies by O('_')O_Bush · · Score: 1

      Unfortunately, our Constitutional rights only extend to protections from the government, not from corporations or each other.

      I really wonder which of us here is a "simple fuck".

      If you want protections from corporations, and defined liberties outside of government, you'll need to draft a new Bill of Rights with them included.

      --
      while(1) attack(People.Sandy);
    73. Re:Profit & Lies by PopeRatzo · · Score: 2

      Unfortunately, our Constitutional rights only extend to protections from the government, not from corporations or each other.

      Of course, but liberty is liberty. And corporations are the de facto government now.

      All of my comments apply equally to a government that would "take away our liberty". If that ever happens, then we need to follow the same prescription. The way I see it, circa USA, 2012, if you have a liberty-problem, there's almost always a corporation behind it.

      --
      You are welcome on my lawn.
    74. Re:Profit & Lies by PopeRatzo · · Score: 1

      ) Rumblefish works specifically for independent artists, not labels or rights organizations. The company has been around for over a decade, helping get independent music placed in films, advertisements, etc. It's still a very small company -- the founder and owner (also a musician) has posted here on the thread, and I'm around to answer technical questions about how the pieces fit together (IANAL, but I am the Lead Architect -- look me up on the Rumblefish website).

      And all this matters why?

      It sucks when things don't go right, especially when it's such a hot button issue, and we're really interested in doing the right thing -- both for independent musicians and video creators. We're working on resolving the issue with eeplox's video. We're here in the thread to answer questions.

      The YouTube discussion thread shows that the problem is widespread. It's not just "eeplox's video".

      And as far as I can tell, eeplox's video is still not posted without ads. How long does it take the Rumblefish legal team to determine that they don't own the rights to bird sounds? And why does resolving the issue take so much longer than it does for you to send out a takedown notice?

      Believe me ... everyone wins when good music is inexpensive and readily available on YouTube.

      There are a couple of very big and very questionable assumptions in that statement.

      --
      You are welcome on my lawn.
    75. Re:Profit & Lies by Anonymous Coward · · Score: 0

      I don't want to make bold accusations like some folks on here. I guess the question most of us have is what is the process after a video copyright claim has been challenged. When the owner of that video counters and says it's his (or hers), do you have a human look at it?

      From my understanding of DMCA takedown notices, after a counterclaim is given by the individual, you guys have to follow up through legal channels. It doesn't sound like that happened.

      As far as identifying the content as copyrighted, I think that's bound to happen. My spouse works in media recognition and I know that most fingerprinting algorithms have to hash some elements of the song. Sometimes there's collisions such as most Nickelback sounds appear to be the same. For me, the issue is simply the second step in this process. I don't think computers are ever going to be able to recognize every song distinctly with 100% accuracy.

    76. Re:Profit & Lies by PopeRatzo · · Score: 1

      My 2c? Make false copyright claims of companies a major human rights offense and shift responsibility to the person who published the claim.

      Absolutely. Positively. This is very insightful.

      --
      You are welcome on my lawn.
    77. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Which is why we should go to the company directly:
      http://rumblefish.com/about-us.php

      Email them and let them know that as a potential customer and citizen you find their behavior unacceptable.

      Or more directly here: YouTubeContentID@rumblefish.com

      Webpage: http://rumblefish.com/id/youtube-content-id.php

    78. Re:Profit & Lies by vipw · · Score: 1

      How is reviewing the content more time consuming than creating the content? If someone really thinks they deserve to be a gatekeeper of what people share with others, then why wouldn't they have to put actual effort into it?

    79. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Make sure you fix the problem and provide compensation to eeplox for your copyright infringement and unlawful appropriation of his IP. If you don't, then I hope he files a lawsuit against your company.

    80. Re:Profit & Lies by PopeRatzo · · Score: 1

      If the latter case is true, then the company representatives posting here may just be decent people trying to make the best of a bad situation.

      Even if the company representatives posting here are decent people, their company's model is not decent.

      I understand that everybody has to make a living, but online, "reputation defender', "New Media Strategies" types of jobs are beyond the pale. Better to do something honest, like deal drugs, I think.

      Either way, I'd say give them the benefit of the doubt. If the bogus infringement notices continue after this, we can break out the pitchforks and torches - otherwise it can be counted as a lesson learned.

      There's a problem with this approach. Stepping over the line, way over the line, and waiting to see if anybody notices, is now a common business model. There is a pressing social need in convincing corporations that this a bad strategy. Unfortunately, it's going to require making an example out of someone who does it.

      The more I learn about Rumblefish's business model, the way they go about their business, the more I believe the whole thing is rotten. Yeah, I'm sure there are some plenty nice people working there, but maybe we have to make it unfashionable to work for companies who do bad things, you know? Maybe we have to make it a little less acceptable to do fucked up stuff "just for the paycheck".

      I'm thinking zero tolerance for obviously false copyright claims. And if there is some automated system doing this, that's even worse than if it was some lazy employee. I don't think it's either. I think they're going to grab until someone slaps their hand away.

      --
      You are welcome on my lawn.
    81. Re:Profit & Lies by Anonymous Coward · · Score: 0

      If you guys want to be so "open and proactive" regards this, why isn't there any statement in your website's blog about this problem.

      Reading your website, it seems to me that your company is trying to deal with the very serious problem of claiming ownership to other people's works by pretending it is not happening.

    82. Re:Profit & Lies by Anonymous Coward · · Score: 1

      It's pretty simple. Whoever at your company that is supposed to be reviewing these claims, isn't. He's probably figured out that he can just say "yes, that's ours" and there have been no consequences until today. Find that guy and fire his ass.

    83. Re:Profit & Lies by mcgrew · · Score: 1

      Why doesn't the DMCA require proof that you actually held the copyright before issuaing a takedown notice? It's fraud to issue a notice to a work you don't hold copyright to.

      My advice to the OP (TFS) -- register the copyright on your work. It's only $35, and you have proof that you, not the big corp, are the copyright holder.

      Oh, and a pedantic nit to the AC FP -- it's bald faced lie, not "bold faced lie."

    84. Re:Profit & Lies by Jiro · · Score: 1

      What? According to the article, it was "confirmed" that the birdsong belongs to your company.

      You're saying that the simple and necessary action of confirming the video was just done now? I thought we were told that you *already* confirmed it. You know, "'All content owners have reviewed your video and confirmed their claims to some or all of its content."

      The conclusion that is obvious to many people here is that you're really confirming it now, but your previous "confirmation" was a fake. You seem to have a habit of doing fake confirmations and only following up with real ones when the fake ones get enough bad publicity. Iff there *hadn't* been an embarrassing article on Slashdot about it, it simply would have been fake-"confirmed" as belonging to your company and that's that--no way to appeal.

    85. Re:Profit & Lies by James_Duncan8181 · · Score: 1

      Are you planning never to answer my question? Please explain how the decision to make a refutation was determined, given that it is a legal statement.

      --
      "To any truly impartial person, it would be obvious that I am right."
    86. Re:Profit & Lies by Barbara,+not+Barbie · · Score: 1

      It's not complicated - you claimed to own copyright on a bird song - AFTER being given a chance to review your original claim.

      It's not complicated at all. Rather than making excuses, you should have just come out and said "We screwed up, we'll make it right." Spin, spin, spin is old, old, old.

      --
      Let's call it what it is, Anti-Social Media.
    87. Re:Profit & Lies by santiagoanders · · Score: 1

      Don't have mod points, but this is an awesome post.

      --
      "There can be little doubt that union activities lead to continuous and progressive inflation." F. A. Hayek
    88. Re:Profit & Lies by Anonymous Coward · · Score: 0

      You're not actually expecting someone to manually review all the videos posted on youtube, do you?

      Yes, we do. If you're claiming ownership, you damn well better have a human review EVERYTHING since this is a LEGAL matter.
      Look at what "robo-signing" has done for the mortgage business. You're going full retard on this.

    89. Re:Profit & Lies by Anonymous Coward · · Score: 0

      So basically, you take over someone's work at will and when you are ready, you release it back to them?

      I mean, really? I got no problem with people protecting their intellectual property. And if you make your living helping people do that, more power to you. But you made yourself God over other people's work. Only when YOU decide to release something marginal - like birds singing - then the originator can have it back. YOU stole someone's work and gave it back when you said so.

      Rightly or wrongly, this is why the devision between shmucks like us and the music companies exist - and will only get wider. There is no justification for irresponsibility. You are no less a thief than those you claim to protect.

    90. Re:Profit & Lies by parliboy · · Score: 1

      I don't expect all videos to be manually reviewed. I do expect all disputes to automated claims to be manually reviewed, within 48 hours, and resolved correctly. That didn't happen here.

      Rumblefish screwed up, end-of-story. Hopefully they realize the problems with their processes and implement better ones. If so, then this might be accepted as a one-off.

      --
      "You're never ready, just less unprepared."
    91. Re:Profit & Lies by Anonymous Coward · · Score: 0

      It's impossible that maybe they had more than one claim, and by accident clicked through this claim

      If that makes it okay, then shit, I have a perfect defense next time I get accused of pirating something by my ISP. "Sorry guys, I was downloading more than one perfectly legitimate torrent and I accidentally downloaded one of pirated material. I am reviewing the matter internally and will take the necessary steps to ensure this doesn't happen in the future."

      Think that will be enough to satiate the MAFIAA when they're trying to have me sent to Federal Pound Me In The Ass Prison over downloading a few fucking Wii games that aren't even released here in the States? But we're supposed to be satisfied with that shit when it's a major corporation saying it? Come the fuck on.

      This is all skewed so much in the MAFIAA's favor that it's apparent to anyone with half a brain. The penalty for a false claim should be identical to the penalty for a legitimate one. Time for Rumblefish's account to be fucking deleted, all their videos erased, and their ads taken down. If it was a single user doing this shit, that is what would happen, but because Rumblefish is a corporation, they're not a person, they're a superperson and the rules don't apply to them.

      And people wonder why this country is on the verge of dragging out the C-level execs from their towers and beheading them on the fucking street. Corporations are being just as abusive to the people as the goddamned aristocracy was, they're just obfuscating it better.

    92. Re:Profit & Lies by Anonymous Coward · · Score: 0

      I did just that and told them to get fucked in no uncertain terms. Fuck them and fuck the artists they represent. Fuck anyone trying to silence the web.

    93. Re:Profit & Lies by poetmatt · · Score: 1

      Read Rumblefish's bullshit reply too:

      4. I don’t want advertising next to my video, I don’t like it.

      YouTube provides a free video sharing service for hundreds of millions of users. The way that YouTube generates revenue to pay for the service is via advertising on pages where content has been identied. Supporting the Content ID system helps keep YouTube free for everyone and it’s a small price to pay

      Basically "don't pay attention to the millions were making off you - it keeps youtube free and it's a small price to pay!" aka don't pay attention to the fact that youtube was free before advertising as well, and that it's not a small price to pay - inconvenience makes things not worth watching.

    94. Re:Profit & Lies by Anonymous Coward · · Score: 1

      The simple and necessary action (reviewing, confirming, and releasing the video) was done very shortly after we became aware of the issue -- several hours ago.

      I call bullshit on this. If it were, indeed, done "several hours ago" (at the time you made the previous post), then you'd have said that in previous posts - INSTEAD OF letting everyone get all worked up about the fact you were still claiming copyright over something that is not yours. However, you didn't do this.

      This looks like your initial post:
      http://slashdot.org/comments.pl?sid=2693545&cid=39168201 (about 13 hours ago)
      You make no mention of the issue with eeplox being resolved.

      Your second post (about 12 1/2 hours ago):
      http://slashdot.org/comments.pl?sid=2693545&cid=39168473
      In this second post, you're still spouting off about working with eeplox to resolve the issue. Ergo, issue still not resolved.

      Third post (about 11 1/2 hours ago):
      http://slashdot.org/comments.pl?sid=2693545&cid=39168671
      Here, you are still saying that you'll

      get it sorted out with eeplox directly.

      So, still not resolved.

      Post 4 (about 11 hours ago):
      http://slashdot.org/comments.pl?sid=2693545&cid=39168753
      No mention the situation with eeplox has been resolved.

      Post 6 (a little over 9 1/2 hours ago AND only 1 1/2 hours PRIOR TO your post above!):
      http://slashdot.org/comments.pl?sid=2693545&cid=39169249

      right now we're focused on resolving the critical issue with eeplox.

      So, in other words, the video still has not been released.

      So, here again you're lying about the situation. If there were any way to help take MORE business away from your company, I'd do it. However, since I am not a musician and am not friends with any musicians (independent or otherwise), the best I can do is make sure anyone I talk to that might have the smallest glimmer of interest in working with your company hears about this and, to the best of my ability, is dissuaded from working with Rumblefish (and whatever other entities your CEO dreams up in the future to replace this one's purpose after this one folds).

    95. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Flood YouTube with cats meowing, birds singing, dogs barking, etc.
      Humiliate Rumblefish publicly, loudly, and repeatedly when they fuck up and claim ownership of each clip.
      They will either be forced to actually review each clip posted to YouTube (which is what they're paid to do), or be humiliated into becoming hermits, or they can get real jobs.

    96. Re:Profit & Lies by El+Torico · · Score: 1

      I wonder if anyone in Anonymous just thought of their next target.

      --
      In the land of the blind, the one-eyed man is usually crucified.
    97. Re:Profit & Lies by Anonymous Coward · · Score: 0

      While I agree it is laughable and bad that the big bad shadowy company did this mean and arbitrary and unjust thing, I ask, if you're not too busy bubbling over with bile and glowing white-hot with holy rage, if you would be so kind as to give a ballpark figure on the mass or weight of the thing "they" took away.

      How many kilograms did that weigh? The "no such thing as intellectual property" goes both ways. I'll agree this was morally wrong, but before running to the gun cabinet, and locking and loading a single gun because big, bad, evil corporations took away your YaoTub video... how much was that video worth?

    98. Re:Profit & Lies by Anonymous Coward · · Score: 0

      This isn't simply a mistake. (Oops, that song sounded like X, which we defend the rights to). This is mistaking the sounds of nature as copyrighted content. If it was a human doing this confirmation, it was utter incompetence. If it was a computer checking it, then that's unacceptable because that step of the process is supposed to be done by humans. In either case, we need to hear that they plan to change the process, either train the reviewers that they are NOT just there to rubber stamp all the complaints, and their jobs are on the line if they do them wrong, or to replace the computer with real people.

    99. Re:Profit & Lies by evil_aaronm · · Score: 1

      Re: #1 - the Feds are too busy raiding Native American smoke shops' K2 and Spice, among other things.

      http://www.buffalonews.com/city/article739114.ece

    100. Re:Profit & Lies by squidflakes · · Score: 1

      Hey there Paul,

      I'm going to have to ask that you cease and desist any "chiming in" as I hold the copyright to all chiming, ringing, or gonging sounds, regardless of the entity or group of entities that produced them.

      As such, I will be sending you an invoice for this instance and my team will be computing an additional fee based on all other probable instances of your use of chiming, ringing, or gonging sounds.

      I'm sure you'll understand that there are profits to be made here, and I'm just trying to protect my intellectual property rights. Also, please remember that our terms are Net 15.

    101. Re:Profit & Lies by aitikin · · Score: 1

      I just lost my mod points yesterday, but I'm curious why anyone modded this funny? Even if it's not him (which at least one poster has responded to claiming validity behind the original), I don't see much humor in it. Sure, it sounds a little bit like complete and utter marketing bullshit, but I don't find it funny at all. If anything I'd find it sad that he doesn't quite get the /. ways...

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    102. Re:Profit & Lies by mcgrew · · Score: 1

      I think it's good and interesting that you actually follow the discussion about your company on social media.

      Why? Its to their benefit, not ours. I agree with the earlier poster, how the hell do these "people" sleep at night? They belong in prison. Too bad there are no laws in place to put them there. Too bad congress won't pass laws making such abuses as costly as copyright infringement, as this is far, far worse. Also, I find it disgusting that three minutes and fourteen seconds of silence is copyrighted, let alone birds singing.

      The only thing good is the fact that he admits working for them, instead of anonymously shilling and pretending to be a neutral party.

    103. Re:Profit & Lies by operagost · · Score: 1

      Those are contained in civil and criminal law. I understand, our own elected representatives seem to have trouble figuring out what laws they can pass and what requires a constitutional amendment.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    104. Re:Profit & Lies by Anonymous Coward · · Score: 0

      If you want to "make it right", there's one thing you MUST do. The initial takedown is automated? This should be fixed so it's only flagging true violations, but it's not the serious problem. The serious problem is, when someone has filed a counterclaim -- DO NOT FALSELY CLAIM YOU'VE REVIEWED THE VIDEO WHEN YOU HAVEN'T! You simply have to have an actual human being looking at these counterclaims.

                If you are a) falsely claiming you've reviewed the videos when you haven't or b) "reviewing" the videos by running them through the same faulty system that flagged them to being with, then you are abusing the system. People are not supposed to have to contact you to get things cleared up, the counterclaim is the point where it is your obligation to clear them up.

    105. Re:Profit & Lies by Anonymous Coward · · Score: 0

      The simple and necessary action (reviewing, confirming, and releasing the video) was done very shortly after we became aware of the issue -- several hours ago.

      The simple and necessary action in this case is to suspend your review process in a fail-safe manner (i.e. do not claim copyright on anything) until you have had time to analyse and fix the problems you are experiencing.

    106. Re:Profit & Lies by hb253 · · Score: 1

      Boku?

      --
      Self awareness - try it!
    107. Re:Profit & Lies by powerlord · · Score: 1

      Haven't seen anything listed, but I would bet that they somehow "fingerprint" their media, and then use something akin to Shazam to see if a given soundtrack can be matched against the fingerprints in their catalogue.

      The real issue here is how do you handle Copyright for "naturally occurring sounds" (Birds, Waves, Wind through Trees)? Chances are someone produced a library of these things for license. Do they hold the copyright and are they allowed to license their library? I'd say sure. They produced it with (presumably work on their part).

      Okay, now someone else (as in our story), goes out and produces an all new original recording of the same naturally occurring phenomena. Why should the new person not have the copyright for their new work? How do you prove actual infringement?

      The only way I can think of is that in order to prove copyright for naturally occurring sounds, there must be some acoustic signature inserted so that they are no longer naturally occurring sounds.

      Its akin to me taking a picture of the skyline and using it on a web page, and then being sued because someone else already took a picture of that skyline and had it in a database somewhere.

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    108. Re:Profit & Lies by Cederic · · Score: 2

      How is reviewing the content more time consuming than creating the content?

      "48 hours of video are uploaded every minute, resulting in nearly 8 years of content uploaded every day" - Youtube

      Maybe you can afford to hire enough people to watch two days of video every minute, but most people can't. Automated checking is possible and reasonable.

      It's reasonable because people can highlight false positives and regain control of their own content.

      The failure here isn't the automated checking, it's the fraudulent claim (allegedly) made manually in response to the notice of a false positive.

      That bit shouldn't be automated, and should lead to compensation.

    109. Re:Profit & Lies by Anonymous Coward · · Score: 0

      it's worse than piracy. Pirates don't misrepresent who made the content they use and distribute without permission. Not everyone believes in copyright, but no one likes plagiarism.

    110. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Pfft... I wasn't fooled for a second.

      -- Winston Churchill

    111. Re:Profit & Lies by tjstork · · Score: 1

      rumblefish would not be able to do that, if the government did not give them the power... that's our "2nd amendment libertarian point".

      --
      This is my sig.
    112. Re:Profit & Lies by Asmodae · · Score: 1

      This right here is B.S. During the industrial revolution when there were no laws or government granted powers... what corporations did was way worse than this. Corporations do NOT need government granted powers to be tyrannical and abusive. It is their nature, human nature in fact, to empower them selves over others. The only entity that can push back against that is the collective of society, which more often than not is represented by government and perhaps public interest groups that have a legal framework to assert their will within.

    113. Re:Profit & Lies by MattskEE · · Score: 1

      The simple and necessary action (reviewing, confirming, and releasing the video) was done very shortly after we became aware of the issue -- several hours ago.

      Why weren't you already aware of the issue when Rumblefish's claim was disputed the first time? Every time your company makes a fraudulent copyright claim there won't necessarily be a Slashdot story to catch your attention and call you on your mistakes.

      Was there even a review process when this was first disputed? Was this a one-off mistake or is your review process inadequate? The bar of standards should be set high when you are claiming ownership over somebody else's content.

    114. Re:Profit & Lies by HiThere · · Score: 1

      *Why* should I believe you?

      I see no evidence of Rumblefish "doing the right thing". I can see no even possibly valid reason for this action. I would accept error, but not when you are claiming to have reviewed the claim.

      I am presuming that you are a shill for Rumblefish rather than an ordinary troll, or I wouldn't bother to respond. (It still doesn't make much sense, as I doubt that you have the morals or ethics to be able to understand why you revolt people.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    115. Re:Profit & Lies by HiThere · · Score: 0

      I wish there were criminal sanctions against not only the person who lied about reviewing the case, but also against their manager, and significant civil penalties against all the managers all the way to the top, tripling at each level. And I'm including the members of the board of directors as a part of the chain of managers.

      If wishes were horses... But if someone *does* start killing Rumblefish executives, I won't shed any tears.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    116. Re:Profit & Lies by houghi · · Score: 1

      Either way, I'd say give them the benefit of the doubt.

      No. I will also tell you why: they didn't give the poster of the movie the benefit of the doubt. So why should we?

      --
      Don't fight for your country, if your country does not fight for you.
    117. Re:Profit & Lies by Anonymous Coward · · Score: 0

      You slandered the title the title of his copyrighted material. You did it without doing a reasonable review as required by the DMCA. You own him big damages and your lawyers need to be sanctioned under the terms of the DMCA.

    118. Re:Profit & Lies by HiThere · · Score: 1

      You are not forgiven. First the ameliorations, THEN the public repentence, THEN the forgiveness.

      Calling it complicated does NOT excuse you. Particularly when I see no evidence that you aren't already planning on doing the equivalent again. Bastard.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    119. Re:Profit & Lies by mcgrew · · Score: 2

      Even if the company representatives posting here are decent people, their company's model is not decent.

      Decent people wouldn't work for a company like that. As you said, Better to do something honest, like dealing drugs or prostitution.

      Yeah, I'm sure there are some plenty nice people working there

      I'd need proof. But I assume you're just being polite. Please don't, scum like that don't deserve "polite".

    120. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Don't worry, it's not your fault. It's those arrogant Google assholes who never make mistakes.

      --
      I value my privacy, so I NEVER use any Google product.

    121. Re:Profit & Lies by Gravitron+5000 · · Score: 1

      And the government is responsible for enacting the laws that allow Rumblefish or anyone else to get your content removed from a host by only making an unproven, even unjustified claim. All they have to do is say "Mine!" and *poof* your works are gone. In fighting Rumblefish, you are fighting this crappy law. In fighting this crappy law you are defending your constitutional rights against the government that enacted it.

    122. Re:Profit & Lies by Gravitron+5000 · · Score: 1

      If you state that the content was reviewed by the owner, I want to see a statement from the bird.

    123. Re:Profit & Lies by mcgrew · · Score: 1

      The *PROBLEM* is that Rumblefish is claiming copyright on other people's work. That's completely unacceptable--it's piracy.

      No, it's far worse than piracy. Study after study shows piracy sells content, the latest I heard of was by a book publisher who wanted to know how badly piracy was hurting sales, and found that the piracy actually increased sales. That's why indie musicians and Cory Doctorow put their stuff on the web. Doctorow credits his status as a NYT best seller to the fact that he puts his books on boingboing. I know I wouldn't have a copy of Down and Out in the Magic Kingdom on my shelf if I hadn't read it online first. Same reason I visit the library for free books, movies, and music. As Doctorow notes, nobody ever lost money due to piracy, but many an artist has gone hungry from obscurity.

      The only artists who piracy hurts are the ones whose works suck. I learned as a teenager never to buy an LP because I heard a song from it on the radio. After two or three with one good song and the rest crap, I stopped buying albums I hadn't heard in their entirety. Most of the albums I bought I'd taped off of KSHE's 7th Day program; they play 7 full albums every Sunday night and have done so for over forty years.

      Rumblefish is actually STEALING. They're getting the ad money that rightfully belongs to the copyright holder they claim is infringing.

    124. Re:Profit & Lies by Anonymous Coward · · Score: 0

      So that's why you have your guns, right? To take back the power from the tyrannical government?

      At least it is in your fantasy world. Here in the real world, it generally just looks like a bunch of insecure nutjobs running around with their concealed carry sidearms trying to feel better about themselves.

    125. Re:Profit & Lies by ganjadude · · Score: 1

      Simply put once the automation does find a hit, It should be required to be viewed by humans BEFORE the takedown is sent to youtube. There is no excuse for what has happened in the first place if this was policy from the beginning. The worst part is that rumblefish claims that it had people listen to it and they claim it was copy-written. Clearly no one did listen to it, or if they did you need to find better employees that know the difference between a bird and an instrument.

      --
      have you seen my sig? there are many others like it but none that are the same
    126. Re:Profit & Lies by ganjadude · · Score: 1

      I do believe there is one step missing that will avoid this from happening in the future. Simply have real humans check out all automated hits before the takedowns are sent to youtube. I dont expect humans to watch every last video posted, I DO however expect them to review every video they claim they own.

      Perhaps we should set a law up where a false takedown results in a 5000 dollar fine, paid to the person who posted the video you tried to claim you own. I bet the false takedowns would stop REAL fast.

      --
      have you seen my sig? there are many others like it but none that are the same
    127. Re:Profit & Lies by peatbakke · · Score: 1

      Heya,

      It looks like one of our manual reviewers did reassert the claim, and we're working out how to fix that process on our end.

      There's more info here: http://yro.slashdot.org/comments.pl?sid=2693545&cid=39174761

      Thanks,
      -Peat

    128. Re:Profit & Lies by duhjim · · Score: 1

      Like the bank said, "You're not actually expecting someone to manually review all the morgage papers before we take your house away?".

    129. Re:Profit & Lies by mcgrew · · Score: 1

      Who modded up this dreck?

      Christopher Dodd or some other MAFIAA shill probably has points today. I've seen some horrible moderations lately, mostly people modding insightful comments as "troll" or "flamebait" because they point out an inconvinient truth about Microsoft, Sony, Apple, or Google. If we're lucky, some better mods will rectify the situation.

    130. Re:Profit & Lies by Eponymous+Hero · · Score: 1

      give me a rifle, i'll join whatever libertarian militia intends to blow these fuckers' heads off. when's the next meeting?

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    131. Re:Profit & Lies by Anonymous Coward · · Score: 0

      I am the Lead Architect -- look me up on the Rumblefish website).

      We're working on resolving the issue with eeplox's video. We're here in the thread to answer questions.

      Believe me ... everyone wins when good music is inexpensive and readily available on YouTube.

      If you're the lead architect, then you are responsible for whatever automated system identifies ambient bird noises, claims them as your own, and seeks to delete information that has been contributed to the rest of us by an original content creator. In my view, and hopefully in the view of many thousands of others, the best possible thing to have happen as a result of this discovery is for you and whoever else is behind it to be taught a very painful lesson to motivate you to correct the erroneous and destructive system that you have helped to create. It is my sincere hope that as many people at Rumblefish are having an extremely nasty day today, and that this will continue until Rumblefish no longer exists or until everyone can be reasonably certain that Rumblefish's attempted takedowns of content that it does not own will be zero per year.

    132. Re:Profit & Lies by steveg · · Score: 1

      It's a small principality in the Himilayas whose only export is their currency. Large corporations like to use "bucks" from Boku as a form of money laundering.

      Glad I could clear that up.

      --
      Ignorance killed the cat. Curiosity was framed.
    133. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Hey there, it's Paul Anthony....the guy you want to send creepy letters consisting of cut up letters from magazines...I know, you were probably just kidding. I'm the Founder and CEO of Rumblefish and saw this thread and it seems to be getting rather heated up so I thought I'd chime in, answer whatever questions I can and make myself available for a little while (have to eat in a bit) if people have questions....which it seems like they very much do.

      I'm not sure where to start b/c so much has been said but eeplox, if we have indeed mistakenly been sent a claim by YouTube's Content ID system and are inaccurately claiming a video...we'll release it. Our mission is to license music rightfully in order to compensate recording artists for their work. Claiming anything that other people / companies / organizations own is not what we're about. Rumblefish is an independent music company...not a large media conglomerate. We aim to do right by creators of all kinds.

      You people need to give a technical explaination covering exactly how eeplox's video was identified as being owned by Rumblefish and how it was "reviewed" and confirmed to be infringing after eeplox disputed it. Don't screw it up, and don't try to whitewash it.

      The creepy letters that are calling for the financial destruction of Rumblefish if you don't shape up? If you're at all weasely about this, they're not kidding.

    134. Re:Profit & Lies by mcgrew · · Score: 1

      Since you mentioned the "Pledge of Allegiance" you're American. The constitution doesn't grant property rights to your art, it specifically says the "property" belongs to everyone and the artist only has a limited-time monopoly.

      Please stop helping them in their quest to change a "temporary" monopoly to ownership. I was born sixty years ago and never once heard or read the term "intellectual property" until the Bono Act.

      Yes, it's property, but it belongs to all of us. Personally, I think the bono Act was a clusterfuck of epic proportions that makes it harder to create. Like science and technology, all art is built on what has come before. Extremely long copyright, let alone "ownership" hurts culture and the artists who contribute to it.

    135. Re:Profit & Lies by FreekyGeek · · Score: 1

      Peat, there have been lost of angry replies, and while this situation makes me a little mad too, I think i can briefly and succinctly sum up the problem people have without using harsh language (though it's tempting):

      1) Your automated system automatically issues takedowns when what it should do is send potential violations to a human for confirmation before any takedowns are issued. Lots of people probably won't fight takesdowns, which means you win by default. Many people here feel that's dirty pool, that the original poster is only getting the decision reversed because he got attention on Slashdot, and if he hadn't, he would have been out of luck.

      2) Even after the automated takedown was disputed, your system sent an automated response falsely clamining that the piece had been reviewed and confirmed. That, as other people have pointed out, was a bald-faced lie. The fact that Rumblefish even automates its responses to takedown appeals is incredibly annoying. Clearly, your company wants to make it as difficult as possible for anyone to appeal. Can you see how this might infuriate people? It's not just "talk to the hand, dude", it's "I can't be bothered to say 'talk to the hand', so you can talk to my robot's hand.'" Basically, you clam to have judged the situation, but your judge is a just a parrot who squawks "Confirmed!!" at any dispute.

      3) It appears to me, and apparently some others, that your business model is unsustainable if done responsibly because there's a fundamental conflict. If you employ enough humans to do it with honesty and integrity, you won't make any money. But if you use tons of automation, you end up with your pants down in fiascos like this. I think I speak for some others when I say that it seems your company cares more about making money, no matter what little guys get hurt, than it does about integrity. Obviously you can get away with this behaviour because anyone with two brain cells know that in this country only people with money can afford to buy the law they need. But it doesn't make it right.

    136. Re:Profit & Lies by PopeRatzo · · Score: 1

      How many kilograms did that weigh? The "no such thing as intellectual property" goes both ways. I'll agree this was morally wrong, but before running to the gun cabinet, and locking and loading a single gun because big, bad, evil corporations took away your YaoTub video... how much was that video worth?

      It's worth whatever the creator says it's worth. Isn't that how it works with the RIAA?

      --
      You are welcome on my lawn.
    137. Re:Profit & Lies by garyisabusyguy · · Score: 1

      And THEN the SCOURGING!!!! right?

      --
      Wherever You Go, There You Are
    138. Re:Profit & Lies by peatbakke · · Score: 1

      Heya,

      I appreciate the measured response, and the thoughtful questions. Thank you. :)

      1) The automated system isn't ours -- it's YouTube's. We don't see any of the disputes until the video creator responds to YouTube's canned responses about copyright infringement, by which time they're usually pretty pissed. The vast majority of disputes that reach us are legitimate, and released quickly. To be clear: we have no control over the initial copyright notices, we can only respond to the escalated disputes. That said, the basic concept you bring up is correct: most people don't fight the takedowns.

      2) We don't automate our responses to the disputes we receive. Every single one of them is reviewed by a human, and in this case, our manual review process failed. Regarding your point about communication, it's also very difficult for us to contact the video creator; we don't get access to their personal contact information, so we either have to receive a separate email from them, or we're stuck using the canned responses from YouTube. It's a significant hurdle. I believe resolving the communication issues would fix a huge number of these escalations.

      3) I can't comment on the business model, but we do believe that there is a sustainable path that doesn't screw video creators or musicians for their ability to make a living on what they create.

      I'll be happy to follow up on any more questions you have.

      Thanks,
      -Peat

    139. Re:Profit & Lies by Cesare+Ferrari · · Score: 1

      Thanks for taking the time to try and spread some info about what has happened. It's amazing how unreasonable posters are being about this - you've already said the system failed, you have corrected the mistake and are trying to stop it happening again. Obviously people here have never produced software or a process with an error in it right ? ;-)

    140. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Peat, your company is full of lies and cheats. Let go your ego and gain a conscious you fuck!

    141. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Either way, I'd say give them the benefit of the doubt. If the bogus infringement notices continue after this, we can break out the pitchforks and torches - otherwise it can be counted as a lesson learned.

      How many times are you willing to give them before you pick up a pitchfork? This isn't the first time. We can always say,"Oh, we'll do something next time." Well, this is next time.

    142. Re:Profit & Lies by SammySunrise · · Score: 1

      You know what sucks, Peat? It's not "when things don't go right". No. It is when uncreative, asshole companies like yours decide that you are going to take the creations of others and claim that they are your own. That is what sucks. Any two year old can recognize that the chirping in background of the video is not "background music"; Since when does your company have the audacity and ignorance to believe that you can claim ownership to a work of NATURE itself? I personally wish that eeplox would have copyrighted his own video before uploading it to YouTube so that he could turn around and sue Rumblefish for every pretty little penny that the company is worth (I can tell it probably isn't worth much, since you guys seem to have to claim ownership to pretty much any man or nature-created sound in the entire universe at the drop of a hat).

      You can take everything that I have said, quote it, and paste it everywhere imaginable, but don't forget to include that Rumblefish is a complete pile of garbage.

      Good day to you, sucker.

    143. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Its akin to me taking a picture of the skyline and using it on a web page, and then being sued because someone else already took a picture of that skyline and had it in a database somewhere.

      http://news.slashdot.org/story/12/01/26/0237246/non-copied-photo-is-ruled-copyright-infringement

    144. Re:Profit & Lies by Traksius+Egas · · Score: 1

      I want to thank you for that answer.

      That has to be one of the best responses I have read here on /. in many years. (And I've been here for a quite a few).

      Pointed and non-inflammatory IMHO.

    145. Re:Profit & Lies by peatbakke · · Score: 1

      Heya -- sorry I missed your comment earlier. We released the video before we engaged here, and this morning we figured out what happened.

      Plainly stated, one of our reviewers incorrectly reasserted the claim during a manual review. We're changing how we review things to address the issue in the long term. You're welcome to search this discussion for my other posts, where I provide more detail about how it happened.

      Best,
      -Peat

    146. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Until there's a reasonable alternative, people aren't going to "stop posting new videos".

      There are many reasonable alternatives. Vimeo, Blip.tv...

    147. Re:Profit & Lies by Anonymous Coward · · Score: 0

      The only reason this "issue" is being adressed is the fact that it's blatant enough to have been brought to light on a very public forum and hit the fan.

      It's a safe assumption that under any other circumstances this would just be ignored till it went away.

      Let's see you actually make things right instead of belatedly backing off.

    148. Re:Profit & Lies by Engeekneer · · Score: 1

      My thought was mainly that there's no point in starting a witch hunt, just because the company is in the media business. I'm sure there are actually good companies in that business, and hating them all, just for the sake of hating them won't improve the situation. Having a few agreeable companies that the geeky public would like, would probably be to everybodys benefit.

      I'm willing to give them the benefit of the doubt, since mistakes can happen. But this is a big fuckup, and as seen, it aggravates the already hostile feelings toward the media industry. So they need to come up with a really good reason why this happened, and something more than words to make sure it doesn't happen again, before they have my sympathies.

      I'm sure this in not the only video with wrong automatic tagging. So they could e.g. go through all videos which are tagged with having their music. I don't care if it's 1k, 10k or 100k. If the music was actually not theirs, they will contact the owner of the video, and give them any ad revenue they have gotten for that video, and release all claims to the video. That would go a long way to convince me that they did not act maliciously, that it was a honest mistake.

      And yes, I do agree that there should be big fines for wrongly claiming that the video contains your copyrighted material. Hell, I'd even make that a some % of the revenue of the company.

    149. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Can you explain why you should not be looking at jail time for racketeering and wire-fraud? You conspired with others to restrict the distribution of a competitors work even if it was a "mistake". If this happened to me, I would be camped out with the local DA's supporters getting them to file charges against you.

    150. Re:Profit & Lies by Saintwolf · · Score: 1

      Of course, Hollywood is run by tyrannical despots who claim to own everything anyone has ever created, so this sort of behavior is right up their alley.

      The irony is, the film industry moved to Hollywood to get out of patent disputes.

    151. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Lawyer up - birders!

      Them is fighting words.

      I'll be involved and have my attorney in preparation for this one.

      Timothy R. Barksdale
      Birdman Productions, LC
      in fact I can hardly wait...

    152. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Dear Mr. peatbakke,

      As an independent bird film-maker, who acquires all of our own original footage of wild birds in totally natural and wild situations, believe me, the first time that happens to anything we post on You Tube, you will be hearing from at least one of my attorneys.

      And even though the heading on this post may say something different....

      I am very sincerely,

      Timothy R. Barksdale
      Managing Member,
      Birdman Productions, LLC
      Choteau, MT

    153. Re:Profit & Lies by mcgrew · · Score: 1

      I don't see how anyone could have reviewed the video, as they claimed they did, and not know that it contained no infringing material.

      And no explanation has been given. Never attribute to stupidity that which can be explained by greedy self-interest. They're going to have to have a damned good explanation, as I have little doubt to give them the benefit of.

    154. Re:Profit & Lies by HiThere · · Score: 1

      No. When forgiveness is given, there is no further penalty. It's just that it must be earned. It doesn't come from merely saying "Oops, sorry", unless that really looks like an accident. Even then you've got to make reasonable restitution.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    155. Re:Profit & Lies by Anonymous Coward · · Score: 0

      If I had to guess, I'd say it happened exactly the same way that Slashdot posts are occasionally mis-modded Troll or Flamebait when the moderator intended to click something else.

    156. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Look it is complicated. This is simply a situation where people who are not invovled do not quite understand what we, need to do; neigh, REQUIRED to do by law.

      Let me explain. First we examined the video to verify if the peice of music, for which the violation occured actually does or dos not Occur in the video. Now, we all know that no automated system is full-proof. In Fact, even Humans make Mistakes. We believe this is what occurred when the video at hand was reviewed by our staff. The staff member in question confused the birds singing to Iron Butterfly's 'In A Gadda Da Vida'. If you had watched the video you could understand how due to the numerous similarities.

      Unfortunately, once we determined that the song was not 'In A Gadda Da Vida' we were faced with the delimma of 'What song is it?'. Since we are required to do our due dilligence we had to determine if in fact we are to protect the Bird's rights. We can't simply wash our hands of the issue just because we had the wrong song. We did research on this bird in particular and it seems it died a horrible death after it flew into a windmill. This also complicates matters because royalties can persist in perpetuity.

      It doesn't end there. I won't get into all the legal wranglings and details we must unravel. Rest assured that we may or may not resolve this issue before the copyright enters the public domain.

      I think the point I'd like to get accross is that we care. So much so we are spending our time at your level!

    157. Re:Profit & Lies by slippyblade · · Score: 1

      I DID watch the video. I also OWN a copy of that song. You'd need to be on more drugs than Iron Butterfly was when they recorded the song to hear it in the salad video.

      Nice attempt at humor with the windmill reference, also a fail.

      Spending time at our level? What does that mean exactly? Our level - the level of the people that you are trying to shill out of money to license copyright that you don't own for videos that DON'T VIOLATE COPYRIGHT? Good try.

      The existence of your company is a joke just like all other copyright and patent trolls. You are parasites feeding on the works of others and the only reason you backed off on this one was due to the mass amounts of bad PR it drummed up.

    158. Re:Profit & Lies by Anonymous Coward · · Score: 0

      Yet you lot still can't explain yourselves to the post at the top of this thread. You guys really are full of shit.

      "All content owners have reviewed your video and confirmed their claims to some or all of its content."

      Complete bold-faced lie.

    159. Re:Profit & Lies by Taco+Cowboy · · Score: 1

      If you _are_ the lead architect of Rumblefish, then you have phailed big time

      PS. You're certainly not the only one who have met Mr. Perens

      --
      Muchas Gracias, Señor Edward Snowden !
    160. Re:Profit & Lies by daktari · · Score: 1
      You make some very good points, but this just seems downright silly:

      Rumblefish, these slimy pieces of shit who are probably well-known child molestors (the reason for their secrecy)

      Child molestors? WTF??? Do you know something that I don't? Care to elaborate?

      --
      A fool sees not the same tree that a wise man sees. -- Willam Blake
    161. Re:Profit & Lies by PopeRatzo · · Score: 1

      Child molestors? WTF??? Do you know something that I don't? Care to elaborate?

      I'm sorry. Just as Rumblefish has an automated system to send takedown notices, I have an automated child molester-identifier.

      Sometimes (rarely) the automated child molester-identifier creates false positives. I have an online form that Rumblefish can fill out to have their designation as child molesters reviewed by our legal team (allow six weeks for notice of determination). Rumblefish just needs to submit any evidence they have that they are not child molesters.

      It's all in our terms of service and end-user agreement.

      --
      You are welcome on my lawn.
  12. Couldn't have been by Vinegar+Joe · · Score: 4, Funny

    A mockingbird, could it?

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
  13. We all knew... by stox · · Score: 0

    Rumblefish was for the birds!

    --
    "To those who are overly cautious, everything is impossible. "
  14. Yeesh by sixtyeight · · Score: 5, Funny

    YouTube: Blurring the line between the RIAA and Monsanto.

    --
    The Wolfpack Project: BitCoin + Crowdfunding = Political Accountability
    1. Re:Yeesh by Anonymous Coward · · Score: 0

      YouTube: Blurring the line between the RIAA and Monsanto.

      Don't know if this comment should make me laugh or make me cry.

    2. Re:Yeesh by SuricouRaven · · Score: 4, Insightful

      In a contest of douchbaggery between the RIAA and Monsanto... I'd have to say the RIAA wins. Monsanto loses points because they do actually produce something truely useful, while the RIAA member's only purpose is to sit in between artists and listeners and take a cut. A position that made perfect sense pre-internet when getting music distributed required a substantial investment in disc manufacture and trucking, but is increasingly obsolete now.

    3. Re:Yeesh by dkleinsc · · Score: 5, Insightful

      On the other hand, the RIAA takes their cut of something we could survive without, whereas Monsanto wants to demand a cut of every pound of food sold in the world.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    4. Re:Yeesh by game+kid · · Score: 2

      Monsanto were apparently among the first to mass-produce LEDs, for which I am forever grateful.

      For their seed asshattery, less so.

      --
      You can hold down the "B" button for continuous firing.
    5. Re:Yeesh by sixtyeight · · Score: 1

      So when you're down to deciding which ultra-wealthy criminal racket is better than the other, it may just be time to collectively admit there's a problem and retire the term "conspiracy theory".

      --
      The Wolfpack Project: BitCoin + Crowdfunding = Political Accountability
    6. Re:Yeesh by hoboroadie · · Score: 1

      I will forever hold a grudge against them for roundup-ready canola. What kind of asshole invents an herbicide-resistant invasive weed?.

      --
      They feared that it could be used to suppress protest or support unpopular rule.
    7. Re:Yeesh by Midnight+Thunder · · Score: 1

      As long as it doesn't make your sing, you should be fine either way.

      --
      Jumpstart the tartan drive.
    8. Re:Yeesh by the+eric+conspiracy · · Score: 1

      Your terminology is pretty crazy.

      Wild transgenic Canola is not persistent in the environment, and it is glyphosate resistant, not herbicide resistant.

      http://www.topcropmanager.com/content/view/1187/132/

    9. Re:Yeesh by shentino · · Score: 1

      Who the hell cares what the difference is, they're both seedy as hell.

    10. Re:Yeesh by biodata · · Score: 1

      When you say 'Wild transgenic Canola is not persistent in the environment' you are misquoting the research you referenced. In the very first paragraph, this article says the transgenic weeds are not a persistent problem 'if the volunteers were carefully managed in the first year following the canola crop'. That's a pretty big IF right there. It is basically saying something more like, if someone goes through the field the next year, picking out all the weeds by hand before they get a chance to flower (i.e. doing it repeatedly through the growing season) then the weeds won't get established. When I read that article I come to the opposite conclusion, that in fact they are very likely to be a real and persistent problem.

      --
      Korma: Good
    11. Re:Yeesh by Anonymous Coward · · Score: 0

      And the fallout (genetic pollution) from Monsanto’s products can never, ever, be fully undone

    12. Re:Yeesh by JTsyo · · Score: 1

      Someone looking to sell a new type of herbicide?

    13. Re:Yeesh by Anonymous Coward · · Score: 0

      I wouldn't necessarily say that. Native Americans used selective breeding to create modern corn thousands of years ago out of largely inedible grasses.

      Given time, it will all work itself out.

    14. Re:Yeesh by Anonymous Coward · · Score: 0

      Monsanto loses points because they do actually produce something truely useful

      But when all is said and done, who are their products actually useful to? Aside from Roundup, the vast majority of their products benefit them many times over what the end user gains from them.

      Ever researched the strain of rice they knowingly sold primarily to India? It was supposed to yield more crops and use less of the ground water to do so. Turns out, it produced less while drying up and ruining the soil in which it was planted. Many of the farmers committed suicide over it.

      I am amazed that this company continues on after having been caught lying through their teeth so many times. The PCB contamination they did just outside of Anniston, AL was so severe that children are still being born with birth defects there.

    15. Re:Yeesh by hoboroadie · · Score: 1

      I thought Glyphosate was one of the more popular herbicides; my bad.
      I would never use RoundUp, anyways, since it comes from Monsanto. It is not necessarily among the most egregious of their products and practices. It's pretty fucking hard to boycott their seeds, BTW, as they have taken a rather aggressive market position.
      Wild fucking Canola is pretty fucking persistent in my environment, perhaps you have been misinformed?
      Maybe they have moved their terminator gene patent to their transgenic canola product line, I missed the memo.
      Okay, I read your link, and I think when they said

      if the volunteers were carefully managed in the first year following the canola crop.

      you blinked, or something. Or perhaps you have not ever carefully managed "volunteers" (oft-times referred to as weeds.)

      --
      They feared that it could be used to suppress protest or support unpopular rule.
  15. Ineteresting... by Nugoo · · Score: 4, Insightful

    Huh... I have reviewed, say, The Hurt Locker, and I confirm that it's in the public domain.

    --
    I explicitly release the above into the public domain.
    1. Re:Ineteresting... by moderatorrater · · Score: 1

      That just means that the rest of us content owners will now have to review it.

  16. Good luck fighting this battle by Powercntrl · · Score: 3, Interesting

    You're legally in the right but is it really worth your time to fight it? Just delete the video from YouTube, edit the audio on your original video with some voice annotations or something to change it up a bit and re-post.

    Or, just audio-swap your video to Dreamscape by 009 sound system, like everyone else on YouTube who gets the copyrighted audio notice. Warning: May infuriate your viewers.

    --

    ---
    DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    1. Re:Good luck fighting this battle by mysidia · · Score: 5, Insightful

      You're legally in the right but is it really worth your time to fight it? Just delete the video from YouTube, edit the audio on your original video with some voice annotations or something to change it up a bit and re-post.

      Since obviously Rumblefish is using your recording, sue them for any "royalties" collected based on your work.

      First of all, send them legal notice that they are collecting royalties on your work without your authorization, then if your videos gain sufficient popularity, so they actually collect $$$, sue them for the ad revenues they collected + other offenses.

    2. Re:Good luck fighting this battle by SuricouRaven · · Score: 1

      Then the new one gets flagged too, for the audio will still be similar... plus Youtube may consider this a deliberate effort to circumvent their contentID system, and block the account. I've been in the same situation myself, when contentID flagged the audio which couldn't possibly be copyrighted even in the US. I tried to protest, but after youtube completly ignored my appeal for a few months (Never even replied to my repeated attempts) I simply left the site in protest. I've got the videos hosted on my own personal website now (HTML5 makes this much easier!), but youtube is more than a video host. It's also a search engine and recormendation system, and I know that without the promotion that youtube provides very few people will ever see my video.

      I dabble in restorations. If I may shamelessly plug myself, http://birds-are-nice.me/video/restorations.shtml

    3. Re:Good luck fighting this battle by GabriellaKat · · Score: 2, Interesting

      If you are going that direction you might want to see if the entire internet can get behind you and have a view-fest and THEN sue and collect. Hope the response isn't "Not your personal Army" etc etc....

      --
      "Have you ever thought about just turning off the TV, sitting down with your politician, and hitting them?"
    4. Re:Good luck fighting this battle by mysidia · · Score: 1

      you might want to see if the entire internet can get behind you and have a view-fest and THEN sue and collect

      Posting a link to the Video in the slashdot article would have helped.

    5. Re:Good luck fighting this battle by Anonymous Coward · · Score: 0

      Anon since I'd already modded you up.

      http://www.youtube.com/watch?v=nPBlfeuZuWg

      is listed in TFA, but not linked.

    6. Re:Good luck fighting this battle by bakes · · Score: 4, Informative

      The submitter is 'eeplox', search for his channel in Youtube. (ph34r my 1337 hax0r skills)

      I watched part of one video, didn't see any ads at all. Possibly Rumblefish already backed down or eeplox is looking for easy hits.

      --
      Ho! Haha! Guard! Turn! Parry! Dodge! Spin! Ha! Thrust!
    7. Re:Good luck fighting this battle by viperidaenz · · Score: 1

      Bugger the royalties, go for statutory damages. Isn't it in the 100,000's of dollars for commercial entities per offense? How many times has the youtube video been viewed?

    8. Re:Good luck fighting this battle by Anonymous Coward · · Score: 0

      I watched a few and heard no birds- perhaps he removed that video.

    9. Re:Good luck fighting this battle by Stunning+Tard · · Score: 1

      About 316 views

    10. Re:Good luck fighting this battle by viperidaenz · · Score: 1

      Thats well into the hundreds of millions then. Last time I watched a DVD it said commercial violations were around $600,000 per offence.

    11. Re:Good luck fighting this battle by Anonymous Coward · · Score: 0

      Or even in any of the preceeding comments..

      http://www.youtube.com/watch?v=nPBlfeuZuWg

    12. Re:Good luck fighting this battle by macshit · · Score: 1

      No reason not to do both.... keep up the original video, with a giant explanation in the description about Rumblefish's illegal behavior, and a note that it would be good if they were utterly destroyed, boycotted, spit-upon, etc.

      ... and then also up load a new version with a tweaked soundtrack (of course with a pointer to the "Rumblefish must die" version).

      And sue them of course.

      --
      We live, as we dream -- alone....
    13. Re:Good luck fighting this battle by Anonymous Coward · · Score: 0

      "No way! Why should I change? He's the one who sucks."

  17. It's a good thing nobody farted in the background. by mykepredko · · Score: 4, Funny

    Rumblefish owns that as well.

    And you know you're going to have to pay through the nose on that one!

    myke

  18. As absurd as patenting a gene by thepainguy · · Score: 2

    Maybe it's just me, but when I thought about this I thought about companies that are trying to patent genes. Shouldn't you have to have created something to be able to declare it as your IP? IMO that applies to this and to naturally-occurring genes.

    1. Re:As absurd as patenting a gene by Anonymous Coward · · Score: 1

      Yes and no, in part because IP isn't one thing (and when people like you insist on referring to it as "IP", it propagates the confusion), and in part because "creating something" isn't as simple a binary test as you imply it to be.

      I can copyright a book, even though I didn't create any of the letters or words, used in it. The question here is if there's a "modicum of creativity", such as in the selection or arrangement of the pre-existing elements. Note that purely functional works are not eligible, regardless of how much may be original, so genes are not eligible. If you were to compose some non-encoding (aka junk DNA) sequences to, say, create ACGT-art, that might be copyrightable.

      With utility patents (the kind ordinarily referred to by simply "patents"), the invention must be functional, not creative. This is why Monsanto uses patents, not copyrights. And again, the invention need not be entirely new, it can be comprised of pre-existing inventions combined in a novel (nobody has done it before) and non-obvious (a person of ordinary skill in the relevant field wouldn't have come up with it) way. So patenting a single pre-existing gene is not possible, as it's not novel; patenting the insertion of that gene into some genome it did not exist in, or the combination of multiple genes, may be (depending on obviousness).

      Design patents, such as the Coke bottle, or Apple's "round-rect patent" only cover non-functional aspects (like copyright), but only as aspects of a functional object, as opposed to a standalone creative work. They're kind of an odd bastard that IMO can't be justified under the US Constitutional clause authorizing "securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" as they're neither a writing (or extrapolation such as optical or audio recording) of an author, nor a discovery of an inventor, and is also much harder to argue a societal benefit for.

    2. Re:As absurd as patenting a gene by the+eric+conspiracy · · Score: 1

      The problem is that companies can't patent naturally occurring genes. What they can patent is a gene fragment that has been isolated in a lab that has a known function, such as serving as a diagnostic aid..

      Your premises is based on an urban legend that has no basis in fact.

      http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=01-322-filed

    3. Re:As absurd as patenting a gene by fgodfrey · · Score: 1

      There is actually a use for "copyrighted birdsong". I've purchased a bunch of it as a part of sound effects collections. The "value add" is that it has been well recorded, mixed, compressed properly, and is free of annoying background noise (like planes flying over, cars in the distance, etc). Of course, the companies that do that also sell the collections with a license to redistribute the sound as part of another work (Ie, I can use it in a play or a movie I just can't resell the whole thing as a sound effects collection).

      --
      Go Badgers! -- #include "std/disclaimer.h"
    4. Re:As absurd as patenting a gene by mwooldri · · Score: 1

      Indeed there is. http://www.radiobirdsong.com/ explains all... for those who don't want to follow - birdsong was used as test transmissions before the launch of Classic FM in the UK, and then later on as a filler station on a DAB network. Proved very popular on DAB, its removal resulted in a lot of complaints to No. 10 Downing Street., and estimated listenership of about half a million people.

  19. Birds have been known to copy their songs by Anonymous Coward · · Score: 0

    It is possible the bird in the video actually copied its song from Rumblefish.
    http://www.youtube.com/watch?v=tXE6aUGb4zw

    1. Re:Birds have been known to copy their songs by Opportunist · · Score: 1

      Arrest the birds, and watch the catfight between RIAA and PETA.

      Whoever loses. We win.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  20. Cornell Lab of Ornithology has birdsong recordings by david.emery · · Score: 1

    You can use them if you choose to fight this in court to establish both "prior art" or "not the unique property of Rumblefish".

  21. Use your political rights by Required+Snark · · Score: 5, Insightful

    Contact your US senator and House members. It won't do any good, but it is very easy to do. If enough voters do this it can have an influence. It's like voting; if you don't bother to vote you have abandoned your right to have an opinion. Posting on Slashdot will get you exposure, but I don't see how it will help much.

    --
    Why is Snark Required?
    1. Re:Use your political rights by Anonymous Coward · · Score: 1

      if you don't bother to vote you have abandoned your right to have an opinion

      I must disagree with you in the extreme. This is a too-often repeated fallacy. There are many ways to express your opinion and attempt to influence society. Not using one of those ways (and arguably one of the less effective ways) does not, and should not, invalidate ANY rights what so ever.

      If anything, there is a very strong argument that once you have voted on a decision, you have a agreed to abide by the outcome of that vote and no longer have a right to dispute the decision. I don't agree with that argument, either.

    2. Re:Use your political rights by rueger · · Score: 2

      It's like voting; if you don't bother to vote you have abandoned your right to have an opinion.

      Problem is, my opinion is that we don't need any more rich old white guys in power, but that's all we get to vote for.

    3. Re:Use your political rights by Dhalka226 · · Score: 5, Insightful

      Step #1 is to contact your representatives, yes. I would expand it beyond simply the three who directly represent you and include anybody in your state's delegation, particularly those who support nonsense laws that make things like this possible. No reason not to expand it even more than that if you want.

      Step #2 is to see if you can get a news organization to bite. There may or may not be any traction here, but it's worth the effort.

      Step #3 is to lawyer up. Try to find a lawyer who won't take a fee up front, either one who takes a cut of the winnings or one willing to do it pro bono. It shouldn't be too hard considering this is pretty much a guaranteed victory. You already have evidence of their outright fraud. In particular you already have them stating on the record that they investigated the matter -- meaning when you prove it is bullshit, you're already 90% of the way to proving they did it with malicious intent. If this process is some sort of automated DMCA frontend, you've got them for fraud under the DMCA as well and can seek punitive damages for the abuse of process.

      More to the point, they'll never let it get to trial. What jury in the world is going to believe the idea that some idiot can come along and get 130ish year exclusive right to the generic sound of birds singing--thousands of years into recorded history and hundreds of years after audio recordings became possible? It's not going to happen and they know it's not going to happen. They're counting on being able to bully and intimidate you into doing what they want and like most bullies, confronting them is going to send them running for the hills. In this case, it will likely send them running with a nice little check in your pocket for your troubles.

      It's a hassle, yes; probably more hassle than it's worth. It's a risk too, which is why it's important to find a lawyer who will work for a cut of the settlement rather than a hourly fee. You certainly don't want to be bankrupted by winning. But it's also the only way there is any chance of this kind of idiotic bullying to stop. Maybe you can't afford to fight; maybe rolling over and letting them have their way is the best choice for you in your situation. Nobody will judge you for it. But if you can fight, fight. These kind of victories are victories for everybody, not just yourself.

    4. Re:Use your political rights by Anonymous Coward · · Score: 1

      ...It's like voting; if you don't bother to vote you have abandoned your right to have an opinion...

      Wow. That is so wrong. That's like saying you can't complain about being hungry if you didn't choose to eat one of two shit sandwiches placed in front of you. By not voting I am asserting my rights same as someone who votes. Also, I am sending a message loud and clear that I won't be fooled into playing a pointless and/or rigged game.

    5. Re:Use your political rights by Anonymous Coward · · Score: 0

      if you don't bother to vote you have abandoned your right to have an opinion.

      Conversely, If you vote, then you acknowledge the legitimacy of the broken system.

    6. Re:Use your political rights by Required+Snark · · Score: 1

      Hmm, so Obama is just another "rich old white guy". What universe do you live in? I don't think I ever visited that particular universe.

      --
      Why is Snark Required?
    7. Re:Use your political rights by ChrisMaple · · Score: 1

      No politician - zilch, zero, none, nobody, nemo - understands a nonexistent vote as a rebuke. If he gets a 1-0 victory, he will trumpet unanimous voter support. To send any sort of message, write in almost anybody, or deliberately and obviously spoil your ballot (in those cases where it's possible.) In some rare situations, it's possible to explicitly vote "none of the above".

      --
      Contribute to civilization: ari.aynrand.org/donate
    8. Re:Use your political rights by Anonymous Coward · · Score: 0, Insightful

      I live in the universe that notes he had a white mother, grew up in a wealthy, all-white household, and is a multimillionaire, rather than invoking the racist "one drop" notion to categorize him as black.

      Now, what universe do you live in, where the old Jim Crow definition of race defines your view of him?

    9. Re:Use your political rights by Anonymous Coward · · Score: 0

      Is Obama a senator now, or did you lose track of the context?

    10. Re:Use your political rights by Anonymous Coward · · Score: 0

      Hmmm. Let's see about 20% of Congress is female, roughly 15% is non-Caucasian. The only one I can recall claiming to be "poor" was Joe Biden, but that's another story.

    11. Re:Use your political rights by Anonymous Coward · · Score: 0

      Obama is at least as white as he is black, he is definitely rich, and at 50 years of age, he qualifies as old.

    12. Re:Use your political rights by Kittenman · · Score: 1

      if you don't bother to vote you have abandoned your right to have an opinion

      I must disagree with you in the extreme. This is a too-often repeated fallacy. ....

      If anything, there is a very strong argument that once you have voted on a decision, you have a agreed to abide by the outcome of that vote and no longer have a right to dispute the decision. I don't agree with that argument, either.

      Mod parent up - totally agree. The other fallacy is that by voting for someone, you have forfeited all your rights on an opinion on any subject to that person.

      --
      "The greatest lesson in life is to know that even fools are right sometimes" - Winston Churchill
    13. Re:Use your political rights by viperidaenz · · Score: 1

      Perhaps you just abandon the hope anyone will take your opinions seriously

    14. Re:Use your political rights by Curunir_wolf · · Score: 1

      if you don't bother to vote you have abandoned your right to have an opinion.

      Conversely, If you vote, then you acknowledge the legitimacy of the broken system.

      It's actually not broken, it mostly works the way it's supposed to. What's "broken" is that most people are too apathetic or bitter at the results that they don't participate at all - so the few that do participate get to make all the decisions. Truly "broken" systems (actually the majority of the systems on earth) forcibly keep the citizens out of the process at gunpoint. Be glad you're not in a country run like that.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    15. Re:Use your political rights by rueger · · Score: 1

      His bosses are. Follow the money.

    16. Re:Use your political rights by adamofgreyskull · · Score: 1

      ...at 50 years of age, he qualifies as old.

      Spoken like a true twenty-something! :)

    17. Re:Use your political rights by Anonymous Coward · · Score: 0

      So vote third party. there's usually at last a few on the ballot that don't fit that category. And even if not, if enough people start rocking the boat then TPTB may start fielding more varied candidates in an effort to get us to shut up again.

    18. Re:Use your political rights by Anonymous Coward · · Score: 0

      And in many situations it's possible to vote third-party, which can be even more effective than "none of the above" since you're threatening to relieve them of power rather than just chastise them. If you're trying to get politicians to pay attention there's nothing quite like saying "I'd rather have some random person in power than you, because at least they're not already in the pocket of the powers you've sold us out to".

      Personally I make it a policy vote third-party for every office unless I have a really strong preference for one of the main candidates, in the hope of sending just such a message. With enough people on board we might actually get the politicians to pay attention to our wishes again. Maybe it's a long shot, but short of a violent uprising it's the only shot I see.

    19. Re:Use your political rights by Anonymous Coward · · Score: 0

      Abstaining from a vote is a legitimate move. Not voting can just mean you weren't willing to give your vote to any of the candidates on offer. Why would this make my opinion less valid?

    20. Re:Use your political rights by Opportunist · · Score: 1

      You're in luck. You can now also vote for rich black guys, young and old. It changes a lot.

      What? IT CHANGES A LOT! Lalalalala, I can't hear you!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    21. Re:Use your political rights by Opportunist · · Score: 1

      Let's assume I've done that and it didn't change jack, what's next?

      It would save us a lot of time to simply work under this assumption from the start.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Use your political rights by Anonymous Coward · · Score: 0

      So the first amendment only applies to voters? That's an interesting theory. Completely and totally in error, but interesting.

    23. Re:Use your political rights by Anonymous Coward · · Score: 0

      Obama was a senator. That was yesterday's news. Now he gets to fly around in airforce 1 (something all senators wish they could do).

      However, soon, he will retire, and make multi-millions of dollars writing memoirs and generating speaking fee talking to other "rich old white guys"...

    24. Re:Use your political rights by celle · · Score: 1

      "if you don't bother to vote you have abandoned your right to have an opinion. "

          Bullshit, it just means you have no confidence in the current system to voice your opinion. When public confidence goes so low and anger gets high enough the system is abolished, often violently. Start worrying "system".

  22. Now all we need... by ChipMonk · · Score: 4, Funny

    is a Metallica song with birds in the background.

    Lars, meet Rumblefish. Rumblefish, Lars.

    Who's got the popcorn for this show?

  23. More information by Anonymous Coward · · Score: 0

    Apparently the bird, now going by the name Burr Dee, is signed to an exclusive deal with Rumblefish, and this is in fact a violation of their copyright.

    1. Re:More information by symbolset · · Score: 1

      This was actually a wild bird doing a cover of Burr Dee's breakout hit "twitter tweet". But still a copyright violation.

      --
      Help stamp out iliturcy.
  24. Messiaen by Threni · · Score: 1

    I'm sure Olivier Messiaen would have something to say about this:

    http://en.wikipedia.org/wiki/Messaien#Birdsong

    (were he not dead)

    1. Re:Messiaen by MrShaggy · · Score: 1

      He's not dead. Hes pining for the fjords.

      --
      I have mod points and I am not afraid to use them.
  25. Slander of title by mysidia · · Score: 5, Informative

    You own the copyright to the original recording you made of bird songs from nature.

    They own the copyright to their recording of bird songs from nature, but not to yours.

    For them to claim copyright to your recording, there must be an original artistic element they created that you have actually reproduced.

    1. Re:Slander of title by Anonymous Coward · · Score: 3, Informative

      Indeed. And slander of title is a civil tort, and grounds for a civil court suit. If the situation is as the submitter describes, it sounds like a pretty open and shut case; he mat be able find a lawyer willing to take the case on contingency. IANAL, etc.

    2. Re:Slander of title by GoodNewsJimDotCom · · Score: 5, Funny

      Yet bird songs might copy each other's tunes. So his bird song might sound the same as one they recorded. This is because birds have no copyright and reproduce other bird's songs as their own. They then use this to attract a mate and pass the other bird's intellectual property to their kids. Not only do they steal other birds song, but they show that if copying songs is legal, it makes all the birds lazy and not want to come up with new songs. This is why pirates always carried parrots on their ships. The parrot is the most efficient bird at stealing songs back when we didn't have computers and the Internet.

    3. Re:Slander of title by godrik · · Score: 1

      I suggest we put birds into jails until they stop reproducing copyrighted material!

    4. Re:Slander of title by Anonymous Coward · · Score: 0

      Probably plenty of copyright lawyers attempting to find those birds, sign them up as clients and sue Rumblefish on their behalf right now.

    5. Re:Slander of title by Anonymous Coward · · Score: 0

      You own the copyright to the original recording you made of bird songs from nature.

      They own the copyright to their recording of bird songs from nature, but not to yours.

      All true, when you sue them for fraud, make sure you use the RIAA's pricing guide when calculating damages.

    6. Re:Slander of title by deek · · Score: 1

      Indeed! The very fact that they're blatantly broadcasting a copyrighted song in public, means they deserve some time in the "cage". I suggest you write into your local representative and complain about this abuse of copyright.

    7. Re:Slander of title by Anonymous Coward · · Score: 0

      Not only that, but cuckoos will literally place their offspring in another bird's nest. Then that other bird will feed the cuckoo's offspring and its own will starve. This whole theft of music thing is just the birds taking it to the next level. Fucking evil birds!

    8. Re:Slander of title by MightyMartian · · Score: 1

      Then this raises the issue is to whether there is an original creative element to bird song to copyright. I can't quite figure out how you could copyright birdsong any more than you could copyright an audible variant of the Cosmic Microwave Background Radiation or the sound of deep sea volcanic vents.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    9. Re:Slander of title by GoodNewsJimDotCom · · Score: 1

      No one is going to take me serious after I just told a joke, but I knew a man who raised a bird(I think its parent died). He whistled to the bird all sorts of different tunes as he fed it and cared for it. When it grew up, it flew around and whistled all sorts of different tunes that were unfamiliar to the other birds. While the normal bird of its species has one unique call, this bird had upwards of thirty different whistles. It stayed around this area for a year or two. I wonder if it is returning this spring.

      So you bring up a valid point: Do birds simply sing the song their parents tell them as they're being raised and prefer it? Do they calibrate their song based on what they hear other birds calling out? Is there an evolutionary component that makes birds prefer a certain tone to another? What tune would a bird sing if it was raised in silence?(poor bird, science is cruel sometimes) I'm sure these questions have been examined and explored by scientists. I think they're completely unrelated from a company copyrighting sounds from nature, but fascinating to think of none the less.

    10. Re:Slander of title by Hognoxious · · Score: 1

      I heard somewhere that birds have "regional accents", that's to say a London bird sings a slightly different tune to a Manchester one of the same species, so maybe it's learned.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    11. Re:Slander of title by Anonymous Coward · · Score: 0

      they are rappers, right?

    12. Re:Slander of title by deimtee · · Score: 1

      I can't quite figure out how you could copyright birdsong any more than you could copyright an audible variant of the Cosmic Microwave Background Radiation or the sound of deep sea volcanic vents.

      Damn, I'd buy that record.

      --
      I'm guessing that wasn't on their radar screen...
    13. Re:Slander of title by MightyMartian · · Score: 1

      I'd gladly make you such a record, but then I'd probably be sued by someone who has a copyright on all audible representations of the CMBR.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    14. Re:Slander of title by MightyMartian · · Score: 1

      Interesting questions, and they raise the point. If anyone is to copyright birdsong, I'd say it could only be the birds themselves.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  26. Sue.. ask for summary judgement by Anonymous Coward · · Score: 0

    They really can't argue the facts... they SAID they reviewed the clip and that its theirs. A would also add youtube as a co-defendant as they said the same thing.

    Spend a few grand to get a lawdog to file, then settle for costs x 10 (still less than an infringement judgement).

    Name people (like C-level guys) and the corp.. that way you inconvenience them, and embarrass them.. all good things when extorting... err.. settling a suit.

    1. Re:Sue.. ask for summary judgement by Anonymous Coward · · Score: 0

      According to your logic, the next time a big media company uses the legal system to punish someone for sharing data, you'll have only to say "the media company is doing the right thing," since it is the same advice you are giving to the submitter.

      Even if it is the little guy who's using the law, it's still wrong.

    2. Re:Sue.. ask for summary judgement by marcosdumay · · Score: 1

      1 - It is not the same situation. In this case the corporation did something wrong, and he has all the data to prove that. On your example it never gets clear if the data sharer is really guilty, and proof can only be gathered after the case goes to court (that means, there is no proof of anything in settlement time).

      2 - Even if it was the same situation, it would be a "tit-for-tat" advice. Let them suffer from the law system they brought.

      3 - Even if the corporation in case was completely honest before that, it can be argued that corporations have less rights than little guys.

      4 - Now, finally... Punishing the guilty and (maybe) compensating the victims is the sole goal of the law system. Why do you call it "abuse"?

    3. Re:Sue.. ask for summary judgement by viperidaenz · · Score: 1

      That's why nice guys finish last. They play by the rules when clearly the opposition does not.

  27. Re:Cornell Lab of Ornithology has birdsong recordi by truedfx · · Score: 3, Insightful

    I wouldn't take copyright advice from someone who doesn't understand the difference between that and patents.

  28. Send this story to your elected representatives .. by whoever57 · · Score: 5, Insightful

    ... as a clear example of why SOPA and PIPA would have been a disaster for the Internet.

    --
    The real "Libtards" are the Libertarians!
  29. Re:Cornell Lab of Ornithology has birdsong recordi by david.emery · · Score: 1

    IANAL - but the core point is "this existed before Rumblefish existed, so Rumblefish has no claim to this as an unique piece of work."

  30. The Answer May Lie in the Details by rueger · · Score: 3, Interesting

    What's not explicitly mentioned is whether the bird sounds were recorded at the same time as the video, or whether they were dubbed in after the fact.

    If the latter, it's entirely possible that he's using a recording that was made, and consequently copyrighted by someone else.

    Movie and TV producers have been dubbing in bird sounds for decades, including one infamous time when CBS backed a golf match with the sounds of birds that have never lived anywhere near the game's location.

    Anyhow, the point is that while you can't (yet!) copyright a bird song, you can copyright a specific recording of a sound.

    (none of this should be taken to mean that Google does not have it's head up its ass.)

    1. Re:The Answer May Lie in the Details by jgrahn · · Score: 1

      Movie and TV producers have been dubbing in bird sounds for decades, including one infamous time when CBS backed a golf match with the sounds of birds that have never lived anywhere near the game's location.

      Never heard of it in sports television, but it happens often in TV series and movies. Woodland birds in farmland settings; Old World birds in the US or Australia; the spring calls of birds in scenes shot in the summer, and so on. To be fair, they seem to often make an effort to get it right, too.

    2. Re:The Answer May Lie in the Details by adamofgreyskull · · Score: 1

      Movie and TV producers have been dubbing in bird sounds for decades, including one infamous time CBS backed a golf match with the sounds of birds that have never lived anywhere near the game's location.

      Wow, even Edvard Munch's "The Scream" doesn't depict anxiety and despair as effectively as a Venn diagram showing the union of the sets: "pedants", "birders" & "golf watchers". I'd rather have my goolies trapped in a white-hot vice for an hour than go to that party.

    3. Re:The Answer May Lie in the Details by Anonymous Coward · · Score: 0

      "And I purposely avoid using a soundtrack in my videos because of all the horror stories I hear about Rumblefish filing claims against public domain music. But when uploading my latest video, YouTube informed me that I was using Rumblefish's copyrighted content, and so ads would be placed on my video, with the proceeds going to said company. "

  31. Where did the original recording come from? by Burning1 · · Score: 0, Redundant

    Okay, sorry... But someone has to ask this...

    Where did the clip of the birdsong come from? Is this something the OP recorded himself? Or did he use an audio clip from some other source? If it's not his recording, it's entirely possible he did commit copyright infringement. And although I don't appreciate the way copyright is being handled here, I don't think it's appropriate to crucify Rumblefish without ensuring that the OP wasn't in fact, using one of their recordings.

    1. Re:Where did the original recording come from? by Burning1 · · Score: 1

      Nevermind. I didn't RTFA. Looks like the birdsong is ambient noise from the original recording.

  32. Sounds like a case for a lawsuit by Anonymous Coward · · Score: 1

    IANAL, but it seems like this could apply:
    http://en.wikipedia.org/wiki/Tortious_interference

  33. ..and is the bird song public domain? by formfeed · · Score: 5, Funny

    Okay, sorry... But someone has to ask this...

    Where did the clip of the birdsong come from? Is this something the OP recorded himself? Or did he use an audio clip from some other source?

    And if the OP recorded himself, did he make sure the birds were indeed singing a song that is in the public domain?

    While birds aren't people and can't own a copyright, a flock of birds is more like a corporation and therefor a person.

    1. Re:..and is the bird song public domain? by Anonymous Coward · · Score: 0

      I'm surprised ASCAP haven't gone after the birds yet.

    2. Re:..and is the bird song public domain? by Anonymous Coward · · Score: 0

      """While birds aren't people and can't own a copyright, a flock of birds is more like a corporation and therefor a person."""
      Very well said. Who has the gold, privileges the person the rights of the flock. =)

    3. Re:..and is the bird song public domain? by Anonymous Coward · · Score: 0

      So better don't fight against that decision, or you'll get an angry birds attack against your home ... :-)

    4. Re:..and is the bird song public domain? by Anonymous Coward · · Score: 0

      And the point no one seems to be comfortable with - perhaps these particular birds work for Rumblefish?

    5. Re:..and is the bird song public domain? by Anonymous Coward · · Score: 0

      so I guess something by "Flock of Seagulls" is exempt... :)

  34. you are not alone by chentiangemalc · · Score: 3, Interesting

    I've had the same with public domain Christmas carols I.e. Silent Night from some wacky company. It seems like a new business model, first patent trolling...but lawyers get expensive, falsely report copyright infringements on YouTube automatic money, and almost no risk.

  35. Talking by QuasiRob · · Score: 4, Funny

    I'll be scared to talk on a video now, I might find I'm copyrighted by someone else.

    --
    If you try to fail and succeed, which have you done?
    1. Re:Talking by Anonymous Coward · · Score: 0

      I'll be scared to talk on a video now, I might find I'm copyrighted by someone else.

      Are you a bird?

  36. Dinosaurs became extinct because of this by Anonymous Coward · · Score: 0

    See, back in the Cretaceous Period, the dinosaur lawyers started claiming copyright over traditional mating songs. Never mind that these songs were in use for millions of years before. The first dinosaur to claim a song got the copyright in perpetuity. One thing led to another, and soon nobody could afford to woo a nice dinosaur mate because of all the prohibitive licensing costs. They stopped mating, stopped laying eggs, and eventually died out. The birds only survived because they started making their own songs under a free license.

    I'm not sure what Rumblefish has against birds, but I guess they'll try to sue them anyway if they think it will make them money.

  37. Re:Cornell Lab of Ornithology has birdsong recordi by truedfx · · Score: 3, Informative

    The core point doesn't work. If bird songs are copyrightable, then different people can hold copyright on different bird songs. If someone patented the idea of recording a bird song, you could claim prior art by pointing to anyone who recorded a bird song before the patent.

  38. Use crowdfunding to pay for a lawsuit by gumpish · · Score: 4, Informative

    Sue them and use crowd funding.

    https://www.crowdtilt.com/

    Make it clear in your project description that you will not settle.

  39. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  40. Solutions. by PortHaven · · Score: 1

    You can spend lots of money suing. Even of you win you'll probably see little compensation for your efforts. Such is our judicial system.

    Or spend $10 on gasoline. Sadly, they've just about pushed it to this point.

    1. Re:Solutions. by theNAM666 · · Score: 5, Informative

      Like, the $25 or so it would take to file against YouTube in local small claims?

      Sheesh. Do not pass Go; go get a Nolo Press book on the legal system. Learn something.

    2. Re:Solutions. by Anonymous Coward · · Score: 0

      Small claims is not a court of record and they have no way to enforce the claim. There, now you learned something.

    3. Re:Solutions. by SuperTechnoNerd · · Score: 1

      So I have to have a law degree now to post my a video of my birthday party? What a world we live in..

    4. Re:Solutions. by theNAM666 · · Score: 1

      Oh, that's definitely copyrighted :P

    5. Re:Solutions. by Anonymous Coward · · Score: 0

      Heh. This sort of thing pisses me off to no end. I have a law degree and bar certification as well as a huge disposable income. I think I'll sue the dicks off Rumblefish for fraudulent DMCA claims and outright theft.

  41. reasonable by bigdavex · · Score: 1

    Rumblefish is really cutting the bird a break by not coming after him.

    --
    -Dave
  42. MOD PARENT UP! FUNNY! by rueger · · Score: 0

    Best comment in this thread - including my own.

  43. MOD THIS UP by dwye · · Score: 0

    Excellent idea, sir. Funny, Interesting, or Informative, though?

  44. Sigh by Anonymous Coward · · Score: 0

    Just put a copyright notice on your videos and send them a cease and desist. Also insist on a cheque rounded to the nearest minor currency unit that covers any revenue generated by their "theft of your copyright". When they have to start sending out thousands of valueless cheques, they'll stop doing this.

    1. Re:Sigh by tragedy · · Score: 1

      No, not a cheque for the revenue generated. He's clearly entitled to from $750 to $150,000 per infringement. The award could then be reduced to $2,250 per infringement, just like for Jammie Thomas.

  45. Slander of title by gnasher719 · · Score: 5, Insightful

    Assuming that your video was recorded in the wilderness, you can sue for "slander of title", like in SCO vs. Novell. All conditions are met: A false statement was made to a third party, claiming that you are not the copyright holder. The claim is malicious since they cannot reasonably believe they are the copyright holder. And finally there are special damages, since ads are added to your video and the revenue is sent to them.

  46. It is low hanging fruit by rssrss · · Score: 1
    --
    In the land of the blind, the one-eyed man is king.
  47. Comment removed by account_deleted · · Score: 3, Informative

    Comment removed based on user account deletion

  48. Stop using Youtube by hectorh · · Score: 1

    Just stop using Youtube. Post the video on your own site. Case closed.

    1. Re:Stop using Youtube by burne · · Score: 1

      I unGoogled a couple of months ago.

      I might reconsider and make a throwaway posting the local blackbird population just to annoy rumblefish.

  49. rumblefish parody by Anonymous Coward · · Score: 0

    Why has no one posted a video about how rumblefish is a bottom-dwelling, scum-sucking bag of slop? With birdsong in the background, of course. And birdshit raining down on a rumblefish.com logo. Get creative, people.

  50. Re:Easy solution by Anonymous Coward · · Score: 0

    Yes, because if nobody bothers to fight this when it is only affecting the big companies, there's no way it could become standard practice in the industry and therefore impossible to avoid. Better solution: smash your camera, cut your Internet feed and go live in a cabin in the woods and enjoy the free bird music. Until Rumblefish has them silenced for violating copyright.

  51. parody imitates life by soonquadruples · · Score: 3, Informative

    A friend and I wrote this bit of silliness years ago: http://www.cs.colostate.edu/~dzubera/riaa_sues_birds_whales.txt The time between parody and real life continues to shrink.

  52. hey eeplox by poena.dare · · Score: 2

    submit this to boing boing and the agitator. They'd probably love this.

  53. Here are the names of the criminals responsible by Anonymous Coward · · Score: 0
  54. I suggest... by Polo · · Score: 1

    A species-action lawsuit. Maybe Harvey Birdman will take the case..

  55. Criminal fraud? by DoofusOfDeath · · Score: 5, Interesting

    Seems to me that if they're claiming copyright on your video, and claim to have reviewed it, and they're receiving *your* ad revenue, then they're guilty of fraud.

    But I'm not a lawyer. Anyone want to pretend they are one and weigh in?

    1. Re:Criminal fraud? by bill_mcgonigle · · Score: 1

      But I'm not a lawyer. Anyone want to pretend they are one and weigh in?

      Well, I'm not a psychic either, but I'm pretty sure if I played the inverse game - made a copyright claim against their videos, claimed to review the claims and still claim to own it - that they'd take the path of suing for fraud.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  56. Re:It's a good thing nobody farted in the backgrou by stephathome · · Score: 1

    I'm afraid it's not the nose you'd be paying through.

  57. Re:The Answer May Lie in the Details : RTFA by Anonymous Coward · · Score: 0

    the birdsong was recorded at the same time as the video

  58. Hang On Just A Second by Anonymous Coward · · Score: 2, Insightful

    I'm all for using the wrath of the Internet to burn a false copyright claimer to the ground, but I see no timestamped text or screenshots of notices from Youtube or Rumblefish posted by eeplox. The video at http://www.youtube.com/watch?v=nPBlfeuZuWg was uploaded on 2/24. Before we all jump onboard and make an effort to force Rumblefish to disconnect their telephones and move their offices out of the Pacific Northwest, can we get some verification that the notices were received and replied to and refuted after 2/24 and were in reference to that same video and not a different one?

  59. Re:It's a good thing nobody farted in the backgrou by sconeu · · Score: 1

    Have you ever smelled his farts?

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  60. Countersue by nurb432 · · Score: 1

    Put the bastards out of business. Please Include Google in the suit.

    --
    ---- Booth was a patriot ----
  61. summary by Tom · · Score: 3, Informative

    Get a lawyer. Get him now, because there are deadlines and the law takes deadlines very seriously. Ask the EFF or ACLU, they often love cases like these, and they have a couple really good lawyers.

    Have your lawyer send them a cease & desist letter. You will need that later.

    From what you describe, you should start in small claims court, which will very likely result in a default judgement in your favour, because most companies don't bother with defending themselves. If they cease&desist, sue them for whatever ad revenue they illegally made. If they don't c&d, sue them for the lot.

    With the default judgement in hand, escalate. Sue them for copyright infringement, fraud and whatever else your lawyer comes up with.

    Don't forget that copyright infringement is a criminal offense, too. And thanks to the content mafia, the penalties are considerable.

    The one thing you shouldn't do is lie down, do nothing, or delete your video. On the contrary, why didn't you post the link? A quick /. effect later and there'd be many thousand views and the damages for your case would be there.

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:summary by ediron2 · · Score: 1

      http://www.youtube.com/watch?v=nPBlfeuZuWg

      TFA hotlinked their complaint to google, which had the URL. Volkswagen ads when I watched it... but I like someone's snarky comment about punishing the content creator by flooding their 'making a wild salad' video with Axe body spray ads.

    2. Re:summary by Anonymous Coward · · Score: 0

      Here is the link:
      http://www.youtube.com/watch?v=nPBlfeuZuWg

    3. Re:summary by SuperTechnoNerd · · Score: 1

      "Get a lawyer. Get him now" Your zeal and your words sound very attractive and righteous -- but then there is reality..
      So now something that was supposed to be free and fun, will suck money out of his pocket, drain his time, and tie him up in court for who knows how long.
      The system is rigged in favor of the rumblefish of the world. So down the rabbit hole we go..

      I should have taken the blue pill..

    4. Re:summary by bill_mcgonigle · · Score: 1

      So now something that was supposed to be free and fun, will suck money out of his pocket, drain his time, and tie him up in court for who knows how long.

      Until we replace government with something better, that's the unfortunate reality of one's duty as a subject under our system.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    5. Re:summary by SuperTechnoNerd · · Score: 1

      The other answer is just to take down your stuff and never post again.. Somewhat simpler.

    6. Re:summary by Tom · · Score: 1

      "Get a lawyer. Get him now" Your zeal and your words sound very attractive and righteous -- but then there is reality..

      I happen to live there. I try to sort my own matters out without lawyers, if possible. But I also have enough experience with the legal system to know when to get a lawyer. This is where you want a lawyer.

      Oh yes, I do assume that the poster has an insurance covering his legal fees. If not: Why the fuck not? It's the common man's equivalent of the corporate legal department. I've probably paid more for my insurance over the years than they paid in lawyers fees, but I am glad I have it exactly because it allows me to call for a lawyer when I need one.

      and tie him up in court for who knows how long.

      A good lawyer minimizes the time his client needs to spend. I retained a lawyer just last week for something that needs sorting out mostly because I am busy with my own company right now and can't afford the time to worry about it myself.

      --
      Assorted stuff I do sometimes: Lemuria.org
    7. Re:summary by adolf · · Score: 1

      Oh yes, I do assume that the poster has an insurance covering his legal fees. If not: Why the fuck not? It's the common man's equivalent of the corporate legal department. I've probably paid more for my insurance over the years than they paid in lawyers fees, but I am glad I have it exactly because it allows me to call for a lawyer when I need one.

      I am intrigued by your concept of "insurance against random legal SNAFU," and would like you subscribe to your newsletter.

    8. Re:summary by Tom · · Score: 1

      Sorry, is this a new concept anywhere on the planet?

      I have something called "Rechtschutzversicherung" in my native german. A translation would be "legal costs insurance". It's like any other insurance: I pay a yearly fee and if I need it, it covers my legal costs, especially the lawyer. They also have their own lawyers to handle small matters.

      So basically, if you threaten me with a lawsuit, I'll say "sue me" and call the lawyer of my choice.

      Don't tell me you don't have something like that in your country. That would be insane.

      --
      Assorted stuff I do sometimes: Lemuria.org
    9. Re:summary by danaris · · Score: 1

      Don't tell me you don't have something like that in your country. That would be insane.

      If we do (in the USA), I've never heard of it, and wouldn't know where to look for it. And I'm pretty well-educated and well-informed. Heck, I worked in the insurance industry for 6 years (albeit the odd corner of it that is workers' compensation).

      The "standard" kinds of insurance pretty much every American knows they should get is basically homeowners', automobile, health (+dental, vision), and life. Homeowners' should include flood, earthquake, and tornado for people in the relevant parts of the country.

      Other than that, it's (seen as) either for businesses, or weird stuff that only paranoid nutcases would buy.

      Dan Aris

      --
      Fun. Free. Online. RPG. BattleMaster.
    10. Re:summary by SuperTechnoNerd · · Score: 1

      I have not heard of this kind of insurance either. But the point is you should not have to have a lawyer on speed dial if your not dealing in shady things.. Or if you just an ordinary joe trying to live his life. I mean the guy just posted a video for christ sake.. Just like I should not feel the overwhelming need to carry my pistol and have an armed entourage every time I go out in public because the chances of me getting robbed is extremely high.

    11. Re:summary by bill_mcgonigle · · Score: 1

      The other answer is just to take down your stuff and never post again.. Somewhat simpler.

      Not being free is simpler ... in the short term.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    12. Re:summary by adolf · · Score: 1

      Apparently, then, it is insane: I've really never heard of such a thing.

      Around these parts (in my little corner of Ohio), people pay for attorneys with either cash or (in extreme cases of dire need and/or pronounced attractiveness) sexual favors.

      And while I'm fond of telling people "You can insure anything, if you can afford it," nobody I've ever talked to has ever mentioned something similar to Rechtschutzversicherung.

      Except you.

      (I'm half-tempted to start a company to sell such coverage to others. It just makes sense.)

    13. Re:summary by Rich0 · · Score: 1

      Oh, it exists in the US. Just keep in mind that in the US legal costs are probably one or more orders of magnitude larger than in Germany, which would make the cost of insurance that much higher. There is also not a loser-pays system, so vexatious litigation is encouraged and the winner usually can't recoup fees. All this makes this kind of insurance either very expensive, or very limited in coverage.

    14. Re:summary by Tom · · Score: 1

      Nobody said anything about a lawyer on speed dial. That's a strawman.

      But it does help to have some way to contact a lawyer if you need one, and some way to pay him. Just like you have the same for doctors. Because, as with having an accident or falling ill, when it happens you won't be in the mood for searching for one.

      --
      Assorted stuff I do sometimes: Lemuria.org
  62. Attorneys by nurb432 · · Score: 1

    So when will one step up and make a name for him/her self and stop this crap once and for all?

    --
    ---- Booth was a patriot ----
    1. Re:Attorneys by MrLint · · Score: 5, Insightful

      I'm glad you asked, and I didnt go and put this in the first post as to not get off course.

      It's not going to end. I predicted 'this' pretty much a decade ago. Any company who chose to get in bed with the media companies and start to proactively 'censor' would soon run into the gaping maw of corporate greed and be faced with 'you aren't doing enough'. Sadly, it's worse and will be worse. The media monsters want carte-blanche to expunge anything they deem damaging to their failing business model (rightly or wrongly). And even if you were to sue google and the media companies, they would just demand the laws get rewritten to allow them to get away with it based on some meaningless threshold that wont even amount to a slap on the wrist. They have already crafted an atmosphere in which 'look ppl we don't care about and end up firing anyway are gonna lose jobs because of blahblahblah.

      Its part and parcel of the mindset that bundles boatloads of crap into your cable TV package you don't want, for the 6 things you do, all the time claiming they not only can't do anything about it, and that all the crap you dont want is in fact good for you.

    2. Re:Attorneys by PopeRatzo · · Score: 1

      So when will one step up and make a name for him/her self and stop this crap once and for all?

      I'll kick in a C-note to help support legal fees for anyone who decides to fight this seriously.

      Unfortunately, Rumblefish is now claiming ownership of notes C through C-flat.

      I think the name "Rumblefish" needs to become as notorious as the name "Santorum". They need to be made an example of company that was turned to shit by public outrage. It can be done. Can we find out who supports Rumblefish so they can be targeted too? Does anyone know any big artists who Rumblefish represents? This stuff is going to keep happening until someone is made to suffer for it.

      --
      You are welcome on my lawn.
    3. Re:Attorneys by glenstar · · Score: 5, Interesting

      I did some negotiation with Rumblefish and Paul about 5 years ago when I ran a digital music company and I have to say that in the sea of bloodsucking fucktards that exist in music licensing Paul and Rumblefish were a breath of fresh air. They were the only company I dealt with that actually gave a flying fuck about their artists and were always very supportive of up-and-coming bands. Hell, their entire business model is around putting unknown artists on soundtracks, or in commercials, and henceforth are actually supporting the artists in a way that previously only the major labels would do.

      All of that being said, it is obvious Rumblefish fucked up this time. Who knows exactly why, but they did. I think it is important that before crucifying them you understand that the service they provide is extremely valuable to artists not on a major label.... so at least give them that.

      And before the venomous masses can call me a shill or whatever: we actually never did business together, nor did I remain contact with Paul, and so I have no reason to defend them other than what I stated above. People and companies fuck up some times. I have a feeling Rumblefish will learn from this mistake.

    4. Re:Attorneys by Merls+the+Sneaky · · Score: 5, Funny

      False DMCA claims are now called "Rumblefish". EG: "My youtube video just got rumblefished. "

    5. Re:Attorneys by Sarius64 · · Score: 1

      Copyrighting bird noises is not a mistake. It's outright fraud. This is plainly another reason that Copyright should be reset to 14 years and screw Disney.

    6. Re:Attorneys by Anonymous Coward · · Score: 0

      No, what Rumblefish needs to do is unfuck themselves as rapidly as possible to defuse the mob that is about hell-bent to crucify them.

    7. Re:Attorneys by PopeRatzo · · Score: 1

      They were the only company I dealt with that actually gave a flying fuck about their artists and were always very supportive of up-and-coming bands.

      You wouldn't happen to know any of the bigger names that are "Rumblefish artists", do you?

      People and companies fuck up some times.

      When people fuck up, their lives are ruined. I've got $50 that says Rumblefish will not "learn from this mistake" as long as they're making money forcing their ads onto other peoples' work.

      --
      You are welcome on my lawn.
    8. Re:Attorneys by celle · · Score: 1

      How many times has Rumblefish done this to other artists who just didn't challenge it before this guy? Even if the content is fair use how many got taken down? This could get ugly quick since there obviously isn't any human review. Time to start checking since it's automated you can be sure it's happened more than once.

    9. Re:Attorneys by Anonymous Coward · · Score: 0

      I did some negotiation with Rumblefish and Paul about 5 years ago when I ran a digital music company and I have to say that in the sea of bloodsucking fucktards that exist in music licensing Paul and Rumblefish were a breath of fresh air. They were the only company I dealt with that actually gave a flying fuck about their artists and were always very supportive of up-and-coming bands. Hell, their entire business model is around putting unknown artists on soundtracks, or in commercials, and henceforth are actually supporting the artists in a way that previously only the major labels would do.

      All of that being said, it is obvious Rumblefish fucked up this time. Who knows exactly why, but they did. I think it is important that before crucifying them you understand that the service they provide is extremely valuable to artists not on a major label.... so at least give them that.

      And before the venomous masses can call me a shill or whatever: we actually never did business together, nor did I remain contact with Paul, and so I have no reason to defend them other than what I stated above. People and companies fuck up some times. I have a feeling Rumblefish will learn from this mistake.

      Buh, buh, buh, BULLSHIAT!

  63. In soviet america by hugetoon · · Score: 1

    ... mother nature her inspiration from artists

  64. Is this a kickstarter-worthy project? by Anonymous Coward · · Score: 0

    I'm a bored, out-of-work lawyer with some experience in copyright, and I am utterly steamed by things like this. I'm also looking for a project to do, and "poking these guys to try to get a few test cases into the courts" over this sort of thing seems like a worthwhile use of my (currently worthless) time.

    Just interested in people's opinions - if I were to put up a Kickstarter page or something similar to help me cover my costs, would people see that as something worth funding? (I'd probably need something in the low four figures, to cover court costs and babysitting as necessary.)

  65. Re:It's a good thing nobody farted in the backgrou by slacktivist · · Score: 1

    Read 'through' as 'by' for the intended meaning.

  66. Birds in the system by tonyreadsnews · · Score: 1

    Obviously Rumblefish has birds for clients. They must have noticed you illegally recording their song, and had Rumblefish track you down. Next time, you'll remember to write and perform your own warbles. Poor birds, everyone trying to make money off the material they've spent centuries perfecting...

  67. Automation Fail... by t4ng* · · Score: 1

    Having actually read the text at the links in the post (astonishing, isn't it?), it sounds to me like this is all done automatically with no human review.

    The posts in the YouTube forum refer to copyright owners submitting Content IDs to YouTube. Apparently Google does some sort of audio and video analysis on all uploaded content to look for CID matches. An automated notice is then sent to the entity that submitted the CID. That entity is then supposed to have a human review the video to see if the analysis got it right. If the entity confirms to Google that they own all or part of the content, then ads are added to the video, with proceeds going to Google and the content owner. If the uploader of the video disputes the claim, the ads are stopped until the dispute is resolved.

    One poster claims that Rumblefish automatically confirms a copyright violation with no human review. It seems to me that the YouTube/Google end of the system is working well enough. The point of failure is Rumblefish.

  68. Its called "slander of title" by inode_buddha · · Score: 1

    Its called "slander of title". Get a lawyer, tell them this has happened, and mention "slander of title". The damages could be worth as much as a direct copyright infringement.

    --
    C|N>K
  69. time to find a new video sharing service by conark · · Score: 1

    screw youtube. time to look for a non-US affiliated video sharing site run by people again.

  70. Get Youtube out of the picture by Cajun+Hell · · Score: 1

    You need to host your own content, so that you're receiving actual DMCA notices and no one is in a youtube-like position of voluntarily taking things down.

    Since apparently Rumblefish contacted you about this particular video, I assume (though I realize this is getting iffy) you've made some sort of contact over there. Tell them about your new host, to make sure they know about it and that you have not changed the soundtrack in any way (so that it'll still be "infringing").

    At this point, you win. Either they will abstain from taking action and your publishing continues without any opposition. Or they fight back with DMCA notices. Then you counter-notice and sue them for any expenses.

    Right now you can't do that, because you're not owed anything, and it's Youtube voluntarily refusing to host your video, rather than it being any sort of matter concerning laws. No one has yet been harmed by Rumblefish's fraud (except perhaps Youtube themselves, and they don't care), so there's nothing yet to fight about. Even you haven't been harmed or had your speech impacted, because you have only lost one particular middleman, and not forcefully, rather than all middlemen or your speech itself.

    It's like if if someone goes to Tomas Paine's printer and says, "Paine's a liar, you shouldn't publish Common Sense," and the printer says, "I don't care if you're right or wrong, but as a courtesy to you, my friend, I will tell Paine to print elsewhere. It's not like he was paying me, anyway." It's ugly and based on a deception, but also all very polite and consensual. Consent goes a long ways.

    --
    "Believe me!" -- Donald Trump
  71. You're doing it wrong. by raehl · · Score: 5, Insightful

    If you want to compete with the big boys, you have to think like the big boys.

    Sue Rumblefish for $150,000 for each time your video is played with their advertising on it.

    Even better, file as a class action, that way you and your lawyer get paid for every case of Rumblefish doing this, and everyone else gets a coupon.

    1. Re:You're doing it wrong. by Anonymous Coward · · Score: 0

      This is probably the best advice!

    2. Re:You're doing it wrong. by Anonymous Coward · · Score: 0

      Class action lawsuit? Great idea. Then youtube users can get zero dollars (since it is a free service) and some lawyers can rake in big bucks if it works out. Then the lizards who are less evil will get all the money!

    3. Re:You're doing it wrong. by Larryish · · Score: 1, Flamebait

      Find each Rumblefish C-level executive, and cut off their fucking heads.

    4. Re:You're doing it wrong. by PopeRatzo · · Score: 5, Insightful

      Class action lawsuit? Great idea. Then youtube users can get zero dollars (since it is a free service) and some lawyers can rake in big bucks if it works out.

      Dummy, if "some lawyers" can do a good enough job to win a class action lawsuit and turn Rumblefish into a smoking crater, then they have earned the money.

      The "youtube users" weren't getting any money anway, so who cares if they still don't get money? The guy in this story just wanted to put up a nice video of him walking in the woods. He wasn't looking for "any money".

      I guess Rumblefish is just going to have to decide they own the name "Linux" and all distros and force every repository to shut down and force all distros of Linux to carry an indelible advertisement for Windows 8 before some people are going to wake up and realize how urgent this is.

      --
      You are welcome on my lawn.
    5. Re:You're doing it wrong. by Anonymous Coward · · Score: 0

      Find each Rumblefish C-level executive, and cut off their fucking heads.

      Two will just grow back in their place.

    6. Re:You're doing it wrong. by nigelo · · Score: 0

      You're doing it wrong.

      --
      *Still* negative function...
    7. Re:You're doing it wrong. by Deus.1.01 · · Score: 1

      But it feels SOOO right.

      --
      My -1 Troll is actually a +1 funny. And my -1 flame is actually a +1 insightfull.
    8. Re:You're doing it wrong. by tnk1 · · Score: 2

      Doesn't work. The Hydra has nothing on them. The C-Levels don't just grow new heads, they grow whole new bodies and spawn more lawyers to boot.

    9. Re:You're doing it wrong. by Anonymous Coward · · Score: 0

      Let ACTA do the job (they want it - now they shall taste it).
      Tell your public prosecutor you suspect a crime (a false copyright claim is a crime), lay back & relax.

    10. Re:You're doing it wrong. by Anonymous Coward · · Score: 0

      this kind of humor is easily miss-understood and we should not appeal to violence...

    11. Re:You're doing it wrong. by ICLKennyG · · Score: 1

      You're going to have a hard time getting $150k from Rumblefish, exerting copyright over the content is not one of the 6 exclusive rights of copyright. The only IP scehme in the USA that deals with an affirmative right is trademark. Copyright in a work, does not guarantee the creator the right to freely distribute and exploit their own work. You might have an interference or fraud claim but you'll likely be limited to actual damages.

      The problem here is with the DMCA scheme and the copyright framework. The incentives are setup to encourage youtube to restrict content and spend no effort refuting or investigating the claims of alleged content holders. If there were a better structure for falsely claiming ownership in cases like this through statutory fines and other penalties along with a better safe haven for the service providers you might get something more rational but as it is from YouTube's perspective once Bumblefish claims it's their content, YouTube has to decide if they want to go against Rumblefish's claims but if they do they are now no longer protected by the safe harbor and are exposed to the DMCA and Copyright statutory damages. Even if the user is right, YouTube is still exposed to costly litigation expenses and it's simply not in their interest to post the content.

      This will only get worse with SOPA and it's progeny. Big content owners have clearly taken a shoot first, ask questions later stance online.

    12. Re:You're doing it wrong. by Anonymous Coward · · Score: 0

      Or maybe it's time to stop playing their rigged game and start playing one that doesn't require a bastion of lawyers and 7 figures in a bank account to win?

      At some point we have to acknowledge the fact that lawsuits and legislators are not going to fix this problem or dig us out of this hole we've found ourselves in. The Legislative, Judicial, and Executive branches are all completely broken, and they're not only ramping their crap up stateside, but they're exporting their lunacy all over the Western World against the will of sovereign citizens in countries that don't even fall under their jurisdiction. We've now got corporations able to point a finger at someone anywhere in the world and our police roar into action, storming their house, kidnapping and extraditing people at will over such stupid bullshit as IP theft. Look at the Kim DotCom crap. They sent in like 50 shock troops in helicopters and shit, and for what. A guy that ran a site that had a lot of piracy on it. We didn't go looking for the fucking Nazis like we're looking for people pirating fucking movies and video games these days.

      So yeah, fuck that "we should not appeal to violence" crap. When every other method at our disposal is ineffectual, maybe it's time to start looking to violence? Call it a preemptive war if that makes you feel better, its worked for our government before and should be something they understand. If we wait until we're living in an undeniable Orwellian police state it's gonna be too damned late to do anything about it.

    13. Re:You're doing it wrong. by Barbara,+not+Barbie · · Score: 1

      exerting copyright over the content is not one of the 6 exclusive rights of copyright

      False - copyright extends to any work saved in fixed form. This is why you can make copies in ram w/o violating copyright (it's not in fixed form). However, unless he registered the copyright, he's only in line for actual damages, not statutory damages.

      --
      Let's call it what it is, Anti-Social Media.
    14. Re:You're doing it wrong. by Barbara,+not+Barbie · · Score: 1

      "We didn't go looking for the fucking Nazis^W^Wbin Laden like we're looking for people pirating fucking movies and video games these days.:

      FTFY

      --
      Let's call it what it is, Anti-Social Media.
    15. Re:You're doing it wrong. by mcgrew · · Score: 1

      From Wikipedia, the free encyclopedia
      Jump to: navigation, search
      Rumble Fish is a 1983 film.

      Rumble Fish may also refer to:

      Rumble Fish (novel), a 1975 novel by S. E. Hinton; basis for the film
      Rumblefish (band), a UK pop band formed in 1986
      "Rumble Fish" (song), a 2000 song by Do As Infinity
      Rumble Fish (group), a Korean rock group
      The Rumble Fish, a 2004 2D fighting video game
      "Rumble Fish," a 1993 song by Desert Hearts
      "Rumble Fish," a 1999 song by Sevendust from the album Home
      "Rumblefish," a 2000 song by Bonnie Pink from the album Let Go
      Siamese fighting fish

      Odd that the rumblefish we're discussing doesn't have a wikipedia entry. I'd never heard of them before, are they really a legit company?

      As to the class action, you don't get any more of a cut than any of the other harmed parties. The only one who wins a class action lawsuit is the lawyers.

    16. Re:You're doing it wrong. by madhi19 · · Score: 1

      That why you must use a divine weapon +5 at least! lolll

    17. Re:You're doing it wrong. by rtb61 · · Score: 1

      That would be lie, cheat and steal? Problem is when the big guys do it they get bonuses and the share holders get fined. When the little guys do it, they get assaulted, brutalised, denied bail, all their goods confiscated and wait months or even years for a trial and, then get threatened with life imprisonment unless they cop a plea for a lesser crime guilty or innocent.

      --
      Chaos - everything, everywhere, everywhen
    18. Re:You're doing it wrong. by Anonymous Coward · · Score: 0

      Not everything is on Wikipedia. Try Google next time.

    19. Re:You're doing it wrong. by Anonymous Coward · · Score: 0

      The "youtube users" weren't getting any money anway, so who cares if they still don't get money? The guy in this story just wanted to put up a nice video of him walking in the woods. He wasn't looking for "any money".

      It's not about making money, it's about taking money... And changing the status quo, because the status is not.... quo....

      (kudos to anyone who gets the reference =P )

    20. Re:You're doing it wrong. by PopeRatzo · · Score: 1

      It's not about making money, it's about taking money... And changing the status quo, because the status is not.... quo....

      Very good, 'orrible.

      --
      You are welcome on my lawn.
  72. The Video In Question by Anonymous Coward · · Score: 0

    The video in question:
    http://www.youtube.com/watch?v=nPBlfeuZuWg

  73. Earth has l.t. 1 billion years (unless we move it) by dwheeler · · Score: 2

    The sun's energy output will increase until there will be no liquid water on the surface in about 1 billion years (unless there's some kind of intervention). Personally, I think we should plan on moving spaceship Earth before then.

    --
    - David A. Wheeler (see my Secure Programming HOWTO)
  74. False DMCA claims are a crime by Anonymous Coward · · Score: 0

    I would find prior art and file counterclaims.

  75. Nope, not true. by raehl · · Score: 5, Informative

    This isn't a DMCA notice, or a case of someone filing (under penalty of perjury) a notice that they own the material and demanding you take it down.

    This is an issue of YouTube's user agreement and the way YouTube shares revenue.

    When you upload content to YouTube's site, you obviously agree to allow them to show the video.

    YouTube also has a separate revenue sharing program, where you can get revenue from your videos - but YouTube is NOT obligated to do this. They could simply run ads on your content, say screw you, we're not giving you any revenue share, and keep all the revenue for themselves.

    What YouTube has done is put in place a program where content owners can have YouTube automatically match content on their site with the content owner's content. YouTube has chosen, in the event such a match is made, to give the content owner the OPTION of allowing the infringing content to stay on the site and getting the ad revenue share instead of just having the content removed entirely.

    So you're in a grey area - no one is asking your content to be taken down, so there's no DMCA request. YouTube has just agreed with the 3rd party to share the revenue from your content with the 3rd party - which is YouTube's perogative since they can do whatever they want with their ad revenue. If you don't like what they decide to do with your ad revenue, your recourse with YouTube is simple: Don't put your content there.

    I'm guessing that YouTube really just didn't think through how their program actually works when bad actors are introduced (ala rumblefish). If YouTube were smart, they would realize Rumblefish is a bad actor and kick them out of the program and force Rumblefish to submit DMCA notices instead.

    1. Re:Nope, not true. by martin-boundary · · Score: 1

      Thanks, someone ought to mod you up.

    2. Re:Nope, not true. by Albanach · · Score: 1

      Is the OP allowed to have adverts and claim revenue via youtube? If so, wouldn't rumblefish's actions be tantamount to IP theft, depriving him of the opportunity to generate revenue from his original works? Isn't that precisely what they are supposed to be preventing?

      I don't see a link to the video in the summary - had there been one there may even have been enough hits and ad impressions to make such a claim reasonable.

    3. Re:Nope, not true. by DragonWriter · · Score: 1

      This isn't a DMCA notice, or a case of someone filing (under penalty of perjury) a notice that they own the material and demanding you take it down.

      No, but it does seem to be a clear-cut libel: a false, damaging claim made by a party who knows, or reasonably should know, that it is false, that causes damage to the party about whom the false claim (of using copyright protected material) is made.

      It may also be a breach of the contract between Google and the purported content owner, but that's a different issue,

    4. Re:Nope, not true. by Anonymous Coward · · Score: 1

      Your point is well-taken, but I don't think it's as grey as you say, because Rumblefish is now asserting copyright over your material, and claiming that you are violating copyright, which is not very grey at all, especially when they're making money off of it. There's at least some fraud and libel issues at play, independent of the DMCA. They're also at some level making money off of your intellectual property (I shudder to say something like that because it's so ironically nonsense, but it illustrates the point).

      Also, there's the issue that this case illustrates a more widespread pattern of behavior and calls into question situations where the IP implications are more tenuous.

      For example, let's say Rumblefish falsely asserts copyright over your music that you actually have rights to. I.e., Google, by its own policies, should be giving *you* money for work you created. Now Rumblefish is very much liable for damages. The point is that this may or may not happen, but the case raises the possibility that it has already occurred, and suggests widespread fraud.

      This case has lots of implications beyond the technicalities of whether or not the DMCA was violated in this particular case.

      I would hope the harmed individuals would go to the EFF or ACLU and sue the bejeezus out of all the assholes perpetuating this sort of fraud.

  76. Re:Send this story to your elected representatives by Anonymous Coward · · Score: 0

    This is probably the most sound advice in the entire battery of responses.

  77. Re:It's a good thing nobody farted in the backgrou by Anonymous Coward · · Score: 0

    Rumblefish obviously has a copyright on queefs, not farts.

  78. Re:Infinite Monkeys by hoboroadie · · Score: 2

    My songwriters are working day and night to write every song. When we finish, y'all better start sending fat checks, or else you're in a heap o'trouble.

    --
    They feared that it could be used to suppress protest or support unpopular rule.
  79. RumbleFish to CarcharhinusLeucas... by Julz · · Score: 1

    Perhaps RumbleFish could change names to that or perhaps ZambiShark?

    Quoting from [http://en.wikipedia.org/wiki/Bull_shark]

    "The bull shark, Carcharhinus leucas, also known as Zambezi shark or unofficially known as Zambi in Africa and Nicaragua shark in Nicaragua, is a shark common worldwide in warm, shallow waters along coasts and in rivers. The bull shark is well known for its unpredictable, often aggressive behavior."

    --
    When shit hits the fan get some of these https://youtu.be/pY-GncsZ-UE
  80. Happy Birthday! by Anonymous Coward · · Score: 0

    Can I let birds sing at my child's outdoor birthday party without having to pay these people?

  81. Birds evolved from theropod dinosaurs by Average_Joe_Sixpack · · Score: 1

    Copyright dinosaur-song, then sue them for prior art.

  82. Hoping to Clarify ... by peatbakke · · Score: 5, Informative

    Hey all,

    I'm Peat Bakke, the Lead Architect at Rumblefish. I write a lot of the code that manages our music catalog, as well as interfaces with our partners (like YouTube), so I'm intimately (painfully) familiar with how all of these pieces fit together, and who's responsible for what.

    First things first -- eeplox, I'm sorry this has been a shitty experience. Clearly something has been missed, and I want to make things right. Please contact me directly at peat@rumblefish.com, so we can sort out exactly what's happening with your video.

    Automated content identification is a hairy problem, doubly so when mixed with synchronization (soundtrack) licensing. YouTube's system is one of the better ones out there, and even so, we get a ton of false positives coming out of it every day. The biggest source of false claims come from covers and samples, where it's particularly difficult to determine if the soundtrack for a video is or isn't in our catalog.

    That said, we do listen to each disputed claim that reaches us, after YouTube has gone through their (rather terse) automated resolution system. We're working with YouTube and our other partners to make the process simpler and less legally threatening ... but we're the small fish at the table.

    It's worth mentioning that Rumblefish isn't a subsidiary of a major label, media conglomerate, or rights organization. This is a very small company, founded and owned by an independent musician, and half our staff play in bands or work in independent film. We've focused specifically on independent artists who want their music to be used in soundtracks ... and for what it's worth, yes, there are several tracks that sound like birds chirping. :)

    Regardless -- the media licensing industry is a horrible, horrible mess. No question about it. Our mission is to make it easier for independent artists (music and video alike) to make a living doing what they love, and it genuinely sucks to hear when people are let down.

    I'm happy to answer questions about how we do what we do. IANAL, of course ... but I am a geek. :)

    Thanks,
    -Peat

    1. Re:Hoping to Clarify ... by Legion303 · · Score: 3, Insightful

      "I'm Peat Bakke, the Lead Architect at Rumblefish. [...] Automated content identification is a hairy problem [...]"

      "Rumblefish refuted my dispute, and asserted that: 'All content owners have reviewed your video and confirmed their claims to some or all of its content: Entity: rumblefish; Content Type: Musical Composition.' "

      Fuck you, Peat.

    2. Re:Hoping to Clarify ... by EPAstor · · Score: 5, Interesting

      Mr. Bakke, please explain how submitting the note "All content owners have reviewed your video and confirmed their claims to some or all of its content" is possibly acceptable when no one's reviewed it? This makes your company look awfully bad.

      Alternatively, if someone did review it and sign off on that reply, then I hope this will reflect properly on that individual and their career at Rumblefish, as I'm pretty sure that this at least makes your company rather vulnerable from a publicity point of view, if not a legal one. If you're outsourcing this... then really, I hope your company can learn its lesson QUICKLY.

    3. Re:Hoping to Clarify ... by SecurityGuy · · Score: 3, Interesting

      Don't lie is a good start. Not you, Peat, but whoever claimed that the content owners reviewed it and certified it belongs to them. That sure SOUNDS dishonest, here. Reminiscent of the whole mortgage robosigning business, to be honest.

      I don't have any issue at all with content owners protecting their rights. The problem is that content owners are often quite indifferent to trampling the rights of others. It's good that you're sorting this out, but really, if I get tagged inadvertently in the same way, do I have to get my story on slashdot to get it fixed? One would hope I'd just file a dispute and a real, live person would look at and see it doesn't belong to you guys. And by the way, that should be the default. Unless you're SURE, you let it go. We have stuff that sounds like birdsong isn't good enough.

    4. Re:Hoping to Clarify ... by b4dc0d3r · · Score: 3, Interesting

      I, too, am a geek. But I don't speak for my company. And you might want to think twice before you speak for yours. While you are trying to do the right thing, I assure you, somewhere in your company the legal department is figuring out an appropriate response. The CEO is likewise either shitting his pants, or seeing dollar signs. Either way, its his call, not yours.

      Personal feedback might be nice for you, but either the CEO falls on his sword or the lawyers win.

      Also, your company swore that it listened to and confirmed a violation of the audio. I assume you take personal responsibility for that? That you had a hand in creating that system, know its failings, and would swear that it is imperfect?

      Or maybe you just want to improve your software. It's a nice gesture, but quite out of place. A personal reply might have been better. Going public was probably not the best way to get better.

    5. Re:Hoping to Clarify ... by peatbakke · · Score: 4, Informative

      Heya,

      Many of those responses are pre-canned in the YouTube system, so unfortunately we get stuck when it comes to the responses. Even in clear cases of infringement (which this is not), terse and threatening legalese doesn't help anyone -- not us, the musicians, or the video creators.

      We're looking forward to having a direct relationship with the people who use music from our catalog. Music copyright, particularly synchronization rights, are a highly charged topic -- legally and politically. If we can make it easier and safer for people to find and use the music, everyone wins.

      We'll sort out exactly what happened, and set it right with eeplox directly.

      Thanks,
      -Peat

    6. Re:Hoping to Clarify ... by blind+biker · · Score: 2

      After reading this lame letter/post, it appears clear that you have not done your homework and should be sued. You should be made an example of, for the benefit of other youtube users. It doesn't matter whether you're a megacorp or a crummy one-man operation (which I assume you are); this copyrights madness should stop.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    7. Re:Hoping to Clarify ... by peatbakke · · Score: 2

      Heya,

      I agree -- it's hard to get ahold of copyright holders and sort out these sorts of disputes when they come up. It sucks that I learned about this case on Slashdot; there's clearly something missing between YouTube video creators and independent music copyright holders when the issue ends up ... here! This is something we're working on with our partners: figuring out how to clearly (and humanly) communicate what, how, and why.

      One of the genuine pleasures of working for Rumblefish is seeing some of the awesome ways the music gets used. It's equally frustrating and disappointing when something like this comes up. We'll figure out what's up, and work to get it fixed quickly.

      Thanks,
      -Peat

    8. Re:Hoping to Clarify ... by symbolset · · Score: 1

      It's neat to know that you and the CEO showed up both on slashdot and reddit directly to clear the air. Obviously there are steps to take, not only with this individual video but to investigate other videos also mistakenly so labeled, and to preventing a recurrence.

      Content rights are becoming a much more passionate issue than in years past - particularly with rights holders pushing for criminal punishments for things that were civil matters previously and clawing back the public domain in copyright extensions. And then there's the whole SOPA/PIPA "Free speech and due process are unnecessary inducements to theft" nonsense.

      Good luck getting this right. I'm willing to believe you guys are going to give it a fair try, and not join the pitchforks and torches brigade just yet. You've earned a little harmless poking fun for a while though, even if you fix it quick.

      Q: Who owns the copyright on "Twitter"? - A: Rumblefish!

      --
      Help stamp out iliturcy.
    9. Re:Hoping to Clarify ... by bill_mcgonigle · · Score: 1

      Many of those responses are pre-canned in the YouTube system, so unfortunately we get stuck when it comes to the responses.

      I don't think anybody cares about the wording here ... for the message

      All content owners have reviewed your video and confirmed their claims to some or all of its content"

      to be sent to eeplox, did somebody at Rumblefish have to manually initiate confirmation?

      I think that's the impression that we're all under here (that such a thing was confirmed maliciously or incompetently) so if that's not true, please set the record straight.

      This is serious legal business here - being too busy or too careless isn't an excuse. eeplox was sharing his experience with picking salad greens, and then somebody jumps on his ass with the backing of government force - he initiated aggression against nobody. We live in a society where we've decided it's better to let n wrong-doers get away with it than to wrongfully punish the innocent. If the YouTube system sucks and is catching innocent people in its wake, then ethical people won't use it until the system is fixed.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    10. Re:Hoping to Clarify ... by colfer · · Score: 1

      Peat is not talking to you, he's spouting CEO-happy-talk for his investors who do not understand the simplest thing technically. Peat will not answer the question everyone here knows is at issue, the confirmation to YouTube. Just look at the astroturfing responses that started popping up after Peat's comments.

      The happy-talk thing seems to be generational, fake it to make it. I ran across it today on the OpenID project at Mozilla. I guess it's how you get ahead in a no-offense way. Thankfully, the Mozilla guy did reply substantively after I scrolled down a bit.

      The worst thing you can do in these people's view is to get peeved & worked up about something. The office environment must be terrible these days for any thinking person. No wonder people watch Mad Men, Sons of Anarchy, Sopranos, Curb, Breaking, all those shows where the reality of being super careful about what you say does not exist. Even the Office (U.S.) is one big H.R. joke.

    11. Re:Hoping to Clarify ... by peatbakke · · Score: 3, Interesting

      Heya,

      We'll sort out exactly what happened in the next couple of days -- I really wish I could have a clear cut answer for you right now.

      I completely agree on your point that it's a serious problem. I joined the company last year because they're out to fix an industry that's fundamentally broken and frequently abusive; that's why I'm spending my Sunday night trying to sort this out.

      Anyhow -- I know this doesn't directly address your concerns. Sorry about that. When there's more to share, we'll figure out the right place to put it.

      Thanks,
      -Peat

    12. Re:Hoping to Clarify ... by bill_mcgonigle · · Score: 2

      I really wish I could have a clear cut answer for you right now.

      So, you don't know if manual confirmation is required for that message to be set back to the user who has challenged the claim?

      I'm not asking "who knew what and when did they know it" - I'm still wondering if the premise is being correctly framed here.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    13. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      I've had exactly the same thing happen to me on YouTube, except in my case the "copyright holder" was WMG (Warner Media Group). Needless to say, they also claimed that something ridiculous (the sound of a motorbike engine - my motorbike) belonged to them.

      I don't have the time, energy or inclination to take them to court, which is EXACTLY what they are relying on. Sure, if I had posted my story on slashdot, maybe they would have said "my bad", and dropped their claim. Now let's assume (probably correctly) that they have millions of videos wrongly attributed to them, and are collecting advertising revenues on them all. What's the downside for them if they wrongfully claim millions of dollars of advertising revenues? Nothing.

      This isn't about 1 edge case, Rumblefish. This is about millions of other similar cases out there where the genuine creators of content are being ripped off by big media organizations. Your lazy non-verification of the video is perpetuating the problem, and I hope you get taken to court and lose.

    14. Re:Hoping to Clarify ... by bill_mcgonigle · · Score: 1

      Well, I hope your comment winds up being wrong, but the comment I got in response doesn't indicate it is.

      I've seen the "happy talk" thing myself - it sure doesn't cut it when substantive issues (money, engineering, politics) are on the line. I guess we can hope that will keep it self-limiting to some extent.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    15. Re:Hoping to Clarify ... by parlancex · · Score: 1

      Oh thank you merciful representative of corporate copyright holdings, you are truly a benevolent god.

    16. Re:Hoping to Clarify ... by peatbakke · · Score: 2

      I have my suspicions, but I'm going to hold off on public speculation.

      Things will be much more clear tomorrow, when we can actually review the complete process.

      Send me an email at peat@rumblefish.com, and I'll be in touch.

      Thanks,
      -Peat

    17. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      Aaaah, you just called out Google.

      For your sake, I hope Google backs you and admits that their system performed erroneously entirely unto itself and your company is as innocent and good-natured as you claim them to be.

    18. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 1

      It's comments like this that reveal how clueless most SlashDot posters really are. A company fucks up and when they are alerted, a top-level guy immediately responds saying they do not know what happened, they are sorry, and they are looking into it. Wow, what an ass-hole he is, right?

      This is a form message from YouTube.
      - Did someone at rumblefish even look at it, or did YT fuck up?
      - Was this even a bad call in the first place? Rumblefish makes soundtracks, which could easily include recordings of bird songs. If the guy in question downloaded the soundtrack off the internet, it probably really is copyright violation.
      - What luckless sap at rumblefish gets to manually respond to copyright objections? How many does he do a day? How often are the objections bullshit? How often does he make mistakes?

      Unless you know the answers to these questions, zip it and wait until you have a clue wtf is going on, because right now, you, like everyone else, has none.

    19. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      Hi Peat,

      I appreciate you working to clarify this. I am glad you care about musicians.

      Still, if notes are going out saying a person reviewed the content, then you need to have a person reviewing the content, canned responses or not.

      You know what the responses are, your company is responsible for them being sent, whether or not you send them, and you have documented instances of mistakes like this in the past, so now you have to have a person review these. There is no other honest way to deal with it.

      If your agent says a person reviewed it, then you are responsible for ensuring that a person reviews it. To pretend otherwise is childish at best.

    20. Re:Hoping to Clarify ... by roothog · · Score: 1

      Regardless -- the media licensing industry is a horrible, horrible mess. No question about it. Our mission is to make it easier for independent artists (music and video alike) to make a living doing what they love, and it genuinely sucks to hear when people are let down.

      That's great, Peat. How does it feel to realize that you're actually a part of the problem rather than the gallant knight for the little guy that you seem to think you are?

      You belong in jail.

    21. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      It'll be nice to know what exactly transpired here, but I tend to take corporate apologies less seriously when they come only after the issue has been publicized. Makes it look like damage control, and makes one wonder how many incidents have gone unsolved.

    22. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      "A company fucks up..."? They confirmed their claims. CONFIRMED.

    23. Re:Hoping to Clarify ... by realsilly · · Score: 1

      Peat,

      If you are who you say you are, why would you go through /. to resolve this issue with eeplox? If your system is automated, then the automated response is fraudulent in the fact that it states this "All content owners have reviewed your video and confirmed their claims to some or all of its content:
      Entity: rumblefish Content Type: Musical Composition " Clearly it was not reviewed by a content owner. Therefore, your efforts here on /. are attempts to make Rumblefish look like they are victims of a crappy system. The way to resolve this is to work with eeplox directly and not make your claims over slashdot.

      Your attempts to clear the air here in /. for an issue on YouTube appear disingenuous and trite. Remedy the issue, clear eeplox's name and fix your system so that the public will come to your defense. Not you protecting your company's business reputation.

      --
      Life takes interesting turns, but the most interest is when you're off the beaten path.
    24. Re:Hoping to Clarify ... by wye43 · · Score: 1

      You don't get it. They entire business model is about making money from copyright trolling YouTube videos with an automated software. They have no incentive whatsoever to reduce their error rate. More error = more money. Its like a money printing business.

      Note that they name YouTube as a "partner". YouTube is in on this one. Advertising whores.

      Its a whole new low-standards bar. The human ingeniousness for producing money from low-morale crap never cease to disgust me.

    25. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      Why is a reponse claiming "All content owners have reviewed your video and confirmed their claims to some or all of its content" pre-canned? How can you say you have confirmed claims in a pre-canned response? Its a total lie.

    26. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      Yeah, whatever. Your company lied about reviewing the video after a dispute was filed and now you're trying to make excuses about how it's ok for your company to screw anyone over because you are unable to do your job.

      Your company is well and truly fucked now and that is the only reason you guys are trying to do damage control. I have seen other videos on YouTube that your company has illegally appropriated IP on prior to this and there was never a word from you guys until now.

      You might want to start looking for a new job.

    27. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      Automated content identification ... we get a ton of false positives coming out of it every day ... :)

      Youtube needs to have its hand cut off for its automated content identification failures, but Rumblefish deserves to cease to exist for using it.

      Nobody else is smiling about this. Why do you keep smiling?

    28. Re:Hoping to Clarify ... by Anonymous Coward · · Score: 0

      Hey Peat, let us know when you _change_ your policy to have a human involved _before_ you send anything to youtube. A computer program that justy says, mine, doesn't cut it. Not just any human, one that can tell a lawful use of a piece, a use protected by fair use and such, as well as completely wrong results by software. Until then, most of us here, simply think the model is wrong.

    29. Re:Hoping to Clarify ... by Legion303 · · Score: 1

      You neglected to log in, Peat.

  83. Re:The Answer May Lie in the Details : RTFA by rueger · · Score: 1

    Neither the article or the Google thread says this. All that it says is that's a video of "basically just me walking and talking, outdoors, away from any possible source of music." Maybe you can also hear birdsong behind him, maybe you can't, or maybe he added it after the fact. We don't know.

  84. Link to the video by Anonymous Coward · · Score: 0

    For those who want to view his vid and help him rack up the damages against Rumblefish: http://www.youtube.com/watch?v=nPBlfeuZuWg

    And *yes*, that is a legit link. Posting as AC because I'm lazy, that's all.

  85. Re:The Answer May Lie in the Details : RTFA by rueger · · Score: 1

    Whoops - my bad. He does say "There are birds singing in the background in the video".

  86. 100 years by Anonymous Coward · · Score: 0

    I'm no lawyer, but I believe copyrights end 100 years after the original artists' death. So, 100 years after the first bird to have sung this, wouldn't the copyright be void?

    1. Re:100 years by darkonc · · Score: 1

      Unless the 'artist' is "God", in which case the copyright is indefinite (presuming that you're not an atheist).

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    2. Re:100 years by Eponymous+Hero · · Score: 1

      i always wondered why i couldn't sue God for the acts He commits that destroy my property. if i can't serve Him a subpoena then they should come up with a different phrase to handle "Shit Happens" situations.

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
  87. Reply from Rumblefish CEO... by gVibe · · Score: 5, Informative
    All... I wrote a pretty heated email to Rumblefish earlier, and below (with his permission) is the response I received from the CEO Paul Anthony. -- Jeff

    Hey Jeff, it's Paul Anthony, CEO and Founder of Rumblefish. I have to say, I appreciate your passion for what you believe is right and your willingness to go to bat for it.

    I just caught wind of the thread going on at Slashdot and have started replying to posts. It's very important to myself and everyone at Rumblefish that we do right by creators. If we have in fact been sent a claim from the YouTube Content ID system that has been misidentified...we'll happily release it. I'll make sure we look into it, and are doing so now.

    I'm gathering from the thread that the issue is obviously over singing birds....sounds like an outside case to me that we represent birds singing in nature....but in cases like this it could very well be A: Something completely different in the work B: A simple mistaken piece of content by the YouTube content ID system or an error on our part.

    Before you launch a full fledged, and rather passionate by the tone of your email, assault against my company...I'd appreciate the opportunity for my team to actually look into this. We're a group of people who love music, love content creators and show up at work every day to do right by our artists and labels by sending them royalties for the use of their music.

    Thanks.

    --
    Keywords for the NSA overthrow oppressive regime true believers marathon Manhatten the financial district blueprints I
    1. Re:Reply from Rumblefish CEO... by Anonymous Coward · · Score: 0

      I suppose nobody told you what's really going on here.

      We know the youtube algorithm essentially doesn't work. It was obvious to those who understand that it was broken ever since a wedding got its entire audio stripped because some company claimed to own Beethoven's Ninth. They did own a specific recording, but being able to tell one specific recording from another when recaptured over the background is ludicrous. We know that these cases don't get manually looked at and there is no appeal that is cost-effective for 99% of posters.

      Here we have a case that's so egregious that nobody could seriously believe this guy violates anybody's' copyright here.

      You're catching the rage that would have been caught by the first person who blew it badly enough that it wouldn't have a prayer before a jury no matter how badly things went as a matter of law.

      It's not really personal. You are not the intended target. Youtube's behavior needs to change. We need leverage.

    2. Re:Reply from Rumblefish CEO... by Anonymous Coward · · Score: 0

      This is a tough one. We've seen Content ID tech do a great job and do a bad job. It's intention is ( in no specific order) to A: help ID content and B: monetize the system that hundreds of millions of users use for free as a broadcasting medium because YT/Ggl are for profit companies that build a lot of products that we all use.

      It's a hard problem to solve and the tech team at YT is trying to keep up. Currently, an obviously b/c of the birdsong mis-ID, mistakes happen and things are mis-ID'd.

    3. Re:Reply from Rumblefish CEO... by gVibe · · Score: 2
      Another Reply From Rumblefish CEO - Looks like Slashdot may have had an impact for greater good :)

      An update for you: I watched the video personally and it was clear that there was no music on it at all. The YouTube content ID system mistakenly associated the birdsong with one of our artists / labels and sent us the claim. So, of course, we have released the claim. We're not sure why the video was ID'd that way but are looking into it.

      -- Jeff

      --
      Keywords for the NSA overthrow oppressive regime true believers marathon Manhatten the financial district blueprints I
    4. Re:Reply from Rumblefish CEO... by Anonymous Coward · · Score: 0

      Before you launch a full fledged, and rather passionate by the tone of your email, assault against my company...I'd appreciate the opportunity for my team to actually look into this.

      Presumably they were already given that opportunity when he disputed the claim. So where did this come from? "All content owners have reviewed your video and confirmed their claims to some or all of its content."

    5. Re:Reply from Rumblefish CEO... by bill_mcgonigle · · Score: 2

      Presumably they were already given that opportunity when he disputed the claim. So where did this come from? "All content owners have reviewed your video and confirmed their claims to some or all of its content."

      Right, either the offending employee needs to go for abusing the YouTube system or just stark laziness, YouTube was lying to the uploader (cui bono?) , or this is SOP and the author is just blowing smoke because they've been caught.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:Reply from Rumblefish CEO... by Anonymous Coward · · Score: 0

      I'd appreciate the opportunity for my team to actually look into this.

      To me this is the whole thing - they did have the opportunity to actually look at this, and they said they owned it.

  88. Use Vimeo instead by strangeattraction · · Score: 2

    Use Vimeo instaed. Cut YouTube out of the loop

    1. Re:Use Vimeo instead by Anonymous Coward · · Score: 0

      Use Vimeo instaed. Cut YouTube out of the loop

      Vimeo doesn't work, at least for me. Unfortunately, what youtube does better than anyone is just work, even for people like me that refuse to update the flash player to avoid seeing any of the ads.

  89. Sue bluefish by darkonc · · Score: 1
    I'd sue them for copyright appropriation, and probably unjust enrichment. The video is your copyright. Using it to make money without your permission is appropriation. It would be good to turn the tables on these people. They definitely seem to have asked for it in this case.

    Note: IANAL.. You should definitely talk to a lawyer before taking this on. A class action suit is possible, if you can find more people suffering from this kind of misappropriation.

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  90. Small Claim Courts by Pirulo · · Score: 1

    Sue them in

  91. Re:Earth has l.t. 1 billion years (unless we move by Undead+Waffle · · Score: 2

    Unfortunately by the time we get the technology to move the Earth any workable plan to do so would rely on patents that make it prohibitively expensive to execute. We're pretty much screwed.

  92. Hell, Yes!:Use your political rights by hoboroadie · · Score: 1

    Contact your US senator and House members. It won't do any good, but it is very easy to do.

    Au contraire, mon frere; if your local constituent services rep,is half the ball of fire mine is, you should get results Nothing lights a fire under the drones like an actual threat to expose their sham of "service". I mention the appropriate regulatory agency early in my calls to any sort of service person and it beats all hell out of trying to go up to supervisors, &c. If threats don't do it, then a friendly inquiry from the office of the local congressman seems to settle matters nicely. They are following the path of least resistance. You've got to make doing their job correctly look like a good option.

    --
    They feared that it could be used to suppress protest or support unpopular rule.
  93. A license to screw yourself by Anonymous Coward · · Score: 0

    I just took a look at Rumbelfish's site, so if I get this right- you can purchase a license to use music from Rumbelfish.
    Youtube will identify the music as Rumbelfish's and thus advertising placed on or around that particular video will go to Rumbelfish????
    What is the point of buying a license then?? Basically you are paying them to screw you over??

  94. Bird Chirping --- property of God by Taco+Cowboy · · Score: 2

    We _do_ have laws on the book that supposed to be just - that is, whoever does the wrong thing will be punished - but then, how many times do we see the laws being applied to the RICH & POWERFUL??

    Laws - especially those news laws that were created in recent years - were created to benefit the RICH & POWERFUL - and TFA is just a case in point

    If bird chirping in the background can become the property of anyone - I say it's the property of GOD - but in this world we live in, someone always come up and takes the place of God

    In this case, Rumblefish thinks that it's God, so it claims the bird chirping as their property

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:Bird Chirping --- property of God by toruonu · · Score: 1

      If someone wants to attribute bird chirping to anyone, then they should attribute it to the birds not some magical entity. If it actually came to the claim going to GOD, then I'd like to see concrete proof from the copyright holder (and actually the existence of it...). And I doubt anyone can claim representation rights for birds therefore it's not copyrightable per se and should remain free to use. If someone can copyright bird song, then the legislation leading to it should be dumped immediately and the proposers of it made to reform it or if they don't comply simply shot.

    2. Re:Bird Chirping --- property of God by TranquilVoid · · Score: 5, Interesting

      In this case, Rumblefish thinks that it's God, so it claims the bird chirping as their property

      I think a more reasonable explanation is that their algorithm mistakenly flagged the audio track as a match, then when the poster challenged this their system automatically sent a "please listen and compare" message to the copyright holder of whichever work it is. The copyright holder has not done their due diligence (at all, it seems) and has simply clicked the "yes it is ours" button.

    3. Re:Bird Chirping --- property of God by ReverendLoki · · Score: 3, Funny

      In that case, I imagine a lot of persons and other entities that have suffered losses due to "Acts of God" will be wanting to have a word with Rumblefish and whatever monies they have managed to accumulate.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    4. Re:Bird Chirping --- property of God by Creepy · · Score: 1

      I would suspect that is the case. A tune is nearly impossible to copyright, so it should be easy to fight, especially if there are no lyrics. It is much easier to copyright a tune you've written down on paper than one that is just recorded.

    5. Re:Bird Chirping --- property of God by mcgrew · · Score: 1, Insightful

      Jesus H. Christ, can't you Dawkins-worshiping antitheists give it a goddamned rest for fuck's sake? It's old and tiresome. The GP may not even believe in god; it's a figure of speech, no different than saying "mother nature" (another deity, worshiped by Wiccans).

      I don't know who's worse, you fools who throw a fit any time anybody says the word "god" or the goddamned Jehova's Witnesses. The only differece is to avoid the JWs I just don't answer the door, but I'd have to stop reading slashdot to avoid you clowns. Give it a rest. Nobody likes evangelists.

      I'm pretty sure neither birds nor the FSM can hold copyright.

  95. They call it "birdsong", but it's hardly a song. by Anonymous Coward · · Score: 0

    There's no real tune to speak of, just a cacophony of squawks and chirrups. What a racket!

  96. It's a cost/benefit thing by Kaikopere · · Score: 2

    My guess is that this is a problem with an automated system trying to deal with roughly 800 million videos generating so many false positives that the cost of having a human look at every disputed video is cost prohibitive. Until Rumblefish sees a consequence, I doubt they're going to change their process. It's offensive to me that they don't treat other people's copyrighted works as well as they would like their client's work to be treated, but they probably see inserting ads as harmless.

    I did send both Rumblefish and YouTube an e-mail expressing my disappointment. YouTube is now removed from my ad blocker exclusion list.

    There are alternatives to YouTube : http://thenextweb.com/socialmedia/2012/02/20/5-video-sharing-alternatives-to-youtube/. YouTube/Google may see their advertisers as their customers, but you have to have a worthwhile demographic looking at the ads to make them worth anything.

    I started poking around Vimeo and was impressed. No Tosh.0 material, but quite a bit of interesting viewing. Of course the amount of content can't compare with YouTube, so I'm probably still stuck with it when I'm looking for something specific, but when you're looking for something randomly interesting it's worth a visit.

  97. Ironic by lexlthr · · Score: 1

    ...for a company that stole its name from an S.E. Hinton novel.

  98. Random? by windcask · · Score: 3, Interesting

    Sometimes I think these things are completely random. I uploaded a video of what basically amounts to Audacity-generated noise and static and I got this notice:

    Your video may include content that is owned or administered by this entity:

            Entity: Music Publishing Rights Collecting Society Content Type: Musical Composition

    1. Re:Random? by Anonymous Coward · · Score: 0

      Really? I haven't posted anything on YouTube for a long time, before the content pirates -- I mean, the film and music companies -- began their assault. But to get a warning message like that on random noise is almost unbelievable. On the other hand, what's to keep someone from claiming that random noise is their original composition?

  99. Catch 22 by Anonymous Coward · · Score: 2, Interesting

    I just had a public debate on this very topic with Anjali Malhotra, YouTube's manager for Music Content, and didn't make much headway. (see the last 5 minutes or so on http://isoc-ny.org/p2/?p=2927 ) My main gripe was that, under YouTube's current system for such disputes, since the supposedly infringed content is never identified, there is no way to make an informed counterclaim.

  100. Tired of this? by Anonymous Coward · · Score: 0

    If you're tired of all this bullcrap, join a political party that has drastic copyright reform on its agenda. THAT is really the only way. Laws don't change themselves, and they won't be changed by mainstream parties who are in bed with the content mafia.

  101. Re:Bold-faced Lies by billstewart · · Score: 0

    No, these are bold-faced lies!.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  102. Is it theft, or conversion? by billstewart · · Score: 1

    Either way, making a false claim about owning the intellectual property in order to get money from it (through Google's advertising revenue) is obviously against the law.

    On the other hand, there's the question about whether the person who posted the video gets to sue, or only the bird whose song was used in it...

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  103. Re:Random? ...or like the early spam-wars? by quist · · Score: 1

    Interesting, after listening to a bit of your noise-loop, I realized automated YouTube audio tagging is like spam fighting was in its early days -- too many misses, either way.

    Filter too much out (false positives), customers screamed "you're blocking my mail";
    filter too loosely (false negatives) customers screamed "do something, I'm buried in spam".

    Not an easy line to navigate :-/

  104. Pre-canned responses by phorm · · Score: 1

    If it's a pre-canned response, it could be something as simple as a:
    Response has a link stating "has your review determined that this video contains copyrighted material, yes/no" (or a multiple choice therein)

    Where the "yes" button response with said canned response, and somebody either clicked the wrong response.

    As somebody who has misclicked stuff on the internet before, hit CTRL+enter (or was it ALT+enter?) and prematurely blasted off a half-baked email, and many other things... it could just fall into the "crap system+dumb mistake = oh shit" type of situation.

  105. File a DMCA notice against yourself... by auzer · · Score: 1

    And then refute it. One of you has the be the copyright owner (of the video), right?

  106. i understand your pain by old+and+new+again · · Score: 5, Insightful

    i was having trouble with youtube flagging all my uploads of original live material as warner and other shitty faceless corporations properties every time i sent emails to the companies and youtube requesting the exact time of the video and infringing song after about 1000 emails, 1 got 1 reply, pointing me to an exact time in a video, so i listened to their track and the 22 seconds of my video my 22 seconds was a bass drum playing on every beat with a white noise filtered with a lowpass filter, no melody, no music (and there was nothing similar in the pointed song besides there was a kick on every beat) so i decided to test the content ID, i uploaded 15 minutes of ONLY a 909 bass drum playing on every beat (not even a 8th bar 4th beat 1/8th note, juste plain four on the floor it was flagged by 13 entities (my most flagged video ever) and they ALL confirmed their claim to my 909 playing alone while i was preparing supper that proves that: 1- the content ID system is crap 2- nobody ever listens to the content when you make a counter claim 3- youtube sides with the "record companies" and shit in their users face

    1. Re:i understand your pain by old+and+new+again · · Score: 2

      damn slashdot ignoring the formatting unless i put br's

      here it is in a readable format:

      i was having trouble with youtube flagging all my uploads of original live material as warner and other shitty faceless corporations properties


      every time i sent emails to the companies and youtube requesting the exact time of the video and infringing song


      after about 1000 emails, 1 got 1 reply, pointing me to an exact time in a video, so i listened to their track and the 22 seconds of my video


      my 22 seconds was a bass drum playing on every beat with a white noise filtered with a lowpass filter, no melody, no music (and there was nothing similar in the pointed song besides there was a kick on every beat)


      so i decided to test the content ID, i uploaded 15 minutes of ONLY a 909 bass drum playing on every beat (not even a 8th bar 4th beat 1/8th note, juste plain four on the floor


      it was flagged by 13 entities (my most flagged video ever) and they ALL confirmed their claim to my 909 playing alone while i was preparing supper


      that proves that:

      1- the content ID system is crap
      2- nobody ever listens to the content when you make a counter claim
      3- youtube sides with the "record companies" and shit in their users face

  107. Letter from Rumblefish by Anonymous Coward · · Score: 4, Interesting

    Well I contacted Rumblefish about this, and this was their reply.
    On Sun, Feb 26, 2012 at 6:50 PM, xxxxxxxxxxxxxx> wrote:

            How do you go about copyrighting sounds from nature?
            Do you have to pay royalty's to the original artist (the bird, or a babbling brook for instance)?
            If so how do you know you have the right one (in the case of the bird) or molecules (in the case of water)?
            If you are not paying the artist aren't you stealing from them?

    Hi Richard,

    You have a completely legitimate question here. How would we pay this bird...seeds perhaps?

    This was an obvious mistake by the YouTube content ID system. When we became aware of the problem, we acted quickly to release the claim. We have contacted the video creator to explain and to apologize for the mistaken attribution made by the YouTube content ID system. The whole situation is a little embarrassing and we certainly did not mean for it to happen. We just want to fix it, so we thank you for helping bring the problem to our attention.

    We are serious about paying artists (have been for 15 years), and about letting bird songs remain in the public domain. There are enough people robbing the natural environment; we want the birds to feel free to sing without copyright claims filling up their nests.

    Sincerely,

    -Ben
    ben@rumblefish.com

    1. Re:Letter from Rumblefish by Builder · · Score: 1

      So they lied to you in their reply ? Neat ... Makes me trust them all the more.

      This was NOT just a mistake by the YouTube content ID system. By their own admission, once the poster challenged the claim, it went through a further review by them. THAT would have been the time to release the video and relinquish their claim, but they chose to lie and confirm that they owned the music.

      I believe that under the terms of the DMCA, they have perjured themselves and should face legal sanction, but they won't.

  108. US Recording industry steals from me! by NewtonsLaw · · Score: 3, Interesting

    Here are my experiences with YouTube and content owners attempts to defraud me of my own original content. I posted this a week ago:

    The US recording industry is stealing from ME!

    This seems to be a big (and getting much bigger) problem with YouTube as it tries to suck-up to the big content owners in a way that is starting to seriously impact other original content creators.

  109. Not new by DnaK · · Score: 1

    I post regular gaming clips. Which i know are copyrighted works, but recently a fallout new vegas play-through of mine was nipped by a company called "IMG media UK" for visual content. Well, i made sure to check every owner of copyright associated with fallout new vegas and sure enough they have nothing to do with he game. One dispute later the claim was removed. Only to have they put the claim back after a week as if i would not notice. I file another dispute and the claim disappears yet again. I was told the companies know what they are doing in claiming your videos but most are smart enough to remove the claim if you dispute it BECAUASE of the illegal nature of the business. No, they don't think they own the copyright on your video. They just want $$$

  110. Intelligent design by Tristao · · Score: 1

    Have you stopped to consider that they might actually own the rights to bird song? What if they signed god?
    From rumblefish.com: "The basic criteria are a sizeable artist roster, both master and publishing rights available worldwide, an artist-friendly reputation and a proactive approach to collaborating."
    Artist roster - just about every major European composer ever. And every animal, of couse. And yes, I know composers are animals too.
    Publishing rights - I seem to remember that the church had exclusive rights to publish. Music or anything else.
    Artist-friendly - Sure, I'm not even going to talk about all the Michelangelos. When composers wanted money, hymns arose. I'm not too sure about the castrati thing though.
    Proactive collaboration - well, I think throughout history we've seen people inspired by god collaborate to do some pretty incredible things. Richard the Lion-heart had many fellow collaborators who went on to spread content to other markets.

    It's wouldn't be the first time that god took sides, you know?

  111. What Anon could do: by DanielRavenNest · · Score: 1

    They could go to the "powered by Rumblefish" site http://www.friendlymusic.com/#nav=Lw%3D%3D
    download their entire catalog, and make a torrent out of it.

    Not that I suggest actually doing that. That would be wrong, Almost as wrong as claiming music you don't own.

  112. Re:Earth has l.t. 1 billion years (unless we move by ADRA · · Score: 1

    That's just rediculous. Based on my projections, there will be 2 billion lawyers on earth by that point, and all they'd need to do is blow some hot air in the opposite direction to shift the earth's orbit. Problem solved!

    --
    Bye!
  113. Re:Bold-faced Lies by Anonymous Coward · · Score: 0

    That's not true!

  114. YouTube are not overly rigorous in checking... by redpola · · Score: 1

    YouTube is somewhat draconian with enforcing reparation on its users. I've been a YouTube user for years, but just recently had two takedown notices originating from a non-existent email account (I know because I politely contacted the guy to ask what the problem was and suggest maybe he'd made a mistake). YouTube accompanied this with much legalese about "three strikes and my account will be closed". WTF? After years of good standing, three takedowns from a false email address could close my YouTube account?

  115. Thank you slashdot! by eeplox · · Score: 5, Informative

    Thanks to the slashdot effect, Rumblefish has now released my video and their ads were removed! It's good to know that these intellectual property management companies are capable of doing the right thing (when a ton of public scrutiny rains down on them). I got this message in my Youtube inbox: "Hello, it's Paul Anthony...the CEO & Founder of Rumblefish. Hey there. I just personally watched the video of yours that you posted about on Slashdot where you're picking and eating a wild salad. There is clearly no music in your video and I just got off of the phone with our tech lead who I asked to release the claim that was made by the YouTube system and associated with Rumblefish. We're not sure why the song was ID'd. My apologies to you for the inconvenience that this has caused you. I'd like to help make that right for you in some way. I have been spending the last several hours responding to posts on Slashdot and emails that countless people have sent to our email addresses b/c it's important to me and the team at Rumblefish that we always do right by content creators, the ones that we represent and the ones that we do not. My apologies again and best of luck to you. If there's anything else that we can do to help make things right, please do let me know. Here's my email address: paul@rumblefish.com All the best, Paul Anthony Founder & CEO, Rumblefish Sent to: eeplox"

    1. Re:Thank you slashdot! by Alranor · · Score: 1

      "There is clearly no music in your video" vs 'All content owners have reviewed your video and confirmed their claims to some or all of its content: Entity: rumblefish; Content Type: Musical Composition.'

      That sounds pretty much like an admission of fraud to me

    2. Re:Thank you slashdot! by Anonymous Coward · · Score: 0

      He's so very, very sorry he got caught. If there's anything he can do to make this go away please please let him know.

      Hey Paul Anthony, CEO and founder of Rumblefish... How about you let everyone you've callously fucked over line up and take a turn kicking you in the nuts? That might be a good start.

    3. Re:Thank you slashdot! by eeplox · · Score: 1

      Oh, it's clearly fraud. The guy was profitting from my video until the internet backlash forced him to stop and remove the ads. This isn't over, there are a lot more people Rumblefish has done this to, and will continue to do this to, and as soon as the outcry dies down, I'm sure it'll be business as usual. Youtube's entire system seems to be designed to satisfy media companies rather than the users, which seems at odds with their slogan "Broadcast yourself". I'm going to have to scare away any birds when I make my next video so this doesn't happen again.

    4. Re:Thank you slashdot! by Anonymous Coward · · Score: 0

      Would be nice if they at least sent you a coupon for Whole Foods or something.... Maybe an actual check with a number and a couple zeros after it would be nice for yoru troubles too..... Nothing can beat a nice bit-o-cash :-)

    5. Re:Thank you slashdot! by Anonymous Coward · · Score: 0

      Wow, I never got an apology. I posted a YouTube video with a public domain piano rendition of a Scott Joplin's ragtime tune. Like Beethoven, it is pre-copyright but the orchestra or musician's rendition can be copyrighted. The rendition I used was public domain and I got a similar warning from a record label. I too responded and complaints were dropped but why the threat and "guilty till you prove yourself innocent". The automated methods used by YouTube need to be improved or at least reviewed before the threats are sent out..

      BTW
      Here is a list of open source music sources:
      http://www.yolinux.com/TUTORIALS/PublicDomainMusic.html
      but be warned, even if you are totally legal you may still get harassed.

  116. I would have posted a comment here... by Foske · · Score: 1

    But I might use some copyrighted words... Maybe thinking of comments is already copyrighted. What do you think ? Should I have posted this as AC ?

  117. In other news.. by Anonymous Coward · · Score: 0

    Since I was displaying moving images on the www in 1996, well before Youtube was ever dreampt up, I'm apparently owed $1.272E+14. Cough it up.

  118. Re:Law Firm interested in representing by TaoPhoenix · · Score: 1

    Hi there...

    Just confirming for my notes:

    "YAAL" aka You Are A Lawyer, and want to possibly represent the wronged little guy in these types of digitial property cases?

    Regards,

    --Tao

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  119. One success story by Anonymous Coward · · Score: 0

    I had a video of an amateur performance of Handel's Messiah which had adverts added. I filled in the dispute form, noting that the copyright on Messiah had likely expired with it being authored in 1741, and it seems that the adverts have been removed.

  120. How much do we give a fuck? by Anonymous Coward · · Score: 0

    None at all. YOUR business is SOLELY about flagging content and "protecting" copyrighted works.

    You have been shown to be incompetent at it.

    End of story.

  121. End copyrights? by WhyNotAskMe · · Score: 2

    I put this out to provoke discussion only. I does not represent our views, which take no stand on the questions raised below...

    Nearly every book you read, every song you sing, every poem, thesis, play, movie, dance, audio recording, painting, drawing, sculpture, photograph, radio and television broadcast, and even the software on your computer "belongs" to somebody. All our academic knowledge is locked behind paywalls. Your entire culture has been commercialized and sold to the highest bidder. Did anybody ask you if this is what you wanted?

    While copyrights may have been a workable notion at one time "To promote the Progress of ... the useful Arts", the interpretation of that has broadened to encompass almost all forms of expression written or recorded on some physical medium, utilitarian or not. This has produced a vast artificial economy that seeks to grow and perpetuate itself at the expense of the potential of modern technologies. The whole idea of parceling up the creative commons and granting monopolies on the fragments of our culture to individuals and corporations needs to be rethought.

    We have lost our way. The institutionalized Ferengi culture imposed by copyright legislation has created a hideous distortion of human values. It is an anathema to genuine human culture, which is at its base freely shared experience and expression. We must renounce this mercantile obsession with profit and trade and find our way back to innocence and truth.

    If copyrights were dismantled tomorrow, would people suddenly stop singing, writing books, or quit participating in the multitude of forms of cultural expression available? Do we need to provide financial incentives to grow our own culture? Is it heresy to ask such questions, or even useful? It certainly is useful as a thought experiment even if just to overcome the propaganda the rights groups have been feeding us all these years. Beyond that, though copyright is already enshrined in our constitutions, these rights can be pared back just as easily as they were expanded previously.

    Please see our manifesto at http://whynotaskme.org/

  122. Fight Fire with Fire by Anonymous Coward · · Score: 0

    I would love to see Rumblefish get sued for copyright violation:

    Rumble Fish (novel), a 1975 novel by S. E. Hinton; basis for the film
      Rumblefish (band), a UK pop band formed in 1986
      "Rumble Fish" (song), a 2000 song by Do As Infinity
      Rumble Fish (group), a Korean rock group
      The Rumble Fish, a 2004 2D fighting video game
      "Rumble Fish," a 1993 song by Desert Hearts
      "Rumble Fish," a 1999 song by Sevendust from the album Home
      "Rumblefish," a 2000 song by Bonnie Pink from the album Let Go

    The best way to win is fight fire with fire, everytime Joe Schmoe goes to upload something he should post it to the EFF or to a newly formed Community Copyright Group that is essence will copyright individual owners music for them and hold it in a repository. They then put in their license terms for using, listening to or any derivitive works that it is fine for personal use only and that any corporate or commercial use is strictly prohibited and will be prosecuted to the full extent of the law. Then when one of these corporations steal the music, video or pictures they are in violation of the same laws they pushed for and lobbied for. Once they get several tastes of their own medicine by losing multimillion dollar court battles it would put an end to the B.S.

  123. Pity, but.. by ausrob · · Score: 1

    All your bases are belong to us.

  124. Called it! by GameboyRMH · · Score: 2

    My psychic comedy powers fortell the future once more!

    http://slashdot.org/comments.pl?sid=2682747&cid=39109183

    No but seriously any corporation can claim ownership of anything on Youtube. I could write, perform and record an original song, and some sleazebag could claim ownership of it, present ads over it, and make money from it, and I could go pound sand unless I want to (and have the money and time to) lawyer up. That's why I'll never upload anything to Youtube, Tribler is better as it is uncontrollable, in fact I've just decided that I'm going to close my YouTube account.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  125. Fuck you, you are the problem by Anonymous Coward · · Score: 0

    You keep working for and apologizing for lying assholes who think they own everything with musical notes in it.

    On behalf of myself and all other musicians everywhere, fuck you!

  126. New Rumblefish business plan by wye43 · · Score: 1

    Well lets do the math:
    1 Trilion copyrights infrigers (birds on earth)
    X
    10 000 infrigement counts per infriger (songs by a bird during its lifetime)
    X
    1 USD per infrigement
    =
    1 million billions USD

    That's losses endured by Rumblefish because of birds. Looks like suing the birds is a sound(hah!) business plan.

    1. Re:New Rumblefish business plan by wye43 · · Score: 1

      Not to mention that amount of money could solve the global economy crisis.
      Ok ok, I'll go ...

  127. Simple solution by wye43 · · Score: 1

    No lawsuits required:

    1. Falsely report copyright infringements on YouTube for tons of videos (especially popular ones). If the posters dispute it, dispute them back.
    2. Make more accounts, report a shit load more bogus infringements
    3A. Profit for you. Push it until it tilts into 3B.
    3B. YouTube bans all your accounts, they realize their system is not working and change it so this cannot be abused anymore. Everybody wins, you are a hero and you also made tons of money.

    As a charming side effect, Ramblefish's trolling Youboob business model is out the window. This is not a problem in any way. Its a pure win-win...-win situation.

  128. world by Anonymous Coward · · Score: 0

    Do you know the classic sci-fi movie premise where the protagonist wakes to find himself in some alternate dimension where some evil doer either uses time travel or some other almost magical ability to seize power and corrupt the world, except the whole time you're watching it you're thinking that this is too ridiculous to actually happen in real life?
    Yeah, that's the world we live in.

  129. Sauce for the Goose by DickBreath · · Score: 1

    Sauce for the goose is sauce for the gander.

    If there is a statutory damage of $150,000 per copyright infringement, then there should similarly be such a statutory damage cause of action for a false DMCA takedown, whether automated or not.

    --

    I'll see your senator, and I'll raise you two judges.
  130. Your message has been sent by MadJeff451 · · Score: 1

    On Mon, Feb 27, 2012 at 8:49 AM, *********** wrote:

    I'm sure this email will be read and responded to by an automated system, as apparently automated systems handle most customer-facing touch-points at Rumblefish.

    Let me mention a few keywords that your text-mining software might include in the next monthly report as a word cloud that a human looks at for a few seconds before deciding everything is hunky dory:

    idiocy
    greed
    repugnant
    careless
    bullying

    Great job! Does your system recognize sarcasm?

    - MadJeff

  131. Now THAT'S a bold-faced lie by melikamp · · Score: 1

    This face is not bold.

    1. Re:Now THAT'S a bold-faced lie by mooingyak · · Score: 1

      nicely done.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    2. Re:Now THAT'S a bold-faced lie by Anonymous Coward · · Score: 0

      This lie is not boldfaced.

  132. -1 misguided by alexo · · Score: 1

    Copyright is STRICTLY for the benefit of society.

    I have yet to see a single scientific study (sound methodology, peer reviewed) that found any sort of benefit to society from copyright.

    Copyright is instituted by your feudal overlords solely for the benefit of their peers.

  133. Re:Send this story to your elected representatives by alexo · · Score: 1

    ... as a clear example of why SOPA and PIPA would have been a disaster for the Internet.

    s/would have been/will be/

    Do you really think those provisions will not eventually pass?

  134. Tsk, tsk!. The +5 is undeserved. by Anonymous Coward · · Score: 0

    Complete bold-faced lie.

    No. The following is a complete bold-faced lie:

    "You, AC, are an incredibly handsome, freakishly well-hung, unimaginably virile, fabulously wealthy genius and all women want to bear your offspring."

    The following is a complete bald-faced lie:

    "All content owners have reviewed your video and confirmed their claims to some or all of its content."

    Regards,

    P.E. Dant

  135. Possibly the only thing Stalin got right by gelfling · · Score: 1

    Was to exterminate all the people like the RIAA.

  136. How to make your video legal... by pyrothebouncer · · Score: 0

    I ran into the issue of "illegal" submissions and searched how to make them legal.
    First, delete the video in question and re-upload it. Tiresome I'm sure, but it will be worth it in the end.
    Second, when they try to claim copyright of your birdsongs, dispute the claim that even if the content is somehow copyrighted, that you are using the content under fair use of copyright law. To do that, be sure to include this text:
    This video is fair use under U.S. Copyright law because it is (1) noncommercial, (2) transformative in nature, and (3) does not compete with the original work and can not have negative effects on its market.


    Or, just contact a lawyer and sue their stupid boldfaced lying socks off.

    --
    Mumble mumble mum....
  137. That's brutal! Don't poke them w the soft cushion! by Anonymous Coward · · Score: 0

    Email them and let them know that as a potential customer and citizen you find their behavior unacceptable.

    Holy shit that's brutal! As long as you don't poke them with the soft cushion!

    When are people going to get it through their thick heads that the only way to stop these slime-fuckers is to starve them to death (or shoot them dead), not wave you dirty hankies at them!

    You can starve all these fuckers at once by making sure that not one red cent of your money ever goes to them. If enough people care enough to do that, the fuckers will die and the world can once again experience progress.

    Until then, enjoy the servitude.

  138. youtube don't give a crap by Anonymous Coward · · Score: 0

    this is another frivolous lawsuit that in court would hold absolutely ZERO weight.. you CAN NOT copyright something found in nature. also if you really want to dispute it have them go over the birds singing note for note. if its not the same they have no right.. though in this case they are having their money talk for them. yes youtube halfway cares what its users think, however, screwing 1 or 2 users over in their eyes won't drive any of their users away. they figure in a week all will be forgotten (and are probably right) and everyone will move on while this guy remains screwed

    1. Re:youtube don't give a crap by Anonymous Coward · · Score: 0

      ok read the post and not the comments. but my point still stands. and it looks like some of these companies are just looking at specific users and flagging everything hoping to strike gold. this is not how things should be run but unfortunately corporate greed and the money the hoard controls a majority of the system.. Corporations, the new majority, actual real human beings with blood running through their veins are now the minority. screw black white yellow grey green or any other skin color, unless you can make money out of it (next currency leather backs, instead of green backs, made from our own skin)

  139. WTF?? by Anonymous Coward · · Score: 0

    So this means that all songbirds are infringing on rumblefish's infringement of their own birdsongs?

  140. DMCA Give You The Power To Sue Them by Anonymous Coward · · Score: 0

    DMCA:

    17 U.S.C. 512(f) Misrepresentations. – Any person who knowingly materially misrepresents under this section —
    (1) that material or activity is infringing, or
    (2) that material or activity was removed or disabled by mistake or misidentification,
    shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

  141. Re:Bold-faced Lies by Tetsujin · · Score: 1

    No, these are bold-faced lies!.

    But if you said that you are lying, then that statement is a lie, which means you speak the truth. But if you speak the truth then you are lying. But you cannot be lying because that would mean you speak the truth... ERROR -- ERROR -- NORMAN, PLEASE ASSIST....

    --
    Bow-ties are cool.
  142. Yes, it belongs to Roger Waters by karlandtanya · · Score: 1

    OK, there were mammals, too.

    His birdsong sounded just like some of the birds in the copyrighted work, so it infringes. Doesn't matter he didn't actually "copy" it.
    Oh. They sound NOTHING alike. Well, he got the idea from Waters. Both had birds in them.
    (how much is this lawyer costing you? we can do this aaaalll day.)

    Crap. You're not going away? He's on contingency, isn't he. No, don't bother the judge; you win. You created the work; It's all yours.
    Now, let me get out my producer/director/publisher calculator...You owe us $165,387.23 in promotional expenses.
    You have 30 days to pay, then we start with liens & collections.

    With warmest regards,
    FYPM & Co.

    --
    "Reality is that which, when you stop believing in it, doesn't go away." - Philip K. Dick
  143. Re:Law Firm interested in representing by mpoulton · · Score: 1

    Absolutely, but with one hiccup: my Arizona bar admission is pending. Our other two partners, Ben Kafka and Karen Poulton, are admitted to practice in a total of seven states collectively. Karen is our senior partner and has been litigating for over 20 years. Ben and I are fresh out of law school, both geeks, and interested in tackling technology-related cases that most firms may not understand or wish to pursue. For strong copyright cases with available statutory damages, we would consider contingency fee arrangements. General contact address: PK at poultonkafka dot com

    --
    I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
  144. Updates by peatbakke · · Score: 4, Informative

    Hey all,

    There's a lot of threads here and on other places, hopefully this sheds some light on the claim process, and what happened with eeplox's video.

    Here's the sequence, as best as I understand it:

    - eeplox posted a video to YouTube that contained bird sounds.
    - The automated YouTube content identification system mistakenly assigned it to one of the tracks in our catalog.
    - eeplox contested the automated claim, which sent it into the manual review queue.
    - One of our reviewers reinstated the claim, which triggered the response eeplox received and posted above.

    When we heard about the story on Slashdot, we reviewed the video and released it.

    TL;DR: We messed up during the manual review process. We've cleared eeplox's video. We're working on fixing the manual review process.

    I'm here in the discussion to answer what questions we can. We're not interested in screwing over independent musicians and video creators, and we want to be as open as possible about what's going on.

    If you run into content claim issues with our catalog on YouTube, you're welcome to contact us directly at YouTubeContentID@rumblefish.com. We have a FAQ about the process here: http://rumblefish.com/id/youtube-content-id.php

    Paul Anthony (the CEO) has an AMA thread over at Reddit where he's answering questions. http://www.reddit.com/r/IAmA/comments/q7via/im_the_ceo_of_rumblefish_i_guess_were_the_newest/

    Thanks,
    -Peat

    1. Re:Updates by Taco+Cowboy · · Score: 1

      When we heard about the story on Slashdot, we reviewed the video and released it

      Someone here has said this before, but I'll repeat it here so you get to read it ---

      You don't get to "release" any thing that you do not own

      If I wrote a program from scratch, I get the full right to release it to the public

      If I copied a file containing a program written by others, I do not get any right to release it

      Same thing apply to a drawing, a song, a painting, a design, a photograph, and so on

      --
      Muchas Gracias, Señor Edward Snowden !
    2. Re:Updates by peatbakke · · Score: 1

      By "release" I mean "to drop the claim against the video in question via the YouTube Content Management System." It's a specific action that needed to be taken with the claim tool, not a statement about releasing in the sense you're talking about. Forgive the colloquialism?

  145. Ruwblefish Content ID by Anonymous Coward · · Score: 0

    While his first alarmed me I decided to check these guys out.

    From their website:
    http://rumblefish.com/id/youtube-content-id.php

    Basically says the content is yours, you own it.

    I also notice they license soundtracks. Like a stock photo company does but for sounds.

    Their program detected the bird song with a sound clip in their catalog and flagged it.

    That doesn't sound right but what gets me is the monetizing of the video. If it's his recording of birds with Rumblefish ads on it, he should totally collect on it.

    And if that happens we should give the video a lot of hits.

  146. Even better by Anonymous Coward · · Score: 0

    Youtube should run Rumblefishes' video's with ads and give the proceeds to eeplox for the next five years or so.

  147. And now, for a song ! "Sue the Birds !" by cbelt3 · · Score: 1

    Sung to the copyrighted tune of "Feed the Birds". Extra points for Julie Andrews class voices.....

    (These lyrics are lovingly given away for free as a public service an are in the public domain by me, their author)

    Early each day on the steps of the Courthouse
    The little old lawyer comes
    In his own special way to the people he calls
    Come buy my bags full of briefs
    Come sue the little birds
    Show them your greed
    And you be glad if you do
    Their young ones are too fat
    Their nests all need stripping
    All it takes is a lawsuit from you---u

    Sue the birds, a million a chirp
    million, million, million a chirp

    Sue the birds, that's what he cries
    while overhead, bird guano fills the skies

    All around the courthouse the judges and bailiffs
    look down as he sells his wares
    although you can't see it
    you know they are frowning
    each time someone shows his gre--ed

  148. Rumblefish PR by Anonymous Coward · · Score: 1

    I'd never heard of Runblefish before. Now I know exactly one thing about them - they lied about owning bird songs.

  149. Bad "quiet" assumptions... by slew · · Score: 1

    The problem is likely the "quiet assumption" built in to this automation.

    Basically all of these automated identification techniques take mathematical transforms on segments of audio and video and map them down to a lower dimensional space and do some sort classification in that space. The problem is usually in the assumptions built into said classifer. Built in to most typical audio/video classifiers is the quiet assumption that the audio (or video) MUST match one owned by one of the participating copyright holders. All the classifer does is pick the "nearest" one (only when there's really no possible nearby match at all do most classifier algorithms give up). This assumption ignores the basic problem that the amount of copyrighted audio is a small fraction of all audio. Does their classifier fail the "null hypothesis" test?

    No doubt google^W youtube is well aware of this problem is with the assumption, but will argue that they have to "tune" their classifer to make sure there are fewer false negatives to satisfy their corporate overlords. They will argue that the copyright infringers are really employing guerilla tactics (like hiding/blending into the population) and they are justified in burning down the villages to ferret the copyright infringers out. The problem with this quiet assumption is that the copyright holder that is identified really has no incentive to actually verify anything since they can always blame google^W youtube if in error, but if nobody complains the get money. Google^W youtube is the merc in this story. Guilty until proved innocent, the grand jury is backlogged and the trial docket is totally full. Blackwater^W Xe^W google^W youtube paid to do the dirtywork. Rumblefish make the weapons. That's basically a rigged system.

    Technology likely offers a way to help with false positives, but I doubt anyone at google^W youtube really cares at all. When the money keeps coming in, everyone keeps thier mouths shut.

  150. Get authorization from the birds by Anonymous Coward · · Score: 0

    Take it to court, with a claim that you got authorization from the content creators to use their creation in your video. If need be, you can get a statement, written in legalese, with a footprint of a bird where a signature is supposed to be, and submit it to them. If they bellyache, take it to court.

  151. Good night by Anonymous Coward · · Score: 0

    Its impossible to to reason with Rumblefish, a rain of shit from ./ got their attention - but it does not change the fact that Rumblefish is irrelevant.

    There is still no recourse for people similar a situation - we got empty promise that they will "fix" something.

    It will be good to see these guys sink into their own pile of bull crap.

  152. Those thieving varmint birds ;-) by Anonymous Coward · · Score: 0

    Post about this here:

    http://ow.ly/9jd43

  153. Contact Company? by Anonymous Coward · · Score: 0

    Did you contact Rumblefish about it?
    Questions about music licensing: licensing@rumblefish.com

    Just a thought since you didn't specifically mention it one way or the other.
    It might just be YouTube's screw up.

    Peace to you and yours,
    Matthew "Dra'Gon" Stohler

  154. Woops by Anonymous Coward · · Score: 0

    a fart video soundtrack claimed by Justin Bieber ?

  155. Abime des oiseaux by Anonymous Coward · · Score: 0

    Olivier Messiaen is spinning in his grave.

  156. Blow Hards by Anonymous Coward · · Score: 0

    Find their Corperate worth and sue them for 10X that amount. Bring it to court and laugh when you own their company and they still owe you money. Than take their company and sell it for $3 to a friend and have fun watching the CEO lose all of his money .

  157. Klepto Business Name by Anonymous Coward · · Score: 0

    I think the fact that this company borrows its name from a 1983 movie by Francis Ford Coppola tells us everything about their fitness to act on the virtues of intellectual property protection. Talk to me when you have a name of your pwn.

  158. Re:Cornell Lab of Ornithology has birdsong recordi by Anonymous Coward · · Score: 0

    If someone patented the idea of recording a bird song

    No no no no, you don't patent ideas.

    If someone patented the process of recording a bird song

    Would be a more acceptable wording.

  159. Re:Profit & Fraud! by Anonymous Coward · · Score: 0

    It more than sux when some moron tries to copyright birdsong. While it's possible to copyright an audio recording of a collection of birdsong. The copyright only protects the 'CD' (that specific recording of the song) as a whole, It is NOT possible to copyright the actual birdsong since it's an act of nature. It's like saying that anyone that took a picture of the sunset tonight is in violation of my copyright which is a photo of the same sunset. Rumblefish, by enforcing such a copyright and collecting monitory damages from this enforcement is therefore committing fraud. As an architect of said system, you are therefore accomplice for a criminal act?

    Are you still sure you wish to defend this system? Perhaps a little more due diligence is in order. No?

  160. Let them know what you think! by goto11 · · Score: 1

    It appears as is RumbleFish has disabled the contact link on their website. Use this email address instead to let them know what you think:
    YouTubeContentID@rumblefish.com

    --
    Why don't you just make 10 louder and make 10 be the top number...and make that a little louder?
  161. Re:Cornell Lab of Ornithology has birdsong recordi by truedfx · · Score: 1

    You're absolutely correct in that ideas are not patentable, but your suggested change no longer makes the point I was trying to make. It's conceivable that someone might come up with a patent-worthy new process of recording a bird song. The patenting of the idea or concept of recording bird songs was meant to be absurd.

  162. SCREW RUMBLEFISH! by Anonymous Coward · · Score: 0

    EVERYONE!!!!! Please follow the steps outlined below:

    Open up your e-mail client.
    Start a new message.
    In the To: Field type licensing@rumblefish.com, developers@rumblefish.com, and info@rumblefish.com

    Now comes the fun part...type your message showing how much you dislike bullshit like this. They can ignore my 1 message....they cannot ignore a million messages!!!

  163. Oh, there's recourse alright. It's just unpleasant by LrdDimwit · · Score: 1

    If they're actually claiming birdsong is copyrighted to them, then that is either a lie or a statement made with gross disregard for the truth. And it (the takedown notice) is a false statement made for the purpose of negatively impacting your reputation (accusing you of illegal activity), that in fact did negatively impact your reputation (Google believed them) and the result of which is they gained real money.

    IANAL, but in most jurisdictions, this is called libel, and it's highly likely you can sue Rumblefish for it. But that would be an awful lot of work for very little money - the cost of the lawyer would far eclipse what you could get. However, just the act of having a lawyer send them a threatening letter might be enough.

  164. It is no longer funny by Anonymous Coward · · Score: 0

    This is not the way Google and Youtube became so popular and loved by everyone!!!!
    This is too bad, and it is no longer funny
    YOUTUBE AND GOOGLE IS NO LONGER FUNNY!!!!!

  165. interesting by Anonymous Coward · · Score: 0

    Don't have a dog in this fight - have never been on youtube except when linked there from another site and thought "rumblefish" was a (one of many) really bad John Travolta movie.

    With that said: It appears to me that the CEO and engineer from rumblefish are making a sincere effort to resolve an ongoing problem as well as the immediate problem, and many of you commenting are rude, juvenile assholes who weren't spanked enough as children.

    Flame away!

  166. Re:Random? ...or like the early spam-wars? by yurtinus · · Score: 1

    Doesn't the Gmail spam filtering rely partially on crowd sourcing (users clicking the "this is spam" button)? Could make a decent Master's thesis to implement something similar for non-text media...

    --
    +1 Disagree
  167. What about al the other people who's stories don't by ToddInSF · · Score: 1

    make it to SD ?

    "It's automated" isn't an excuse, it's a business plan.

    Brilliant business plan though, profiting off ads for content that isn't even yours.

  168. No wonder :-) by Anonymous Coward · · Score: 0

    The PI number contains every finite text or music or picture encoded in it.

  169. can you really copyright...? by gtcodave · · Score: 1

    can you really copyright something purely natural like a birdsong, or fur, or a frog's 'ribbit', or a waterfall? I know that back in 1999 American corps wwere patenting our genes. little to say some people were a walking infringment and lawsuit as were their children. would be nice for the 'little man' to one day get his own back

    --
    -- David
  170. All's well that ends well... by Anonymous Coward · · Score: 0

    I've enjoyed reading this thread and I agree with the fundamental unfairness of the situation (which appears to have been resolved.) I would just like to make two observations...

    1. The amount of money created from "ad revenue" from a single video on You Tube is pennies. As stupid and absurd as this situation is, there is no such thing as a "perfect" system. From what I can gather, Rumblefish is not an "evil" corporation. They made a mistake and they fixed it. I doubt that Rumblefish are in the business making false claims. It would seem that they actually provide a service that benefits individual musicians.

    2. Copyright protection actually benefits all artists, myself incuded. There are very few laws that do. Abolishing copyright protection would hurt artists far more than corporations.

    3. If we disqualified people from posting to this thread because they violated someone else's copyrights (let use pirating music or software as an example), I wonder how many people would be left to post? Some of the posts here could benefit from a little generosity and human kindness. I'm sure I'll get flamed for this post, but that will just prove my point.

    1. Re:All's well that ends well... by PortHaven · · Score: 1

      1. a) Actually it can be thousands of dollars when the videos go viral.

      1. b) Rumblefish is an evil entity that is part of a cartel that has done it's best to price-gouge and rip off consumers and artists alike. Destroyed the public domain. Repeatedly broken their own rules when it benefits them. How is that NOT evil?

      2. Copyright in it's present form provides a modicum of benefit. And if copyright is further extended to perpetual length as planned. One would be able to create a recording featuring every order of notes. Copyright it. And argue they own all music every made from this point on. No, technology isn't at the point to do that now...but one day it will be.

      3. Sorry, having been ripped off. Having had hundreds of dollars of investment made worthless. And lost countless hours due to copyrights. I'll say you are utterly wrong.

      Seriously, have you tried working with music you actually have bought and paid for on electronics devices? Heck, DRM and crap like iTunes causes so much headaches and often losses of data it's not even funny.

      So no, seriously, RIAA needs to be bulldozed and put out of business. They're an extinct business model kept alive only by bribing a corrupt political system.

  171. Re:Law Firm interested in representing by TaoPhoenix · · Score: 1

    Warning! Wall of Post Coming! Don't hurt me mods!

    ----
    Hooray for Friendly Tech-Friendly Lawyers (Rare Species Lawyerus Friendlius!)

    Do firms form "Liasons" to cringes at the Biz Speak coming up "Synergize" efforts across a whole field of practice? I feel that one of the problems
    "We on the Defense" from atrocities likes the slew of copyright bills face is that all 150 of the opponents are camping out in the same 20 bars and
    official rooms planning strategy and patting backs leaving us stuck without a corresponding network Have you folks heard about New York
    Country Lawyer? He's been quieter lately while working on his cases directly but he's been one of our resident 's on these topics for a long
    time now So just suppose your 7 states don't include New York does it make sense to form a coalition on these topics? "Okay 50 state action
    needed PoultonKafka?" "Yep We have states 1 through 7" "Nice BeckermanLegal?" "Here with New York and any other states"

    I saw this article a little while ago:
    http://coupmediaorg/internet/google-new-privacy-policy-challenged-by-36-state-attorney-generals-2302

      Hulk "That's a lot of Attorney Generals Don't make them angry You wouldn't like it when that many AG's get angry" /Hulk

    Here is an old list I made of your fellow 's along with a fragment of their "Proof Statement" Take with Pi Grains of Salt etc
    (I kept hitting the Lameness Filter. Assume each of these folks had "IAAL" on a post.)
    SPYvSPY
    ari_j
    debrain
    sampson7
    DavidBrown
    Jim Tyre
    Yoshi Have Big Tail
    Zordak
    mbstone
    wrecked
    conlaw
    caitsith01
    crrkrieger
    Dusabre
    Legal Penguin
    apc
    siliconbunny
    locker1776
    tambo
    judmarc
    Chuut-Riit
    ninewands
    calbanese
    Macadamizer
    Darth_Foo
    buelba

    cpt kangarooski Authentication borrowed from Ars Technica"Tribus: This and all my posts are in the public domain I am a lawyer I am not your

    lawyer and this is not legal advice"

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  172. Looking for a lawyer by eeplox · · Score: 1
    The worst thing about this whole thing is that they took my property away from me to put their ads on it, denying me ownership of my own creative work and forcing my viewers to view ads for products I have no interest in being associated with. Ads from which they profited.

    They've made no attempt to return the profits they made from my work. It's worse than stealing, because not only did they take my creative property that I provided freely to the Internet, but they commercialized it and sold it and turned it into their commodity, and I was powerless to do anything about it. They only reversed their decision about maintaining ownership of my video when the public outcry forced them to go into damage control mode, after making an unknown sum of money off of me.

    If a lawyer wants to represent me (I can't pay you), then please contact me on my youtube channel. I have a feeling that the moment the publicity dies down, they'll fall right back into their old tricks.

    http://www.youtube.com/user/eeplox

  173. The laws were not written for you or me by Taco+Cowboy · · Score: 1

    Remember one thing, the laws were not written for common folks like you or me

    The laws were written by rich and powerful people to protect their fellow rich and powerful peers

    In this day and age, there is no protection for common folks what-so-ever, not online, and not offline

    --
    Muchas Gracias, Señor Edward Snowden !