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NASA's Own Video of Curiosity Landing Crashes Into a DMCA Takedown

derekmead writes "NASA's livestream coverage of the Curiosity rover's landing on Mars was practically as flawless as the landing itself. But NASA couldn't prepare for everything. An hour or so after Curiosity's 1.31 a.m. EST landing in Gale Crater,the space agency's main YouTube channel had posted a 13-minute excerpt of the stream. Ten minutes later, the video was gone, replaced with the message: 'This video contains content from Scripps Local News, who has blocked it on copyright grounds. Sorry about that.' That is to say, a NASA-made video posted on NASA's official YouTube channel, documenting the landing of a $2.5 billion Mars rover mission paid for with public taxpayer money, was blocked by YouTube because of a copyright claim by a private news service."

34 of 597 comments (clear)

  1. Unintended Consequences? Unfortunately - Not! by TXISDude · · Score: 5, Insightful

    This is what happens when you automate things and accept all claims as true. Sad thing is, "the industry" will say this is a small price to pay, and NASA being a government agency will not pursue it. This needs to be a wakeup call before we allow ISP's to monitor and police everything - there needs to be a human in the loop to fix these issues - and timely, not is days or weeks, but with the same SLA as the automated system. Right now, it is almost like the recording industry is calling the shots and everyone is guilty unless they prove they are not infringing. In the US, shouldn't the system be the other way around?

    --
    Hope is the worst of evils, for it prolongs the torment of man. -- Friedrich Nietzsche
    1. Re:Unintended Consequences? Unfortunately - Not! by girlintraining · · Score: 5, Informative

      So you're advocating that the only way for the laws to better reflect the "people" as opposed to corporations is for a civil uprising resulting in murder of the "ruling" class?

      When you make peaceful protest impossible, you make violent revolution inevitable. There is a massive power imbalance, and the police overwhelmingly support corporations. Protesters are routinely disappeared in this country, or held on phoney charges, etc. When US Bank had protesters out front, they literally hooked up the hoses and power sprayed away the sin for weeks at a go... in a public square... all to keep the protesters from having a place to congregate near their headquarters. The "routine cleaning" that went on for weeks stopped at the next city hall meeting, when they passed a resolution in secret forbidding protest in the public meeting area, paid for by US tax dollars, as in on public property. The next morning, the protesters showed up and were promptly shoved into a dozen police SWAT vans and taken away, held for weeks without charge. The entire affair was later revealed to have been supported by the Department of Homeland Security, who labeled the protesters potential domestic terrorists and persons of interest.

      When you have this kind of overbearing police response at the request of a corporation, with full cooperation from all levels of government, what option do you realistically think the people have for peaceful recourse? The Constitution provided that "the right of the people to peacefully assemble shall not be infringed," not just because it's necessary to the efficient running of a democratic state, but because as long as people feel their concerns are being heard (even if nothing is done), they're very unlikely to become violent. People become violent when they're isolated.

      Having places for public protest is essential to the national security of this country. Without it, people's anger and emotion builds until it finds a violent release. We're nearing the high-water mark of violence; Our society goes through cycles of violence on a 50 year mark. In 4 years, we hit that high water mark again. If we don't give activists the space they need to non-violently protest, then (statistically) there's a very high probability that we'll experience high levels of politically-motivated violence by individuals acting alone or in small groups. In short, our anti-terrorism initatives are leading to a perfect storm of conditions to create terrorism.

      I don't want violence; I've seen more than enough to last me many lifetimes. But not everyone shares that view; Some people think a certain level of violence is acceptable and many of them work for the government. They're going to get a lot of people hurt and killed. There's a simple, proven method of avoiding this: Public meetings. That's something our police are dead-set on preventing.

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    2. Re:Unintended Consequences? Unfortunately - Not! by Sloppy · · Score: 5, Informative

      Youtube MUST restore your video, else they will be guilty of a criminal act (under the DMCA).

      That is wrong. You need to read DMCA again more carefully (in terms of what its procedures are describing, not the details of those procedures), and then also think about how youtube works, from human labor perspective.

      DMCA or not, there are no conditions under which youtube is required to host someone's video. Counter-notices do not create any new hosting requirements for them that they previously wouldn't have had. Youtube could restore the video after getting a counter-notice from NASA, and then they would be absolved of liability to the TV station. But they certainly aren't required to host the video after a counter-notice.

      Youtube, like any other host or ISP, is free to immediately "fold" after receiving a notice, without ever bothering to do all the expensive stuff like forwarding notices and dealing with counter-notices. DMCA just assumes that hosts would do such a thing, in the cause of customer service, since the people's whose content would be getting blocked, would presumably be paying the hosts and the hosts would want to continue to collect that money. But when users aren't customers, the forces that make hosts want to do that, are very weak.

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      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  2. Re:shut Scripps down for 24 hours by Anonymous Coward · · Score: 5, Insightful

    This. There needs to start being a penalty for false accusations, or they might as well accuse everyone at all times, because hey, what's there to lose?

  3. There is a $500 fine for this by scorp1us · · Score: 5, Insightful

    There is a provision that for fraudulent DMCA take-down that there is a penalty of $500. We should increase this to $50,000 immediately to prevent future abuses.

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    1. Re:There is a $500 fine for this by mr_lizard13 · · Score: 5, Interesting

      $500 for private individuals. 10% of global turnover for incorporated companies. Seems fair.

      --
      "We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
    2. Re:There is a $500 fine for this by klingens · · Score: 5, Interesting

      This is especially warranted since this is not the first time these Scripps people did this: http://www.fidosysop.org/4460/04/scripps-local-news-removing-nasa-videos-from-youtube/
      Last April, Scripps did the same thing with the video of space shuttle Discovery's last voyage to the Smithsonian.
      One time is an accident, 2 times is malice and should be acted upon

    3. Re:There is a $500 fine for this by TheGratefulNet · · Score: 5, Funny

      "smithers, fetch my change purse."

      "all I have with me today is a $100k bill. can you make change?"

      --

      --
      "It is now safe to switch off your computer."
  4. Scrpps Media Company by Anonymous Coward · · Score: 5, Informative

    I know Ohio is boring and all but if they want the attention: http://www.scripps.com/heritage/contact-us

  5. awesome publicity for public awareness by v1 · · Score: 5, Insightful

    "Innocent until proven guilty" is a legal thing. This is more of a corporate thing, and when it's the coprs vs the people, it works the other way around, "guilty until proven innocent". (and then "guilty again after you prove your innocence, rinse and repeat")

    It'd be quite entertaining if Scripps Local News did this entirely on purpose, to raise awareness of the abusability of these procedures. Heck, I'd like to see them do what the **RA like to do. NASA file a counterclaim and get it back, Scripps file another notice, repeat that a few times and watch Youtube auto-suspend NASA's youtube account for three abuse claims. (doesn't matter if they are reversed, three claims is all it takes) That would generate some AWESOME publicity!

    --
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    1. Re:awesome publicity for public awareness by cpu6502 · · Score: 5, Interesting

      It seems more-likely that Scripps contracted with Youtube to automatically have any content removed that has an "audio signature" which matches Scripps own uploaded videos. In other words, no people involved.

      I've heard radio host Alex Jones complain about this. Some corporation (CBS Radio if I recall correctly) has contracted a DJ for their national news starting in 2011. However they claim ownership of ALL recordings by that DJ, both present and past. So youtube is automatically removing all videos of said DJ, including interviews on Jones' show from ten years ago. There's no person involved... just a computer doing automatic filtering & automatic takedowns.

      --
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    2. Re:awesome publicity for public awareness by Hatta · · Score: 5, Insightful

      Nobody is "guilty" here. All that NASA (or anybody else) needs to do is reply to the DMCA takedown request with this response: "This material does not infringe upon anybody's copyright."

      The organization who misrepresented their ownership of the file is guilty of perjury. The chances of those criminals being punished are negligible. Is that not a problem?

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    3. Re:awesome publicity for public awareness by pixelpusher220 · · Score: 5, Interesting

      The DMCA's "It has to be taken down right now!" policy

      without any ability to stop the takedown prior to its execution is fundamentally unconstitutional.

      Charged with a 'criminal act and prosecuted' is better because you can get the damn case thrown out 'with prejudice' and get your expenses paid when the person claiming copyright is 'wrong'.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    4. Re:awesome publicity for public awareness by FatAlb3rt · · Score: 5, Insightful

      Cool - how about we play the game, just in different terms? Anyone is allowed to kick you in the nuts. But after said kick, you have the option to say "hey, I don't like being kicked in the nuts, please don't do that again." From that point forward, that person is no longer allowed to kick you again, unless they want a fight on their hands. Sounds fair, right?

    5. Re:awesome publicity for public awareness by Anonymous Coward · · Score: 5, Funny

      And, if you get kicked in the nuts three times or more, even if every time you asked not to be kicked again, Google castrates you. Yep, totally fair.

    6. Re:awesome publicity for public awareness by N0Man74 · · Score: 5, Interesting

      I've heard similar stories. I remember seeing a story about a couple of guys who made a YouTube video. This Tonight Show decided to replay this video during their ending credits. Apparently an automated system detected the original YouTube video as matching the content from the NBC footage, and was automatically taken down.

      It's absurdity...

      And that is without even considering that detecting a small segment of the NBC broadcast is considered infringement would be considered infringement (and not fair use), while NBC broadcasting the complete video created by someone else was not.

    7. Re:awesome publicity for public awareness by Anonymous Coward · · Score: 5, Insightful

      Who gives a shit? For all I care he can believe the moon is made out of cheese. If a man can't otherwise lawfully put out content that he owns (i.e. a radio show) without having to deal with false claims of infringement and red tape, to me that's a problem worth addressing.

    8. Re:awesome publicity for public awareness by Anonymous Coward · · Score: 5, Insightful

      While your comment is indeed +5 Insightful. It is also off topic since no company filed a complaint, the video was caught by a over zealous automated system.

      It was indeed a company that filed the complaint, their name is right there in the message that the video is blocked by.... That they let a over zealous automated system file complaints on their behalf does not absolve them from being responsible.

    9. Re:awesome publicity for public awareness by durrr · · Score: 5, Funny

      What do I have to do to get automated takedown acess? There's a few million videos I don't like.

    10. Re:awesome publicity for public awareness by ffflala · · Score: 5, Informative

      To make that even more clear: in the context of DMCA takedown notices, it's only perjury if you lie (or are "mistaken") about who you are and who you represent. It's not perjury if you lie or "mistakenly" file an inaccurate takedown notice.

    11. Re:awesome publicity for public awareness by Anonymous Coward · · Score: 5, Informative

      This isn't DMCA. YouTube offers "preferred" content owners automated detection of content, with automated takedown or applying forced advertising to the content, with diversion of revenues to the claimed content owner.

      This "going way beyond DMCA" is one of the reasons why YouTube are still going despite rampant copyright infringement, and why megaupload (despite abiding by DMCA to the letter) are defunct.

      A similar sort of thing has happened to me. I had a funny video, which a local TV channel ran on their show (without permission). They then posted their show on YouTube. As a preferred customer, YouTube took their clip and used it as a reference for an "infringing material" search; unsurprsingly, as my video was the source, it triggered a match, and the revenue on my video was seized. I also got a warning that I was at risk of losing ALL my advertising revenue irrevocably, if I continued to upload "infringing" material.

      I appealed the match, but all this meant was that YouTube simply ask the purported "owner" for a manual match. They claimed that they had watched both videos and agreed that they matched, and that was all YouTube wanted. As far as YT were concerned, the appeal had been lost, and the decision was final.

      So, I made a DMCA claim on YouTube against the TV channel. Nothing happened. Zip. Nada. In the end, I removed the video, as I'd rather no one got the advertising revenue from my work, than someone who had copied it from me in the first place.

  6. So what? by Anonymous Coward · · Score: 5, Informative

    Just see it on Nasa's site: http://www.nasa.gov/multimedia/videogallery/index.html?media_id=149933921

    1. Re:So what? by uigrad_2000 · · Score: 5, Insightful

      This seems to be the most important comment on here so far.

      We have NASA that uses taxpayer money for servers, but people shy away from their website because it is unfamiliar.

      So, NASA sends it to a private company that hosts webcam videos for free, and that private company puts ads at the beginning of the video, and ads in popup windows over the video. You would think no one would use the version with ads all over, but people like what is familiar, so it gets lots of views.

      Then, since it is subject to takedown notices (the same way as your hot neighbor's webcam is), some partner in Youtube's giant network requests it to come down, and it goes down with no questions asked. These takedowns happen all the time, and rarely are DMCA takedowns, regardless of what the text may say. Basically, any one that pays Google enough can become a "trusted partner" and tell them which free videos should be removed.

      Youtube is perfect for sharing thousands of hours of crap when you have no other platform for sharing your video. It's like today's equivalent of Geocities. It's not the proper place for hosting important content from NASA. If you choose to use Youtube (or Geocities) to find NASA content, you my get lucky and find what you are looking for, but if so, it's just lucky coincidence.

      TL;DR: Not News.

      --
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  7. Re:Copyright violations by Trepidity · · Score: 5, Informative

    So if NASA releases footage of something that is public domain (paid for by your tax dollars) then if, say, NBC, replays that footage and adds a logo in the lower right corner... NBC can then sue you if you save that footage to your harddrive.

    This area isn't actually that clear. You probably cannot rebroadcast the version that has NBC's logo on it, but not because this footage has been re-copyrighted by the addition of the logo. Rather, it's just that the logo itself is copyrighted, and you can't broadcast that. You can, however, remove the logo and broadcast NBC's version of the public-domain footage sans logo. Assuming, at least that they broadcast essentially the original PD video, and have not made any other changes sufficiently creative to produce a new copyright.

    I'm not sure if it's been litigated with film, but in the art world, that was litigated in Bridgeman Art Library v. Corel Corp. , which found that scanning a public-domain artwork does not make your scan copyrighted. So I don't believe simply rebroadcasting NASA footage creates a new copyrighted version of the footage. Maybe if you do some creative editing, then that specific sequence of cuts is copyrighted.

  8. Close to home. by Anonymous Coward · · Score: 5, Interesting

    I operate a youtube channel with just over 100,000 subscribers. I almost had my account permanently suspended when several of my government produced, copyright-free videos of 1940s military footage were flagged by some no-name spanish news station. These videos were converted directly from library archive originals. My only saving grace was one of my subscribers was a lower end employee of Google at the time and was able to contact the right people.

    What would have happened to me had I not been so lucky?

  9. Re:shut Scripps down for 24 hours by budgenator · · Score: 5, Interesting

    Actually I was thinking along the same lines, IANAL but it occurred to me that Copyright law gives entities the right to control the copying of a work, a false take-down notice infringes on the copyright holder's right to control the distribution of a work, and since NASA is a US government agency it does not hold the copyright but passes it to the public domain, or to "We The People". Perhaps we should fine a good shyster and have him file a class action against scripts for infringing on the copyright of "We The People", a quarter of a million dollars times 300 million people, should get their attention.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  10. Henry the VI, Act IV, Scene II by Jeremiah+Cornelius · · Score: 5, Insightful

    "The first thing we do, let's kill all the lawyers".

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:Henry the VI, Act IV, Scene II by Anonymous Coward · · Score: 5, Informative

      "The first thing we do, let's kill all the lawyers".

      That's as a prelude to abusing people's rights. So, be careful what you ask for - because you just might get it.

    2. Re:Henry the VI, Act IV, Scene II by History's+Coming+To · · Score: 5, Insightful

      "Let's kill all the lawyers, let's kill 'em tonight." ~The Eagles, 'Get Over It'

      The problem is that YouTube is very big and they have a lot of copyright infringements. They have to respond "in a timely manner" to copyright claims, so there are two ways to do it: automate everything to a great degree, knowing that non-justified takedowns will sometimes occur, or hire an army of people to do it with Eyeball 1.0. Option 1 is cheaper, so guess what?

      Solution: Automate the "Nope, this isn't copyright" process too. If you have a video taken down you can put it back up and the case is referred to a real person. The company/person who was in the wrong then has to pay $100 to the person who dealt with it. Problem solved.

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    3. Re:Henry the VI, Act IV, Scene II by Anonymous Coward · · Score: 5, Insightful

      >>>"The first thing we do, let's kill all the lawyers".

      >>That's as a prelude to abusing people's rights. So, be careful what you ask for - because you just might get it.

      >Mod parent Informative. Let's stop using this oft-abused out-of-context quote from Shakespeare.

      Often abused by lawyers, anyway. They like to claim that Shakespeare meant that that killing lawyers was a prelude to the Apocalypse, rather than something that -- as attractive as it might sound -- will never happen. Let's look at the quote in context:

      CADE: Be brave, then; for your captain is brave, and vows
              reformation. There shall be in England seven
              halfpenny loaves sold for a penny: the three-hooped
              pot; shall have ten hoops and I will make it felony
              to drink small beer: all the realm shall be in
              common; and in Cheapside shall my palfrey go to
              grass: and when I am king, as king I will be,--

      ALL: God save your majesty!

      CADE: I thank you, good people: there shall be no money;
              all shall eat and drink on my score; and I will
              apparel them all in one livery, that they may agree
              like brothers and worship me their lord.

      DICK: The first thing we do, let's kill all the lawyers.

      CADE: Nay, that I mean to do. Is not this a lamentable
              thing, that of the skin of an innocent lamb should
              be made parchment? that parchment, being scribbled
              o'er, should undo a man? Some say the bee stings:
              but I say, 'tis the bee's wax; for I did but seal
              once to a thing, and I was never mine own man
              since. How now! who's there?

      Now, is Shakespeare claiming that "seven halfpenny loaves sold for a penny" should scare the socks off of people? What about "the three-hooped
              pot shall have ten hoops"? No? What about the lack of money, or being fed and clothed by the "king"? Why is it that "Let's kill all the lawyers" is the one jarring piece of reality in a farcical back and forth?

      No, Lawyers like to twist the meaning, because they hate having people agree with it. Better for them to point out that one might as well wish for the moon to be edible cheese as to wish for the removal of lawyers, something that Shakespeare did recognize.

  11. The was not a DMCA takedown. by Anonymous Coward · · Score: 5, Informative

    This was the result of YouTube's Content ID. Scripps is a media partner with Google. All of their uploads are "protected" by the Content ID system. NASA released the video to the news outlets, Scripps published it on YouTube before NASA did. When NASA did upload it, it was already in the system from the Scripps uploaded and was automacticlly flagged.

    No DMCA claim was filed, it was all automatic. Maybe the Scripps employee the posted it could have tagged the video to prevent this, I don't know.

    The problem is a result of Google trying to police copyright, not with a company filing a complaint.

  12. It's NOT Henry the VI, Act IV, Scene II today by Anonymous Coward · · Score: 5, Insightful

    No... let's keep using it, but let's use it in our OWN context, where we MEAN let's kill all the lawyers, because we have OTHER reasons than did Shakespeare's character, because OUR lawyers have basically hamstrung our society, crippled our technology, retarded our advancement, and saddled us with more bad law than good law.

  13. Actually... by Anonymous Coward · · Score: 5, Insightful

    ...when you assume that a short string of words Shakespeare (or whoever) wrote down once can only be used in the manner he used it -- even if uttered verbatim -- it is you who look like a pretentious idiot.

    Language is what we make it, as we use it. That's its nature. Were it not that way, we would all be constrained to meaning what characters in sitcoms meant when they mouthed phrases we use every day.

    Language is living -- but Shakespeare's particular use is relevant only within his art.

    So I repeat, with literal meaning, and not because lawyers are good:

    First thing we do, let's kill all the lawyers.

    Note the lack of quotes -- bitch.

  14. Uh, yeah by Safety+Cap · · Score: 5, Insightful

    The penalty for them is much less than the street justice penalty they want to hand out.

    You do have real evidence for this, right?

    This isn't one of those "Fox 'News' says Islamists want to kill me in my sleep so I better vote for Romney or everyone I know will get their heads cut off" knee-jerk fear of the other taken to the logical absurd end, right?

    --
    Yeah, right.