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Ask Slashdot: How To Fight Copyright Violations With DMCA?

szyzyg writes "I've created some popular science videos showing how asteroid discoveries have happened over the last few decades. However I've run into a problem with a religious organization which borrowed my video and redubbed it to promote their religious message. Ultimately I filed a DMCA takedown request via YouTube's site, it's as easy as filling in a form and the video was removed. But this organization has since submitted a counterclaim claiming 'under penalty of perjury' that they do in fact have the rights to this work, and YouTube has reinstated the video. It looks like the only way I can pursue this further is to spend the money to take the organization to court and get an injunction, but even if I did so I'd have to pay court costs up front and since they're based in another country I'd have a difficult time actually collecting any money from the other party. It feels like this other group is simply gambling that I won't spend the time and resources to take further legal action, the DMCA is supposed to provide equal protection but the more lawyer you have the more 'equal' you are. So does anyone have any suggestions for how I should proceed here?"

455 comments

  1. The DMCA by santax · · Score: 5, Insightful

    Doesn't mean shit outside the USA. Thank God.

    1. Re:The DMCA by Anonymous Coward · · Score: 0

      Doesn't mean shit outside the USA. Thank God.

      Uh, then from a "WWW" standpoint, let me be the first to re-iterate...what the fuck is the point then.

    2. Re:The DMCA by blind+biker · · Score: 2

      The DMCA Doesn't mean shit outside the USA.

      Fuck yeah!

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    3. Re:The DMCA by girlintraining · · Score: 5, Insightful

      Doesn't mean shit outside the USA. Thank God.

      Unfortunately, the USA doesn't care about inconveniences like sovereignty of a foreign nation. And you better not complain, or we'll bring Democracy to your country too. We've been very busy creating new treaties to expand DMCA-like law to other countries, building up extradition, and creating extrajudicial process to punish people who commit acts considered criminal in our country but not theirs. At the same time, we've been withdrawing from treaties that restrict the diplomatic rights and sovereignties of others, for the benefit of our military-industrialist complex. Ask Julian Assange how that works sometime... that is, if you can get him out of his new permanent jail in the Ecudorian apartme--er, embassy.

      --
      #fuckbeta #iamslashdot #dicemustdie
    4. Re:The DMCA by Anonymous Coward · · Score: 0

      Erm.... I believe that the United States now holds the copyright on all endorsements from God. I've filled the appropriate paperwork with slashdot. Should we be forced to escalate, I can only pray that Jesus has mercy on your allied to the US soul.

    5. Re:The DMCA by Anonymous Coward · · Score: 0

      Durka allah. Durka durka muhammad jihad.

      http://www.youtube.com/watch?v=qxrjHkZHurU

      http://www.youtube.com/watch?v=1q4IUhWTlis&t=1m

      More DMCA takedowns inbound, i'm sure.

    6. Re:The DMCA by PolygamousRanchKid+ · · Score: 4, Funny

      Doesn't mean shit outside the USA.

      . . . except in New Zealand. Ask Kim Tarquin Fin-tim-lin-bin-whin-bim-lim-bus-stop-F'tang-F'tang-Olé-Biscuitbarrel-slash-dot-com.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    7. Re:The DMCA by Anonymous Coward · · Score: 0

      Yup. If it was me and I cared. Really, you need to learn to not care about this stuff. It's bad for you. If I did care, I'd sue in small claims court and win by default. Then I'd take that judgment to YouTube and tell them DMCA safe harbor is no longer safe. That's the cheapest route and you could do it without a lawyer. You'll never collect anything.

    8. Re:The DMCA by readandburn · · Score: 5, Funny

      Should that be:
      D oesn't
      M ean
      C rap
      A nyway
      outside of the USA?

    9. Re:The DMCA by Patch86 · · Score: 4, Informative

      Seeing as YouTube is a US site, I'm thinking it still "means shit" in this guy's case.

    10. Re:The DMCA by Anonymous Coward · · Score: 0

      Ooo me too. Am I doing it right?
      http://www.youtube.com/watch?v=R2ySHSTEzjQ

      Seriously though, you wanna stop a war? Get the ones on the right to do a youtube spoof on Call Me Maybe. That shit would spread like wildfire. Public support for a war would evaporate.

    11. Re:The DMCA by Anonymous Coward · · Score: 0

      The DMCA might not, but copyright still does.

    12. Re:The DMCA by Anonymous Coward · · Score: 0

      Well if it did at least he would have an easy redress for their blatant copyright infringement.... /ducks

    13. Re:The DMCA by Anonymous Coward · · Score: 0

      Doesn't mean shit outside the USA. Thank God.

      God has nothing to do with it. Just common sense prevailing.

    14. Re:The DMCA by poetmatt · · Score: 1, Redundant

      Thinking the DMCA has anything to do with copyright violations is also a poor idea. So you DMCA someone's video, and they put it up again. End result = nothing.

      If you want to stop something you're ok with, first step is not DMCA - it's to ask nicely.

    15. Re:The DMCA by Anonymous Coward · · Score: 2, Informative

      The point is to uphold national laws within the national borders. The internet on the other hand is a global playground, and no one country's laws control it.

      Which is exactly the point of the internet.

    16. Re:The DMCA by detritus. · · Score: 0

      I don't know who modded you offtopic, but your post is very relevant to this thread.
      The article submitter is trying to assert DMCA protections to other countries, a law that has enflamed the Slashdot community since its inception.
      Yet, we have one of the founders of the Pirate Bay who never shared a single file or posted copyrighted content now detained in Sweden after being found guilty for aiding in copyright infringement (getting him extradited was on completely different grounds). So the logic should be, if the argument is to hold them accountable, why not go after Youtube?

    17. Re:The DMCA by mwvdlee · · Score: 1

      Either it's relevant, in which case the next step would be to sue.
      Or it's irrelevant, in which case the next step would be to sue.

      Luckily they are not based in america, so chances are that sueing them in their own country would be cheaper to begin with and they may even be liable for all your expenses if found guilty. Do a quick study of their country's laws (or higher a specialized lawyer), then decide whether it's worth the risk to sue.

      --
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    18. Re:The DMCA by Anonymous Coward · · Score: 0

      Asking nicely works less often than you may think.

      We wouldn't have the legal system if that were the case.

    19. Re:The DMCA by cusco · · Score: 5, Insightful

      If you watch the video in question you'd rather quickly realize that 'asking nicely' isn't going to do any good. They've rather blatantly taken his work, which very clearly refers to new asteroids discovered because of improved detection , and made it into an apocalyptic scare video where the asteroids are appearing out of nowhere to threaten Earth. From 8000 asteroids known in 1980 to the 300000+ known today, they want the audience to believe that they are massing for some kind of cataclysmic attack. Not anyone likely to listen to a request 'asked nicely'.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    20. Re:The DMCA by KGIII · · Score: 2

      Probably because YouTube has the money to defend themselves in court. I also wonder when they'll start charging knife dealers for armed robbery.

      --
      "So long and thanks for all the fish."
    21. Re:The DMCA by Hatta · · Score: 4, Insightful

      Unfortunately, the USA doesn't care about inconveniences like sovereignty of a foreign nation.

      Doubly unfortunately, they'll only project their laws across borders if you're a billion dollar corporation.

      --
      Give me Classic Slashdot or give me death!
    22. Re:The DMCA by hoggoth · · Score: 5, Insightful

      Yes, they are clearly crazy and stupid. So make a new video mocking them! The more outrageous the better. Use their own stupidity in your video. Find out what other crazy beliefs they hold and promote and include those. You may have noticed that John Stewart and Sarah Silverman get more views than some wrinkled prune screaming about the apocalypse.

      Or have a contest to see who can make the funnier mocking video. Let us all in on the fun!

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    23. Re:The DMCA by cpt+kangarooski · · Score: 5, Funny

      Wait, how do we know that they aren't massing for an attack? In fact, ordinary terrestrial rocks may in fact be fifth columnists! We could be in tremendous danger.

      I suggest we panic.

      --
      -- 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.
    24. Re:The DMCA by Joce640k · · Score: 3, Interesting

      'under penalty of perjury'

      So...what's the penalty for perjury in the USA? Doesn't that change it from a civil to a criminal case?

      --
      No sig today...
    25. Re:The DMCA by Anonymous Coward · · Score: 1

      Or simply bury them.

      Find out who they are, get an address and verify it is actually the person/s responsible--Then EVERY Slashdot user subscribes to just one scientific-based magazine using that address. Ordering pizza and having it sent there is bonus points.

      CAPTCHA: bugled

    26. Re:The DMCA by wbr1 · · Score: 3, Insightful

      Not only this, but if they have their own (actuall thiers) vids, remake and crappyify them and pots them as video responses on thier channel.

      --
      Silence is a state of mime.
    27. Re:The DMCA by Anonymous Coward · · Score: 1

      This! This a million fold. Please consider taking the civilised approach of fighting disinformation with information. Using copyright as a civil censorship law, even as the "little guy", will earn you little love here.

    28. Re:The DMCA by budgenator · · Score: 4, Informative

      The DMCA has worked the way it was intended; he filed the claim with Youtube, Youtube took down the video and notified the poster of the take-down complain, then the poster counter-claimed. After the counter-claim it's up to the courts

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    29. Re:The DMCA by Anonymous Coward · · Score: 0

      Remember, DONT'T PANIC, and never forget your towel.

    30. Re:The DMCA by Anonymous Coward · · Score: 0

      That post is a load of nonsense in a thin wrapper of DMCA. Really, what does Assange have to do with it? Nothing. The Military Industrial Complex? Nothing. The fact that diplomacy is going on to establish treaties contradicts one of the main assertions. The only thing that made it popular is the button pushing, not the facts, not the logic. It is pitiful that anyone thinks there is actual insight in that rant.

    31. Re:The DMCA by Seumas · · Score: 1

      Tell that to KimDotCom.

      Or TPB guys.

    32. Re:The DMCA by budgenator · · Score: 1

      After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on YouTube. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material. Copyright counter-notifications

      The way I'm reading this is if he files suit in the US for copyright infringement; gets a restraining order youtube takes the video down for good. He got their addresses from the counter-claim, send a summons via certified mail, go to court and get a default judgement easy-peasy.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    33. Re:The DMCA by Anonymous Coward · · Score: 0

      And thankfully your now in decline... enjoy those fema camps.

    34. Re:The DMCA by drkim · · Score: 1

      The DMCA might not, but copyright still does.

      Yes, and if you watch their video, your copyright notice with your name pops up at the beginning (as well as your I.D.)

      Seems like you could send Youtube a screenie of that, and a scan of your I.D., and say, "I'm this guy, and I did NOT give them permission."

    35. Re:The DMCA by _4rkain3 · · Score: 1

      Doubly unfortunately, they'll only project their laws across borders if you're a billion dollar corporation.

      Or the equivalent of a billion dollar corporation.

    36. Re:The DMCA by detritus. · · Score: 1

      You're getting your people mixed up. What does Assange have to do with the Pirate Bay? Wrong extradition, dude.

    37. Re:The DMCA by Anonymous Coward · · Score: 0

      Find their compound and make an artificial asteroid strike into it - a small 15 kiloton nuclear device ought to suffice, they get the end they sought, he gets his video protected, the rest of the world gets a laugh.

      Win-Win-Win...

    38. Re:The DMCA by Anonymous Coward · · Score: 0

      Funny, but OP's video is pure comedy gold. These morons think the asteroids just started appearing in 1980. Skip to 4:38 "1980 is when asteroids began to gather around the Eart" This has meme written all over it. "All your base are belong to us" level shit. I'm so glad this can't be DMCA'ed. This is beyond hilarious :-D

    39. Re:The DMCA by hairyfeet · · Score: 2

      The royal bitch is we have more than enough evidence to prove Google knew BEFORE they bought YouTube that it was nothing but a video version of TPB or Grokster, there are even emails from the Google Video guys saying "We can't host that stuff, nearly every video on their site is infringing"...yet they bought it anyway.

      Read the emails and you'll see there is one set of laws for large megacorps like Google, another for the little guys. hell the emails from the YouTube guys to each other were basically "Build the shit out of the userbase and sell it to a sucker and bail before the lawsuits hit" only by selling to Google the lawsuits never showed up.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    40. Re:The DMCA by Nemyst · · Score: 1, Funny

      Don't panic. You got your towel right?

    41. Re:The DMCA by Anonymous Coward · · Score: 0

      Counter strike the m*th*rf*ck*rs.

      Since you OWN it,
      make your own counter claim,
      and strike down those *ssholes.

      Send them a claim form. How much does it cost you when they violate it?
      Can the RIAA come to your rescue? Doubt it.

      Start an anti-campaign right away.

    42. Re:The DMCA by Anonymous Coward · · Score: 0

      Ok. the comments are speaking for you.

      Now make a f*ck you video.
      Intersperse their video with
      both your counter claims and

      "YOU WILL ROT IN HELL/HADES and no virgins!"
      Call them anti-muslem.

    43. Re:The DMCA by Ghaoth · · Score: 1

      It all seems to be a non issue. Those that are interested in the real science will view the original video. Those that wish to believe in apocalyptic mumbo jumbo will watch the other video and probably, never the twain shall meet. Anything published on the Internet, Youtube or other, is subject to public use and abuse. Good people don't need laws. Bad people break laws.

      --
      Nos Morituri te salutamus
    44. Re:The DMCA by Anonymous Coward · · Score: 0

      Not since the USA started getting agreements around the world for countries to honour them via ACTA

    45. Re:The DMCA by Anonymous Coward · · Score: 0

      Ask Julian Assange how that works sometime

      Hey, Julian, how does it work when you try to disguise your fleeing prosecution for rape in some ludicrous conspiracy theory?

    46. Re:The DMCA by Anonymous Coward · · Score: 0

      Unfortunately, the USA doesn't care about inconveniences like sovereignty of a foreign nation.

      Citation needed.

      How about the cyber attacks on facilities in the middle east?
      Or for something more concrete; the assassination of Osama Bin Laden.

    47. Re:The DMCA by DarwinSurvivor · · Score: 1

      Not if the uploader (the one who counter-claimed) is outside the US (which they are). He won't be suing youtube, he'll be suing the church.

    48. Re:The DMCA by Anonymous Coward · · Score: 0

      and post it as a video comment to their you tube video :-D

    49. Re:The DMCA by Anonymous Coward · · Score: 0

      Contact the EFF and see if you can get them interested in bring pressure on these folks.

    50. Re:The DMCA by bluefoxlucid · · Score: 1

      Rocks are fine, it's the trees tha' are oot ta get ye.

    51. Re:The DMCA by JasterBobaMereel · · Score: 1

      They seem to be based in Turkey, this is the country that refused to extradite the ex-Iraqi Vice President...so good luck with that ...

      --
      Puteulanus fenestra mortis
    52. Re:The DMCA by buglista · · Score: 1

      No, but I know where it is.

    53. Re:The DMCA by icebraining · · Score: 1

      Oh, please. Youtube gives complete control to the copyright holders to the point that even bird sounds are blocked, while TPB replies with satirizing emails. Is it really surprising that the latter got sued to the ground while the former didn't?

    54. Re:The DMCA by Bill+Hayden · · Score: 1

      Yes, they are clearly crazy and stupid. So make a new video mocking them!

      "Them" is probably a lone, teenaged troll in his basement. He not only won't care about your mocking, he'll probably get a thrill that you responded to his troll.

      --
      Protect your browser with the Force Safe Search add-on
    55. Re:The DMCA by icebraining · · Score: 1

      How were TPB guys sued under the DMCA? DMCA != copyright.

    56. Re:The DMCA by Zontar_Thing_From_Ve · · Score: 1

      Unfortunately, the USA doesn't care about inconveniences like sovereignty of a foreign nation.

      I'm American and I'm honest enough to admit that such comments are deserved. However, let's not pretend here that only the USA does this. Various EU countries have had court rulings that try to impose domestic laws across international boundaries. France and Italy come to mind as having has various court rulings that essentially try to impose local laws on US businesses in every country in the planet just because those business happen to also operate in France and Italy. Those attempts by those countries have only been successful locally by the way, but that hasn't stopped their judges one bit from arguing that national laws need to apply to every country where foreign owned business operate, just because they happen to have offices in France and Italy. I'm sure that there are other countries that similar claims can be made for. Let's also mention how China is aggressively pursuing rather dubious territorial claims in southeast Asia right now that push their sea boundary almost up to the beaches of a rather large number of sovereign countries in the region. Speaking of China, a Chinese consulate in the USA recently appealed to a US mayor to get a mural removed that was legally painted on private property in Portland, Oregon and expresses a pro-Tibet sentiment. The mayor was not amused. So complaints are certainly fair, but please spare me the hypocritical argument that only the US does this.

    57. Re:The DMCA by Anonymous Coward · · Score: 0

      Go check out aluigi.org, he's got a whole string of correspondence up from an Italian lawyer for Gamespy telling him he's liable under the DMCA for providing exploits and documentation on the gamespy protocol, despite being under ITALIAN not AMERICAN jurisdiction. He's still up and the material is still there, so I'm pretty sure it was BS, but dayum. That lawyer must have balls of gold to have tried playing that.

    58. Re:The DMCA by hoggoth · · Score: 1

      That lone teenage troll has a pretty big legal team, from the looks of all the lawsuits he has initiated. Or haven't you been following this thread?

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    59. Re:The DMCA by krsmav · · Score: 1

      Just make sure the Prophet Mohammed isn't mentioned.

    60. Re:The DMCA by Anonymous Coward · · Score: 0

      I thought it was
      D on't
      M ess with
      C orporate
      A merica!

    61. Re:The DMCA by Urza9814 · · Score: 1

      But the video is posted on Youtube, a US site. So while he may not be able to go after a foreign entity for infringement, he should certainly be able to legally require Youtube to remove the video

      Whether I personally would or would not agree to this course of action is a different matter entirely -- and one that I cannot answer right now, as I don't really want to view these at work.

    62. Re:The DMCA by Anonymous Coward · · Score: 0

      I reccomend that OP visits 4chan and asks them to be his private army.

      not bloody likely, but then again, they also have more success against teenaged trolls in basements than anybody else on the internet.

    63. Re:The DMCA by Anonymous Coward · · Score: 0

      Or maybe do this on John Stewart.

        That would get it a good audience and also be great fun for all.

    64. Re:The DMCA by hoggoth · · Score: 1

      You've clearly got better connections than I, Anonymous Coward!

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    65. Re:The DMCA by Anonymous Coward · · Score: 0

      You don't seem to understand what the DMCA safe harbor provision does. YouTube does not need any money to defend themselves in court here. By removing access to the video and notifying the poster of the video, YouTube has removed any liability they would otherwise have had. By the poster counter-claiming, it is them that is liable for any copyright infringement, not YouTube. YouTube is now safely within the scope of the DMCA's safe harbor provision even when they enabled access to the video again. YouTube no longer has any liability and hence no requirement for defending themselves in court for this matter.

    66. Re:The DMCA by Anonymous Coward · · Score: 0

      When in trouble, when in doubt: run in circles, scream and shout.

    67. Re:The DMCA by mike4ty4 · · Score: 1

      However, you should note that he didn't say *ONLY* the USA did it. He just said the USA does it. Not that it's the *ONLY* offender in that regard.

    68. Re:The DMCA by hairyfeet · · Score: 1

      Uhhh..didn't bother to actually READ the link, did you? Because if you did you'd see the original owners of youTube laugh and talk about how they needed to drive users and then sell out before the lawsuits, you'd have read the head of Google video say "We can't compete because all of YouTube's stuff is pirated" and you'd read how the head of Google video had made a system so that the corps could find and remove their stuff easily but youTube put in the ability to have "private" videos that got around the filters.

      So why not try reading the actual link, there is literally dozens of pages of emails and chat logs listing quite clearly what was going on and still is, also links to the various ongoing lawsuits Google has against it for snatching other people's stuff.

      --
      ACs don't waste your time replying, your posts are never seen by me.
  2. That's the way the cookie crumbles by stinerman · · Score: 1

    If they're in another country, it's hard to get them to pay anything in a civil case, DMCA or otherwise. I don't know what to tell you other than "talk to a lawyer".

    1. Re:That's the way the cookie crumbles by stevelinton · · Score: 1

      You tube however is in your country. Can you get seek an injunction on them to takedown the video based on the fact you can prove the other side is perjuring itself.

    2. Re:That's the way the cookie crumbles by 0dugo0 · · Score: 1

      Depends a lot on what that other country is. Signatory to Hague convention or not etc.. It might even be cheaper and simpler than getting your money in the US.

    3. Re:That's the way the cookie crumbles by Z00L00K · · Score: 4, Interesting

      If everybody reading this goes in and makes a dislike of that video and others of that so called religion then at least we made a statement.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    4. Re:That's the way the cookie crumbles by szyzyg · · Score: 3, Insightful

      Yes, but that would cost money, and while I could probably get damages It would be practically impossible to collect on them.

    5. Re:That's the way the cookie crumbles by morcego · · Score: 1

      This seems like an open and shut case to me. Can't you get a public defendant (or prosecutor, in this case) to do this ? I really don't think you need a private lawyer. (Not really sure what public defendant/prosecutors can and can't do in the US).

      --
      morcego
    6. Re:That's the way the cookie crumbles by stevedog · · Score: 1

      I don't know if they can issue injunctions, but often people will represent themselves in small claims court. Especially since the opposing party would almost certainly not show up, you would have an essentially guaranteed successful case without even having to hardly argue your case. Perhaps this could get you legal action while minimizing the cost?

    7. Re:That's the way the cookie crumbles by devleopard · · Score: 3, Insightful

      Public defenders are for those accused of criminal acts. This is a civil case. So no, the OP can't spend tax payer dollars to enforce their copyright.

      However, you might be thinking of finding a copyright friendly attorney to do it pro bono, it which case there's no limitations.

      --
      The best thing about a boolean is even if you are wrong, you are only off by a bit.
    8. Re:That's the way the cookie crumbles by aitikin · · Score: 1

      I don't believe small claims courts have the authority to make injunctions, but IANAL. That being said, talk to a lawyer friend or a paralegal or someone like that, and check. If you can get an injunction based off of small claims, than certainly go that route.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    9. Re:That's the way the cookie crumbles by morcego · · Score: 1

      But doesn't the "perjury" part make it criminal ?

      --
      morcego
    10. Re:That's the way the cookie crumbles by Ironchew · · Score: 1

      If everybody reading this goes in and makes a dislike of that video and others of that so called religion then at least we made a statement.

      A statement too easily reversed if the uploader just decides to disable comments and voting.

    11. Re:That's the way the cookie crumbles by nekad · · Score: 1

      I agree. This is the proper way to make a statement, although it is also one of the few instances where I think using the DMCA is justified. Had this organization simply reposted the original video, I would say leave it alone. By dubbing it, they crossed the line.

    12. Re:That's the way the cookie crumbles by man_of_mr_e · · Score: 4, Insightful

      Yes, but you would have to get a prosecutor to take the case. Unlikely they will prosecute a religious organization for perjury when they are in a different country.

    13. Re:That's the way the cookie crumbles by RDW · · Score: 4, Informative

      Yes, but that would cost money, and while I could probably get damages It would be practically impossible to collect on them.

      And possibly easier said than done, given this guy's previous form:

      "When Dawkins publicly lampooned the research in the Atlas of Creation (he pointed out that one of the photos of a Caddis Fly was in fact a fishing fly, complete with metal hook, stolen from the internet, pictured), and labelled Yahya a charlatan on his website, Yahya used his considerable influence and battalion of lawyers to sue for libel and have Dawkins's website banned in Turkey. This is just one of thousands of cases he has brought before the Turkish courts."

      Lots more here, including lurid claims about blackmail and sex parties:

      http://newhumanist.org.uk/2131

    14. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      I'd be careful with that tack.
      You've seen what's happened to folks who publicly disparage a certain religion -- or at least what has happened to folks associated with the countries in which disrespect has been perpetrated against a certain religion -- or to organizations that might have some loose affiliation to a country in which disrespect may have been directed towards a certain religion.

      Short version: disrespect these guys and they might kill someone you don't know.

    15. Re:That's the way the cookie crumbles by caballew · · Score: 5, Interesting

      Depends on the local jurisdiction whether they can issue an injunction. The good news is that Adnan Oktar aka Harun Yahya probably will not answer a complaint in a local small claims court therefore you would win a default judgment of up to $5,000 or more (amount depends on jurisdiction) which would be all that YouTube would need to take it down and you could also try to seize any advertising funds generated (if any) by YouTube on behalf of Harun Yahya. Plus it might be sufficient cause to get the YouTube user banned since they submitted an affidavit under threat of perjury that they were entitled to use video.

      Downsides: 1) They could answer charge and have it dismissed in favor of moving it to a Federal court. 2) Filing fee of ~ $50 (amount depends on jurisdiction)

      But then I've always like tilting at windmills.

      Another idea is that maybe they have done this numerous times and it involved 5 or more people then maybe you could sue under RICO statutes which might entice a lawyer working on a percentage basis to take the case. Then again, my "limited knowledge" of the RICO statutes make me believe it is under utilized by private citizens which leads me to wonder if I know just enough to sound ignorant.

    16. Re:That's the way the cookie crumbles by Psyborgue · · Score: 1

      But it's an Islamic guy's channel who copied his video in the first place. A pretty famous Islamic guy who makes a living arguing against evolution and in favor of a version of the Islamic story of creation. It would be obvious it wasn't him,

    17. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      Did my part, also flagged for abuse.

    18. Re:That's the way the cookie crumbles by dj245 · · Score: 1

      If everybody reading this goes in and makes a dislike of that video and others of that so called religion then at least we made a statement.

      Why stop there? Youtube has a "flagging" system to flag for different kinds of abuse.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    19. Re:That's the way the cookie crumbles by icebike · · Score: 1

      Yes, but that would cost money, and while I could probably get damages It would be practically impossible to collect on them.

      Just let it go.

      So what if they use your video with their own message, anyone searching for your subject matter won't find theirs and will find yours instead.

      Further, since your's is only 3 minutes, and theirs is 5 and mostly composed of their bullshit, using only a small part of your video (over and over again) they may well believe they are within the boundaries of fair use. (Comedic parody comes to mind).

      However, if you want to fight it....
      They probably have no more money than you do to pursue this.
      The next step under the DMCA is to file suit. Once you have evidence of a lawsuit file, you can have YouTube take it down permanantly pending the outcome of the case.
        Preparation legal fees probably amount to some small amount of lawyer fees (mostly rubber stamped document preparation) in some obscure court where you can pay some small lawyer office to go to court on the appointed day and win a summary judgement by default because these clowns will not show up. Shop around to neighborhood lawyers and you will find one hungry enough to do the paper work for you. They don't have to be good, or experienced, because these clowns are not going to show up or even answer your suit.

      --
      Sig Battery depleted. Reverting to safe mode.
    20. Re:That's the way the cookie crumbles by Joe+Decker · · Score: 2

      There is no federal small claims court. Copyright law is federal. Roughly speaking, this poster is f'd.

    21. Re:That's the way the cookie crumbles by AK+Marc · · Score: 1

      That's the best way. Small Claims court is a really good thing. File against them. Request a ruling on ownership of copyright. They'll likely not show, and you'll win, and you can then show that to Google, and YouTube would have to take it down forever. And if they put it (or anything else) up again, you can claim ownership and show your win against them, and that would likely be sufficient to ban them from YouTube for a while, though would be a little perjury on your part.

    22. Re:That's the way the cookie crumbles by Entrope · · Score: 1

      Only federal courts have subject matter jurisdiction over copyright claims, so no small claims (or other state) court will hear such a case. Federal courts also have a $75,000 threshold for jurisdiction -- i.e. you can't bring case in federal court after only $74,999.99 in damages -- but copyright law's statutory minimum damages tend to make that fairly easy to meet (as we famously saw in the Jammie Thomas case). Unfortunately, it's relatively hard to succeed in federal courts with pro se representation.

    23. Re:That's the way the cookie crumbles by hoggoth · · Score: 4, Interesting

      > This is a civil case. So no, the OP can't spend tax payer dollars to enforce their copyright.

      This isn't strictly true. If OP is big enough to buy some congressmen he can, in fact, spend tax dollars to enforce his copyright.
      See: RIAA, MPAA

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    24. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 1

      In this case (ab)using the flagging feature is the proper action. The video will not only be taken down but the account will get a strike or more. Considering the drama crap I've seen going on between youtubers with only a handful of subscribers that they manage to persuade to false flag whoever is their adversary, I'm confident that slashdot has enough people willing to help out to be able to give that organization enough strikes to get their account suspended. Also note that flagging is not a criminal act (unlike a false copyright claim) and youtube virtually never bothers to check whether there actually is any inappropriate content to justify the flagging and false flagging has no consequences for those doing it, this is an excellent opportunity for cyber vigilante justice. Flagging button, here I come!

    25. Re:That's the way the cookie crumbles by cpt+kangarooski · · Score: 1

      No, the dollar figure you're thinking of comes from diversity jurisdiction, eg suing someone in federal court over a matter of state law, where the parties are from different states (the idea being that the federal court will be more neutral). Copyright is a federal matter to begin with, so there is already adequate subject matter jurisdiction regardless of the amount in controversy.

      Try googling for a flow chart on federal jurisdiction; its usually pretty helpful.

      --
      -- 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.
    26. Re:That's the way the cookie crumbles by roc97007 · · Score: 1

      ...which means we have to time it right and all do it at once.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    27. Re:That's the way the cookie crumbles by d.valued · · Score: 1

      For what it's worth.. I say fight on.

      I'm not a lawyer, I rarely play one online anymore (stupid wikipedia destroying my client base) so this shouldn't be taken as legal advice. This is how I, a vindictive evil bastard who really would like people who do bad bad things be whacked upside the head hard, would like things to play out in an ideal world.

      Let's start with venue: You're in the US, Google's in the US, US courts are probably the right place to pursue action. Doesn't matter if the other person is in another place, they played with YouTube, which, if I read my ToS correctly, says that problems eventually end up in a Palo Alto courtroom. Oh, wait, they do: Actual quote from their TOS: Section 14, General: You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over YouTube, either specific or general, in jurisdictions other than California.

      Go in small claims first: they don't show up, you win by default, Google takes them down.

      Now, since they've also made a perjury declaration, you can also then have criminal charges brought because perjury is a *crime*, punishable by fines and jail time. Part of the evidence? If they had a case to make, they'd have showed up to the civil case to defend themselves. Now, with a criminal conviction - a felony, by the way - there are a fair few countries that will extradite someone who's been convicted of such a crime... one reason being that contempt for one country's legal system kinda points to a potential for contempt for any country's legal system.

      Nice little circle of life. And in the afterlife where you're partying hard (or, as the other person will describe your endless choices of debauchery and metasensory overload, "hell"), you can laugh even harder.

      --
      I used to be someone else. Now I'm someone better.
      Real life is underrated.
    28. Re:That's the way the cookie crumbles by ComputerInsultant · · Score: 3, Interesting

      In the US this would almost certainly be considered 'fair use' because it is commentary on OP's original work.

      The US four factors test for fair use is largely met:
      Purpose: The authors of this video have added significant commentary that was not present in OP's original work.
      Nature: They are using OP's video not as a creative work, but as statements of facts to support their commentary.
      Portion: They used a large percentage of OP's video, but not all. This might be an item in your favor, but since this video is low res, they used as little as they could to make their point.
      Market: They are not likely to have reduced the commercial value of OP's video.

      So this seems to me that this is 'fair use' of OP's video. The commentary they present is certainly utter rubbish, but the law allows people to use evidence from original works as evidence for their arguments, even rubbish arguments.

      OP has already posted a comment that attests that this is an unauthorized use of his original video. That taints the authors and their message. I am not sure that any further action improves the situation.

      --
      engineers are all basically high-functioning autistics who have no idea how normal people do stuff
    29. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      Sadly Youtube doesn't show likes/dislikes in search results. So even a video with 90% dislikes will continue getting hits if it has the right keywords.

    30. Re:That's the way the cookie crumbles by icebike · · Score: 2

      Mostly agreed.
      But if y watch their rubbish carefully you will find that they really only used a small portion (repetitively) so your point about "portion" is strengthened.

      This isn't worth the effort. Nobody is going to the clown work for an educational video.

      --
      Sig Battery depleted. Reverting to safe mode.
    31. Re:That's the way the cookie crumbles by tinkerghost · · Score: 1

      Small claims court. Claim the value of the infringment as less than $3K & pay the $138 for the court date & another $100 or so to have it served. They won't show up in court & you ask the judge for the money & an injunction by YouTube. Mail the injunction to YouTube & the video comes down. The money isn't going to be worthwhile to go after, but that's not really what you're after anyway.

    32. Re:That's the way the cookie crumbles by letherial · · Score: 1

      correct me if im wrong, but do you not need to serve them the papers? I know in my child custody case the biggest problem i had was serving my X..Seems like it would be challenging to serve them in a different country

    33. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      Why not everyone hit the flag of un-appropriate content, and in the comment state that its pirate video.

    34. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 1

      Although what you say is technically the case, in practice small claims courts have heard copyright cases. Sure there's a jurisdictional issue, but if the other side never appears or never raises the subject matter issue, you can still get a judgment. This isn't a one-off situation either. I used to work in Small Claims Court in another state and we would get copyright cases from time to time. Depending on the presiding judge, the cases would sometimes go forward, and other times would basically be dismissed by a motion for summary judgment.

    35. Re:That's the way the cookie crumbles by Joe+Decker · · Score: 5, Informative

      Thank you, that's interesting and, at least in theory potentially useful to me some day.

      (Only had one real copyright claim, someone used one of my images on the cover of their death metal CD and was selling it. No returned phone calls for weeks. Good thing it was the cover, Eventually I DMCA'd the album cover from Amazon's web site, got a call back in *minutes*, whole matter was settled an hour or two later. If they'd counterclaimed, or just used m images inside the CD booklet, ... well, anyway. Weird how these things work.

      Anyway, thanks again for the data.

      One other thing: The copyright office has an RfC or the like on making a copyright small claims court. I think something like that might be sensible, but IANAL. Anyway, FYI, http://www.copyright.gov/docs/smallclaims/

    36. Re:That's the way the cookie crumbles by theNAM666 · · Score: 1

      >1) They could answer charge and have it dismissed in favor of moving it to a Federal court.

      At which point they'd have to pay $455 to file and hire a lawyer, while you can still self-represent. Sounds good to me.

    37. Re:That's the way the cookie crumbles by Kittenman · · Score: 1

      Yes, but that would cost money, and while I could probably get damages It would be practically impossible to collect on them.

      Just let it go.

      Yep. Imitation is a form of flattery. Nice work putting together the original video though - get some joy out of the fact that some folks (and now us on /.) know about it and appreciate the time.

      As for the other crowd ...Who cares?

      --
      "The greatest lesson in life is to know that even fools are right sometimes" - Winston Churchill
    38. Re:That's the way the cookie crumbles by Pseudonym · · Score: 1

      First off, one person's "pretty famous" is another person's "completely obscure".

      Secondly, from the 5 minutes I spent finding out who this guy I'd never heard of is, he is "Islamic" in the same sense that Fred Phelps is "Christian". Most Christians (at least those I know) already think that Fred Phelps has committed all sorts of blasphemy. One more wouldn't surprise them in the least, especially if it was a clever Poe.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    39. Re:That's the way the cookie crumbles by Pseudonym · · Score: 3, Insightful

      If astronomers could afford congressmen, the US wouldn't be in the mess it's in today.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    40. Re:That's the way the cookie crumbles by Pseudonym · · Score: 2

      Lots more here, including lurid claims about blackmail and sex parties:

      Man, I wish I had enough sociopathy to be a cult leader.

      I hear a whirring sound. I think it's Kemal Ataturk spinning in his grave.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    41. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      What you should do is file a small claims law suit.

      This is really easy to do and lots of jurisdictions do not permit lawyers to be used by the parties.

      They will need to come to the United States and defend against it, if they don't you will win a default judgement. If they have any assets in the United States you can work on getting them seized.

    42. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      Short version: disrespect these guys and they might kill someone you don't know.

      Fuck them.

      We should NOT be scared to stand up to religious fucktards like that in case they do something bad - that's a level of blackmail people should not have to put up with.

    43. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      Disabling comments and voting lowers your ranking in youtube search results.

    44. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      you would win a default judgment of up to $5,000 or more

      I know I'm being a troll, but I just couldn't resist:

      http://xkcd.com/870/

    45. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      A pretty famous Islamic guy who makes a living arguing against evolution

      Wow. At first I read that as "A pretty famous Islamic guy who is a living argument against evolution"

    46. Re:That's the way the cookie crumbles by Sigg3.net · · Score: 1

      Not sure if it's correct, but I also thought "fair use" here.

      The second best thing you could do is to post an informative video reply, showing the original, their version, and then perhaps deal with the flaws of theirbelief.

        Best thing was menmentioned already; counter with science and humor.

    47. Re:That's the way the cookie crumbles by rioki · · Score: 1

      You can get a consultation with a layer, some do it for free, others want some fee; nevertheless you are talking about the 50-100 USD range. He then can tell you what your options are, if any and how much you must owe upfront for it.

    48. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      Is the commentary about the original video, or commentary about another topic (I have no audio at the moment to watch it)? Fair use typically allows for you to use material to comment on the work itself, e.g. critiquing, parodying, or making a counterpoint. This doesn't include just discussing the same subject if not actually talking about the work. There have been some notable court cases where using a work to discuss or parody a topic other than the work itself was shot down as not fair use.

    49. Re:That's the way the cookie crumbles by DrLang21 · · Score: 1

      This is going to cost money no matter how you go about it. The DMCA was tried and failed. You could try again. Submit further detail to Youtube, but they have a mostly automated system. The next cheapest option is to hire a lawyer to send a warning letter to both the infringer and to Youtube. This is usually a pretty reasonable cost. While you're at it, inquire how much an injunction would probably run you.

      --
      I see the glass as full with a FoS of 2.
    50. Re:That's the way the cookie crumbles by mapsjanhere · · Score: 1

      Even IF a prosecutor would be taking the case, and IF the persons in questions are brought to court in the US and IF the court convicts them of a criminal offense you still have to file a civil suit to get the video blocked. Much easier with evidence from the criminal trial, but you'd still need to go through the motions. And do you know the "fair use" rules in Turkey? Totally dubbing over some video might be enough to create new copyright there, and it's only perjury if you knowingly state an untruth, should have known isn't enough.

      --
      I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
    51. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      AFAIK, it is *NOT* the takedown *ITSELF* which is subject to the 'perjury' penalty, but that the person issuing the takedown asserts under penalty of perjury that they HAVE THE AUTHORITY to issue the takedown...
      (either as the original/sole owner of the copyrighted material(s), *or*, that they are a duly authorized representative of the owner)
      it is NOT 'under penalty of perjury' they are asserting ownership, but simply that they are authorized to issue the takedown...

      art guerrilla
      aka ann archy
      eof

    52. Re:That's the way the cookie crumbles by gmyuriy · · Score: 1

      Pardon my ignorance, but can you sue a foreign national in a local small claims court???

    53. Re:That's the way the cookie crumbles by Wonko+the+Sane · · Score: 1

      For years Slashdot has published stories about copyright overreach, or whether or not it should even exist, but as as soon as some religious nut publishes a video that some people don't like they leap into action to use those same laws to their own advantage.

      Judging by the number of dislikes on that video now I would say that no further action is necessary.

    54. Re:That's the way the cookie crumbles by Nethemas+the+Great · · Score: 1

      There are reasons why certain Islamists take to the actions they do when morons purposefully insult their beliefs. In short summary, it's because there are no few functional alternatives (such as a legal framework) through which they might get redress. Should they grow thicker skins and not validate the morons in the first place. Probably. But these insults in their mind are the equivalent of someone dehumanizing your wife by raping and defecating on her then later posting a video of it for all the world to see. What would you do if you could not pursue legal remedy?

      --
      Two of my imaginary friends reproduced once ... with negative results.
    55. Re:That's the way the cookie crumbles by Nethemas+the+Great · · Score: 1

      If the US were a technocracy we wouldn't be in the same mess today.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    56. Re:That's the way the cookie crumbles by Pseudonym · · Score: 1

      If everyone could afford congressmen, you'd have democracy back.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    57. Re:That's the way the cookie crumbles by Anonymous Coward · · Score: 0

      Ask Harvey Birdman....He'll take the case.

    58. Re:That's the way the cookie crumbles by Xest · · Score: 1

      Can't we all just like, file DMCA complaints about it until he gets fed up of issuing counterclaims?

    59. Re:That's the way the cookie crumbles by Z00L00K · · Score: 1

      Looking at it the video is now removed.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  3. Play God by Anonymous Coward · · Score: 5, Funny

    Release another video that shows asteroids smashing into the cultist's church and an undead dinosaur army emerging from the crater to devour their children.

    1. Re:Play God by Qwertie · · Score: 4, Insightful

      Or, you could just not worry about this weird video because it had well under 10,000 views before it appeared on Slashdot and currently has only 22 likes. And half of those likes may come from people that enjoy watching crazy nutters. The only harm comes from people believing the video, and the Slashdot crowd won't.

    2. Re:Play God by mbunch5 · · Score: 3, Insightful

      Or, you could just not worry about this weird video because it had well under 10,000 views before it appeared on Slashdot and currently has only 22 likes. And half of those likes may come from people that enjoy watching crazy nutters. The only harm comes from people believing the video, and the Slashdot crowd won't.

      Seriously. Since the OP posts on Slashdot, presumably he understands the Streisand effect. Practically no one was paying attention to the remake before you called attention to it here. Just roll with it and understand that more people are mocking this guy than believing him. If that just won't sit well with you, then you need to consult a lawyer versed in internet law -- though preferably not the one that tried to sue TheOatmeal....

    3. Re:Play God by Anonymous Coward · · Score: 0

      Or, you could just not worry about this weird video because it had well under 10,000 views before it appeared on Slashdot and currently has only 22 likes.

      is there any way to 'batch - dislike' all videos by a particular poster on youtube? Get to work, guys!

    4. Re:Play God by jd · · Score: 1

      The church would lobby for the guy to be declared a terrorist. After all, it's their divine right to abuse videos (see the lawsuits by the actors involved in the recent video scandal).

      There are guides on the hidden TOR services on how to get people/organizations SWATted, but I cannot condone such tactics. Smirk, yes, but not condone.

      --
      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)
  4. In other news... by Anonymous Coward · · Score: 0

    US laws don't apply oversea. Live with it.

    1. Re:In other news... by JustOK · · Score: 1

      drone on

      --
      rewriting history since 2109
    2. Re:In other news... by AK+Marc · · Score: 1

      I didn't realize YouTube was an overseas company with no formal relations with the USA.

    3. Re:In other news... by realityimpaired · · Score: 2

      Copyright laws are different in different parts of the world. Whether Youtube is an American company or not has nothing to do with whether the video in question is legally considered to be violating any copyright in another country

      Even under American copyright laws, there's exemptions made for "educational" use, and they could be arguing that their film is educational in nature. Tinfoil hat alarmist dreck though it may be, it could still meet the legal definition for an educational exemption from copyright.

    4. Re:In other news... by AK+Marc · · Score: 1

      Even under American copyright laws, there's exemptions made for "educational" use,

      No, there isn't. Educational use is an affirmative defense via fair use, but not an "exemption".

      And US laws to apply to US corporations in the USA.

    5. Re:In other news... by Anonymous Coward · · Score: 0

      Tell that to Julian Assange

  5. Ask Slashdot: How To Fight Copyright Violations by deblau · · Score: 4, Insightful

    1. Read and understand the law before you try to apply it.
    2. Decide if you really want to pull the trigger.
    3. Hire a lawyer.

    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.
    1. Re:Ask Slashdot: How To Fight Copyright Violations by wvmarle · · Score: 1

      Good luck with part 1. The reading half shouldn't be too much of hte problem, the understanding part will be...

    2. Re:Ask Slashdot: How To Fight Copyright Violations by Sigg3.net · · Score: 1

      Ad 2. Laws don't shoot straight. Might just as well end up shooting yourself.

  6. A burning bush talked! by Impy+the+Impiuos+Imp · · Score: 5, Funny

    > borrowed my video and redubbed it to promote their religious message.
    > ...
    > submitted a counterclaim claiming 'under penalty of perjury' that they do
    > in fact have the rights to this work

    A religious organization lie? You're kidding me!

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:A burning bush talked! by Anonymous Coward · · Score: 0

      Everything is justified when it comes to creating imaginary parents to tell you what is right and wrong, love you unconditionally, and stick up for you when you act badly.

    2. Re:A burning bush talked! by Bryansix · · Score: 0

      Well at the risk of burning my remaining Karma, I ask you to look at WHICH religion this video is pushing.

    3. Re:A burning bush talked! by MikeBabcock · · Score: 4, Informative

      For the lazy, that would be http://www.harunyahya.com/ ...

      For a guy who supposedly thwarted a cocaine conspiracy (cf. http://www.harunyahya.com/bilgi/yazarHakkinda?pageNo=2 ) ... the DMCA must seem like nothing.

      --
      - Michael T. Babcock (Yes, I blog)
    4. Re:A burning bush talked! by Anonymous Coward · · Score: 0

      What am I seeing here?

      http://harunyahya.com/en/Adnan-Oktarin-Sohbetlerinden-Secme-Bolumler/145971/New_explanations_of_evolutionists_regarding_the_dilemma_of_transitional_forms

    5. Re:A burning bush talked! by Anonymous Coward · · Score: 0

      I had a neighbor whose wifi SSID was visible and he'd called it HARUNYAHYA. Just for kicks I tried to connect to it and when it asked me for the password, I typed "truth".
      Got in on the first try.
      I almost wet my pants it was so funny.

  7. Defective by Design by Faisal+Rehman · · Score: 0

    DMCA is Defective by Design. join http://www.defectivebydesign.org/

    1. Re:Defective by Design by Osgeld · · Score: 1

      so is defectivebydesign, all they seem to do is beg me for money and clicks

    2. Re:Defective by Design by Anonymous Coward · · Score: 0

      DMCA is Defective by Design. join http://www.defectivebydesign.org/

      Ha, bullshit! I don't even have to click on your link to prove it either.

      Ask any lawyer. I promise you they see absolutely nothing wrong here with perpetuating their existence (and more importantly, their revenue streams)

    3. Re:Defective by Design by X0563511 · · Score: 1

      So? This the proper and intended use. You're spouting off in the wrong story. You're doing the cause no justice.

      --
      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...
  8. file vs youtube by Lehk228 · · Score: 1

    You could get an injunction against google ordering them to take down the video. Talk to a lawyer to see what kind of fees you would be looking at.

    --
    Snowden and Manning are heroes.
    1. Re:file vs youtube by szyzyg · · Score: 1

      Nah google is cool with this, if I take the other group to court then they'll remove the video. No point in suing google.

    2. Re:file vs youtube by History's+Coming+To · · Score: 2

      However, it appears you may have problems suing a religion in a different country. You may well find that suggesting to YouTube/Google that they are complicit and therefore liable to a lawsuit, and far easier to get at. You might find they just remove the video, it might well be part of their normal dispute process:

      1: Complaint received from X, video removed.
      2: Legally binding statement made by Y, video reinstated.
      3: X responds saying he has proof of Y making an untrue statement, and legal action will be taken. Video removed again.

      Google are still breaking laws by transmitting copyright material, and they make an effort to avoid hassle. And the best scenario is that the religion have to distribute "their" video on their own, at which point you start the multiple download project and destroy their bandwidth fund....

      --
      Please consider this account deleted, I just can't be bothered with the spam anymore.
    3. Re:file vs youtube by dissy · · Score: 1

      Google are still breaking laws by transmitting copyright material

      No they haven't. Google has fulfilled all the requirements of the safe harbor section of the DMCA. They are not liable.

      At this point, szyzyg has utilized the DMCA fully and has obtained the contact information of the responsible party who uploaded the video. That is pretty much the extend of what the DMCA provides for, except the final part about having to take down the video once charges are brought

      Szyzyg has not yet done that, so Google is currently not hosting or transmitting material who's copyright is being enforced. Once it is and he does, they will remove it, and continue to not be infringing.

      Both points above combined, the DMCA is completely fulfilled. That tidbit of law is over with in this case. As they say the ball is in szyzyg's court. Just because he has some obstacle in front of him with bringing charges, doesn't suddenly mean Google is in violation of any laws.

      As for the spot szyzyg is currently at, yea that sort of sucks. He isn't likely to get money out of them for this groups infringement. I still think he could attain his original goal of having the video permanently removed however.

      For szyzyg, bring the charges in your own country. If you have an equivalent of " small claims court", use that. Any injunction that court provides is legal standing. Present it to Google and they will remove the video, flagged as such to prevent reuploading (of the same content at least)

      Any monetary fines the judge sets forth are unlikely to be collected. That's just how international things go when you aren't a multinational corporation or something :/
      But Google will at least enforce it on their end as much as possible.

  9. One thing you can do... by Anonymous Coward · · Score: 0

    One thing you can do is contact whatever organization they're promoting, and tell them that this yahoo's infringement will have consequences for the organization's reputation.

    If that fails to get movement, then contact your friends to send email, snail-mail, make comments on their blog, organize an online petition, and try to build some public pressure. If you can get some buzz going, contact news media in his home country.

    1. Re:One thing you can do... by cyber-vandal · · Score: 1

      It's not yahoo it's google.

    2. Re:One thing you can do... by fiziko · · Score: 1

      I read the OP as using "yahoo" to indicate the copyright violator, not the company.

      --
      - W. Blaine Dowler
      http://www.bureau42.com
    3. Re:One thing you can do... by Anonymous Coward · · Score: 1

      It's a cruel world for Jonathan Swift fans.

    4. Re:One thing you can do... by cyber-vandal · · Score: 1

      :-)

    5. Re:One thing you can do... by cyber-vandal · · Score: 1

      ;-)

  10. Why else should Youtube take the video down again? by truedfx · · Score: 3, Insightful

    Either you're telling the truth, or they're telling the truth. I don't want to judge that, Youtube doesn't want to judge that, a judge should be the judge of that. And until a judge has looked at it, what reason is there to take down the video again?

  11. financial impact by InPursuitOfTruth · · Score: 3, Insightful

    I missed the financial impact in your post. Are you just offended they re-used your works, or is it impacting your sales?

    1. Re:financial impact by szyzyg · · Score: 5, Interesting

      I originally found out about this other video after Youtube's content identification system identified *my* video as infringing on *their* video and disabled revenue sharing, that took a month to sort out during which I was unable to monetize my work. (also, I suspect that this possible infringing status flagged my account and resulted in several of my other videos submitted during that period being denied monetization).

      Anyway, yes, offended and it cost me a bit of revenue

    2. Re:financial impact by Anonymous Coward · · Score: 0

      You mean the mighty youtube can't even figure out who uploaded the video first?

    3. Re:financial impact by Nemyst · · Score: 2

      You should've put this in the question. That's quite an important element to the whole thing, as it goes from what could be identified as "petty" by some to what is clearly just wrong and should be rectified.

    4. Re:financial impact by mwvdlee · · Score: 2

      It's is not required to have a financial impact for it to be a copyright violation.
      If it were, the GPL and pretty much all other open source licenses wouldn't have any power.
      Besides, there is the - perhaps far worse - violation of his artistic vision.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    5. Re:financial impact by strikethree · · Score: 1

      Did you try to contact that religious organization directly?

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    6. Re:financial impact by Theaetetus · · Score: 1

      I originally found out about this other video after Youtube's content identification system identified *my* video as infringing on *their* video and disabled revenue sharing, that took a month to sort out during which I was unable to monetize my work. (also, I suspect that this possible infringing status flagged my account and resulted in several of my other videos submitted during that period being denied monetization).

      Anyway, yes, offended and it cost me a bit of revenue

      You should talk to a reputable lawyer in your jurisdiction - this is the sort of case that many would take on contingency, since they may be able to collect attorneys fees and damages, so you may not have to pay any costs.
      Additionally, you could talk to your state attorney general's office. If they committed perjury, that's the type of thing that the AG may be interested in. However, prior to doing this, I would talk to that reputable lawyer in your jurisdiction, because ideally, you'd want to coordinate a civil suit and criminal case.

      The only real way to lose is to assume that you can't win, so you never, ever try to find out whether your assumption is correct.

      Disclaimer: I'm a patent attorney. I'm not your attorney and this is not legal advice.

    7. Re:financial impact by InPursuitOfTruth · · Score: 1

      GPL has power? lol. j/k

      This isn't a court of law. This is /. This is a story. Understanding financials here does help to complete the story, particularly since, as he pointed out, any further action requires cost. Right?

      I do consider financial impact to be a higher morale ground than "they liked my videos, and found another use for it." So, now that he indicated that he lost the potential for revenue on YouTube (albeit $0.04 if he's lucky), I can sympathize a tad more.

      Despite losing potential ad revenue, it is clear that he fired the first shot that brought YouTube's algorithms into it, and, as I understand it, would not of likely of had ANY financial risk if he just let this other organization show off his great videos.

      Poster's initial action bringing YouTube into the conflict: "Ultimately I filed a DMCA takedown request via YouTube's site, it's as easy as filling in a form and the video was removed."

    8. Re:financial impact by vertigovegan · · Score: 1

      If you're not lying about that, then that is wrong. You never said that. That content aware system is wrong and they're doing that to my videos too, but it's usually about sounds or music in the video.

      If what you say is true, that could constitute a violation, because even though the work is fair use in all the other respects, the work is replacing your original work in the marketplace.

      That seems like the only argument you have.

      This content aware system needs to be stopped.

      I'm a little skeptical of you however. I think you've exaggerated the infringement claim and now you're speculating that your other videos were flagged because of that. How do we know it wasn't music or something else.

    9. Re:financial impact by Anonymous Coward · · Score: 0

      What is your goal? Is it to simply get the organization to stop using the video on YouTube? If they do get banned from YouTube, what about other websites? Let's just stick to YouTube.

      What about hiring a lawyer to assert your claim and to get them banned from YouTube? Hopefully a win means if someone else posts your video, you'd have no issues even if they did assert under penalty of perjury. I'm thinking, "What prevents this orginization from posting under another account?"

      I'm not a lawyer. I can't offer legal advice. But one idea that has crossed my mind is if you could set up a donation thing and see if fellow Slashdotters wouldn't mind donating for legal defense. I don't know if this is a bad idea (and no, I wouldn't be donating myself if I implied that). And I don't know about the legality of asking for legal defense in such a situation (like, do you have to pay taxes on the donations, etc.)

    10. Re:financial impact by Cruciform · · Score: 1

      Aren't you using a number of sources that you didn't create yourself for your work? Under Youtube's terms you aren't able to monetize that anyway. Or was that one not monetized and the flag just interfered with some of your fully user-created content being blocked from monetization as well?

  12. Sue Them All! by Greyfox · · Score: 2
    I am legally obligated to inform you that I am not a lawyer!

    Now that we have THAT out of the way, you could probably sue them both! Name Youtube and the church in your lawsuit, go for an injunction against Youtube and ask for ONE BILLION DOLLARS worth of damages from the church! It works for the music industry! The church probably won't even show up to defend itself, so take a default judgement against them and when they don't pay, use it to get warrants for the arrest of their leadership (for contempt of court or whatever) if they ever come to the USA! Just about everyone who's anyone has to come here eventually!

    It'll probably cost you several large briefcases full of cash in lawyers fees which you will probably never recoup, but if you want to make your new hobby making those guys' lives miserable, that's the way to go!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Sue Them All! by Anonymous Coward · · Score: 0

      You bear your name well. I want your mask, btw.

    2. Re:Sue Them All! by jamesh · · Score: 1

      I am legally obligated to inform you that I am not a lawyer!

      Wait a minute... how would you know that, unless you were a lawyer??

    3. Re:Sue Them All! by Anonymous Coward · · Score: 0

      or just sue Google in your own country in small claims court. Google will never let them back on Youtube.

    4. Re:Sue Them All! by Anonymous Coward · · Score: 0

      I'm suing you for using all of my exclamation points and forcing me to replace them with colons: Which makes my sentences look even odder than yours: In fact this looks like one long array of text that is colon delimited: This sucks: I want my exclamation points back:

    5. Re:Sue Them All! by Greyfox · · Score: 1

      I am not a lawyer, but I've watched every episode of "Ally MacBeal." Twice.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    6. Re:Sue Them All! by StarKiller53861 · · Score: 1

      Just about everyone who's anyone has to come here eventually!

      O_O

  13. Re:Good Job, Scott Manley by szyzyg · · Score: 4, Informative

    The video used my name, and picture and implies that my research supports their creationist message.

  14. Let other religious groups do it for you by PolygamousRanchKid+ · · Score: 5, Interesting

    a problem with a religious organization which borrowed my video and redubbed it to promote their religious message

    Re-redub their version to make the group's religious message blasphemous to Islamists.

    That should eventually take care of your problem, but there may be a wee bit of collateral damage to the rest of the world along the way, like World War III.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:Let other religious groups do it for you by Bryansix · · Score: 1

      Oh man. The current administration of the USA would be in a tizzy. I like it.

    2. Re:Let other religious groups do it for you by phantomfive · · Score: 4, Insightful

      Ha, World War III? If there is a WWIII over the middle east, it will be every other country in the world coming together, destroying the region, then negotiating how to split the remaining oil. None of the major powers care enough about the people in the Middle East to actually fight each other.

      --
      "First they came for the slanderers and i said nothing."
    3. Re:Let other religious groups do it for you by blind+biker · · Score: 1

      Re-redub their version to make the group's religious message blasphemous to Islamists.

      Two issues with this: I actually watched the three videos linked in TFS, and saw that the religious group/association did more than just re-dub one of the videos. It's a derivative work, sure, but they didn't use the video as-is.

      The other problem is a bit more practical: if the OP were to do what you suggest, eventually it would be found out that it's actually him who did the blasphemous dub, and that would put his life at risk.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    4. Re:Let other religious groups do it for you by Psyborgue · · Score: 1

      It was Muslims who re-dubbed the video in the first place in case you missed all the praise be to Allah in the video description and all the Muslim links.

    5. Re:Let other religious groups do it for you by Mashiki · · Score: 0

      It was Muslims who re-dubbed the video in the first place in case you missed all the praise be to Allah in the video description and all the Muslim links.

      This is /. the majority of people here believe that it's Christians who do these things, it's the Muslims who don't and are perfectly okay.

      --
      Om, nomnomnom...
    6. Re:Let other religious groups do it for you by HiThere · · Score: 1

      Well, christians do it more frequently, or at least I hear about christians doing it more frequently. Doesn't make the muslims good guys, though. Just less frequently having access to video editors (at least in English).

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re:Let other religious groups do it for you by Anonymous Coward · · Score: 0

      Re-redub their version to make the group's religious message blasphemous to Islamists.

      That should eventually take care of your problem, but there may be a wee bit of collateral damage to the rest of the world along the way, like World War III.

      Businesses call this cost externalizing: "Cost externalizing is a socio-economical term describing how a business maximizes its profits by off loading indirect costs and forcing negative effects to a third party."

      If you make it clear you're mocking their video, you could even be protected as a parody under fair-use exceptions. /s

    8. Re:Let other religious groups do it for you by meglon · · Score: 1

      This is /. the majority of people here believe that it's Christians who do these things, it's the Muslims who don't and are perfectly okay.

      Some people here are not blindly bigoted, thinking Christianity = good, Muslim = bad. Many of the people here would approach it more as: religion = bad, not being a totally blind sheep incapable of thinking for one's self = good.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    9. Re:Let other religious groups do it for you by Mashiki · · Score: 2

      Really? Could you tell then, where the last massive serious of riots were in various countries across the globe were by Christians over the desecration of their religious icons or texts, or even various prophets/saints/etc. I mean even up here in Canada, we had muslims protesting at the US embassy over the film, and their solution to fix the problem was calling death of the people who made it.

      --
      Om, nomnomnom...
    10. Re:Let other religious groups do it for you by Mashiki · · Score: 1

      Here's the difference, bigotry would imply that it's unjustified in calling for something. Except their own actions speak louder than words. And no, many people wouldn't you'll find that many of the atheists here won't touch mulsims with a 10ft pole on any issue for fear of inflaming their 'passions' and all that. Religion in itself isn't bad, people are bad. Then again, western civilization wouldn't be what it is without religion now would it? Especially since the enlightenment period was a direct result of the reformations.

      --
      Om, nomnomnom...
    11. Re:Let other religious groups do it for you by Anonymous Coward · · Score: 0

      Wow.

      Way to ruin a good Christian/religion-bashing, dude!

      You're really the life of the party, eh?

      You also probably wrongly believe it's not OK for the government to pay an artist for a crucifix dipped in urine OR to pay for anything that could remotely be offensive to Islam, when everybody knows it's fine to pay out taxpayer money for "art" that denigrates Christianity/Christians, but NOT anything even remotely offensive to Muslims/Islam.

    12. Re:Let other religious groups do it for you by HiThere · · Score: 1

      What does that have to do with infringing copyright?

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    13. Re:Let other religious groups do it for you by Mashiki · · Score: 1

      Obviously it has to do with exposing the general ignorance on /. what did you think it had to do with? Then again, what did your original reply have to do with "infringing copyright?"

      --
      Om, nomnomnom...
    14. Re:Let other religious groups do it for you by HiThere · · Score: 1

      What I was asserting was that I had more frequently heard of christian groups infringing on copyright than I had heard of muslim groups doing so. And I hypothesized that a good part of the reason was that christian groups had more access to video editors, at least in English.

      This may or may not be an incorrect hypothesis. There could be other reasons. But it was definitely about copyright infringement.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    15. Re:Let other religious groups do it for you by Anonymous Coward · · Score: 0

      Yet all of these other countries are perfectly fine with the cold-blooded murder of their citizens by the extremists in the middle east, and do absolutely less than nothing about it.

      Oh yeah, I totally see all of these countries working together if just ONE more video comes out that creates riots. Trust me, THAT video will be the straw that breaks the camel's back... all of the incidents prior to this simply didn't make things reach the breaking point yet.

      But yeah, this one other video will most certainly do that.

    16. Re:Let other religious groups do it for you by Anonymous Coward · · Score: 0

      You should have expressed that in a more yelling tone: World War !!!
      See, a much better fit with the way people currently "think".

  15. Information wants to be free by Kohath · · Score: 0, Troll

    This is Slashdot. You created and released the video. The Slashdot crowd decrees that you have no rights to it. And everyone else has an absolute rights to do whatever they want with it.

    Too bad. Next time, don't make the mistake of creating a video.

    1. Re:Information wants to be free by fredprado · · Score: 2

      If only you had had a similar fear of posting and having your posts unlawfully copied this would be a better world.

    2. Re:Information wants to be free by Anonymous Coward · · Score: 0

      He's just using the standard slashdot group-think to show how ridiculous it is - which of course means he'll be modded down for exposing the hypocrisy.

      Problem is, slashdotters only believe that when it's someone they don't like. When it's someone they like, suddenly information doesn't want to be free any more, copyright infringement is wrong, and so on.

      The hypocrisy is astounding.

    3. Re:Information wants to be free by fredprado · · Score: 5, Insightful

      Those kind of "Slashdotters" are usually a lot more coherent than "Slashdotters haters Slashdotters" like you. ;)

      That said, most slashdotters are not against copyright per se, but against the abuse of copyright by corporations, the use of public money to defend their rights while the common citizen have to bankrupt himself to have any chance of having justice made, and the erosion of fair use promoted by those same big corporations.

      Your limited capacity of understanding these concepts is what brings you to perceive their opinions as something paradoxical.

    4. Re:Information wants to be free by Anonymous Coward · · Score: 0

      No... if you read the things that people post and are modded up to +5 on a routine basis:

      "Information wants to be free"
      "Copyright infringement does not cause harm, because nothing is stolen from the infringed party. They still have all their data."

      And so on. If you apply the VERY SAME arguments here, then the hypocrisy is so glaring it will blind you.

    5. Re:Information wants to be free by fredprado · · Score: 1

      Oh there are people who think like this. I am one of them, by the way. But I am coherent. I think always like this, including in the case stated here. There is nothing wrong in believing information should be free. It is a valid opinion even if you disagree with it. There is nothing wrong in opinions like these to be modded up, especially when they are presented with good arguments, which is often the case.

      On the other hand, like I said, this is not the opinion of most Slashdotters, but what I stated in my previous post certainly is.

    6. Re:Information wants to be free by Anonymous Coward · · Score: 0

      The Slashdot crowd decrees that you have no rights to it. And everyone else has an absolute rights to do whatever they want with it.

      The second follows from the first. If you do indeed have no rights to it, everyone can copy it as they please. Absolute rights never come into it.

      Too bad. Next time, don't make the mistake of creating a video.

      I'd prefer people who expect artificial monopolies to be given to them by the government and expect that the government stop people from doing things with their own property not make anything at all, or find a different way to make money (you know, the free market). They're an eyesore.

    7. Re:Information wants to be free by AK+Marc · · Score: 1

      Information may want to be free. But they aren't spreading information. They are spreading lies. Lies deserve to be punished. Truth should be free. The original version (the true one) is free. The twisted lie version should not be free.

    8. Re:Information wants to be free by Anonymous Coward · · Score: 0

      But I am coherent. I think always like this, including in the case stated here.

      Then props to you. Most people seem to change what they think on a case by case basis based on who they "like".

    9. Re:Information wants to be free by fredprado · · Score: 1

      I should warn you that at least a good part of those people, especially in a place like this, do not think exactly like your oversimplified model of them thinks they do. More often than not the incoherence appears more due to a flaw in the method of analysis than in the subject being analyzed.

    10. Re:Information wants to be free by Kohath · · Score: 1

      The Ministry of Truth will decide which is true and which is a lie. The Ministry of Love will punish the liars.

    11. Re:Information wants to be free by Anonymous Coward · · Score: 0

      But they aren't spreading information.

      Oh! Here I thought they uploaded a video, but it turns out that it doesn't exist!

    12. Re:Information wants to be free by AK+Marc · · Score: 1

      You are assuming all videos are "information." I disagree.

    13. Re:Information wants to be free by Anonymous Coward · · Score: 0

      You mean they're spreading a counterfeit version of some information? Sounds like we need to get some ACTA on that shit. Guess the MPAA were right all along, huh? Piracy isn't just about stealing - it's also about corrupting the truth - hence, punish punish punish.

    14. Re:Information wants to be free by Anonymous Coward · · Score: 0

      Big Brother will decide what is "information", comrade.

    15. Re:Information wants to be free by cemulli · · Score: 1

      Your limited capacity of understanding these concepts is what brings you to perceive their opinions as something paradoxical.

      It's only paradoxical if they're idiots about it. Like people who create fandom works and say in one breath "Don't worry about asking for permission to use it, it's easier to ask forgiveness than permission" and in the next breath "I'd be fine with someone using my works as a basis for their works as long as they asked me for permission first." It's paradoxical when they think that copyright law SHOULDN'T protect people whose works are successful, regardless of whether the successful creator is actually abusing the copyright system, but that copyright law SHOULD protect struggling artists. There are plenty of creative commons struggling artists who put their un-money where their mouths are. For example, the creator of Sita Sings the Blues (http://www.sitasingstheblues.com/) ran into so many issues trying to license songs that were not even available in modern media, and after she finished her feature length film, she made the whole thing CC.

      Full disclosure, I'm a lawyer, have been studying IP issues since law school, but am more on the academic side than the actual practicing side. I get that people are concerned about equal access to justice. But there are also advocacy groups like Public Knowledge that I'd like to think represent finding the balance that you seem to be referring to between curbing abuses of copyright and supporting small creators.

  16. Re:Why else should Youtube take the video down aga by szyzyg · · Score: 2

    Right youtube are happy to take the video down again if I spend money filing a court case against the infringing party. Which is what would happen if a single person submitted a counter claim against a major corporation's takedown.

  17. Copyright infringement doesn't work that way. by Anonymous Coward · · Score: 0

    Mind you, if he'd been important enough, he would be given a government mandate to insist on a conviction at government expense.

    However, all is not lost.

    The RIAA and their affiliates around the world have been hard at work making copyright a criminal infringement.

    Use their work.

    Claim criminal infringement in their host country. Once agreed, the prosecution is paid for by the state.

  18. Re:How to fight it... Don't by szyzyg · · Score: 4, Informative

    That's part of the problem sir, they've put my picture on their video and are implying that I'm endorsing their message.

  19. file copyright with US Copyright Office by bcrowell · · Score: 5, Interesting

    Apparently the religious group is outside the US, which adds another level of difficulty.

    But anyway, in general, if you live in the US, and protecting your copyright is really important to you, you should file copyright forms with the US Copyright Office. Although current law says that you enjoy copyright protection regardless of whether you file, it doesn't give you *equal* protection if you don't file. If you file, you can sue for both actual damages and statutory damages. If you didn't file, then you can only sue for actual damages, which are presumably zero in your case. When statutory damages are in play, a lawyer will often be willing to take such a case on a contingent fee basis.

    The DMCA sucks, but it doesn't follow that enforcing copyright automatically sucks, or even that enforcing it using the DMCA automatically sucks. Laws are like beer and shotguns; they can be used for both good and bad purposes. I'm willing to contemplate living in a society without copyright, but in such a society the GPL and BSD software licenses, for example, would be unenforceable. Likewise, I'm willing to contemplate living in a society without private property -- but if I tried to implement such a society unilaterally, I'd run into all kinds of problems.

    1. Re:file copyright with US Copyright Office by BoRegardless · · Score: 2

      I know this Catholic guy in Jersey who has "cousins" in Sicily who take care of problems...

      But I know you want to be Anonymous, ah hem...oh well.

    2. Re:file copyright with US Copyright Office by Anonymous Coward · · Score: 0

      Apparently the religious group is outside the US, which adds another level of difficulty.

      Not a problem, YouTube was incorporated in the US, as is Google, its parent company. So, forcing it off YouTube after you've registered it with the US Copyright Office should be a snap. Just fill out the forms, send them in with copies of the video, and $35. Once you get your Certificate of Registration scan it and file a DMCA takedown request with the scanned certificate attached.

      If they put it back up at that point, you can sue Google--I'd go to small claims court and file for the maximum allowable judgment, Google will most likely settle since Google's lawyer fees would cost more than cutting you a check...

    3. Re:file copyright with US Copyright Office by cpt+kangarooski · · Score: 1

      1) Small claims courts do not have jurisdiction over copyright infringement suits in the US; plaintiffs have to go to federal district court.

      2) The purpose of section 512 is to give ISPs et al a simple mechanical system to follow whilst protecting them from a lawsuit. YouTube is following the rules in the statute regarding counter-notifications, because that is part of the procedure which shelters them from a lawsuit. You'll want to look at 17 USC 512(g).

      The dispute is between the OP and the alleged infringers. YouTube has did what it did in order to stay out of it.

      --
      -- 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.
    4. Re:file copyright with US Copyright Office by d.valued · · Score: 1

      Copyright.gov: $35 to file online. Seriously - you show up with that certificate in hand, especially in the context of potential court issues, it's worth it. Takes maybe three weeks to get the certificate if everything's done right the first time, and if not, they are willing to help you. Just filed for my group's first formal copyright docs a few weeks ago, got an email from the copyright office with a few questions, took care of the problems, received the certificate, and framed it.

      And hopefully will never have to do anything else.

      Worth. Every. Penny.

      --
      I used to be someone else. Now I'm someone better.
      Real life is underrated.
    5. Re:file copyright with US Copyright Office by MyFirstNameIsPaul · · Score: 1

      What if the plaintiff could demonstrate that Google's system inadequately protects copyright holders, and it is in Google's interest to have such a system because they profit from the DMCA violations?

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

  20. How about trying the cops? by Kjella · · Score: 1

    But this organization has since submitted a counterclaim claiming 'under penalty of perjury' that they do in fact have the rights to this work, and YouTube has reinstated the video. It looks like the only way I can pursue this further is to spend the money to take the organization to court and get an injunction

    Perjury is a federal offense and by doing it under the DMCA they're violating US law.

    Whoever (...) (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

    Perhaps filing a police complaint or giving the FBI a call would help? Unlike lawyers they're free, so it wouldn't cost you any more than your time.

    --
    Live today, because you never know what tomorrow brings
    1. Re:How about trying the cops? by Anonymous Coward · · Score: 0

      This section is applicable whether the statement or subscription is made within or without the United States.

      So says US law, but if they're not under the jurisdiction of US law then that means approximately nothing (legally at least - if the terro^WUS government decides to send its goons in anyway, that's a different matter).

    2. Re:How about trying the cops? by vertigovegan · · Score: 1

      Who cares if he perjured himself. I'm not a fan of religion either, but this is fair use and free speech, so I say get over it. You guys are always whining about the DMCA, and you should, but don't turn around and be a hypocrite about it after the fact by manipulating the law to take down video you don't agree with. Stick to your principles.

    3. Re:How about trying the cops? by MikeBabcock · · Score: 1

      Slashdot gets its worldview in a tizzy whenever religion becomes part of the discussion. Too many all-knowing agnostics who want their rules only to apply to people without a faith.

      Note: I think the video is a scumbag thing to do, and I think the DMCA takedown is too.

      Someone used your stuff as part of a new work, pretty sure they could claim its derivative enough to be a new work. I'd name a compensation number for them to pay you for use of the video and call it a day.

      --
      - Michael T. Babcock (Yes, I blog)
    4. Re:How about trying the cops? by AK+Marc · · Score: 1

      In practice, the FBI would ask you how much cash you had that is gone now because of their actions. $0? Then quit bugging us. The FBI ran a "report 419 scammers" campaign. So I did. They told me to stop reporting them unless I had an actual loss (And not even then, since I obviously know better).

    5. Re:How about trying the cops? by brit74 · · Score: 1

      I've heard in the past that FBI needs to see a $5,000 loss before they'll even consider taking on a cybercrime investigation. They've just got too many big cybercrimes to investigate to bother with small ones.

    6. Re:How about trying the cops? by tibit · · Score: 1

      You seem thoroughly confused about how copyright works. If it's derivative "enough", it means the owner of the rights of the work that is being derived from must give you permission to derive. It's doesn't take much for something to be a derivative work. I don't see how their use would be considered fair use.

      --
      A successful API design takes a mixture of software design and pedagogy.
    7. Re:How about trying the cops? by MikeBabcock · · Score: 1

      Go read the very lengthy document stored here: http://www.copyright.gov/title17/ and form your own opinions if you wish.

      IANAL, my opinion is worthless.

      --
      - Michael T. Babcock (Yes, I blog)
  21. He Has a US Address AND a US Registered Website by TechnoGrl · · Score: 2

    His PUBLICLY AVAILABLE registration information for his website, http://harunyahya.com, is as follows:

    Administrative Contact, Technical Contact:
    Publication, Global ms7uh6j58c5@networksolutionsprivateregistration.com
    Global Publication
    ATTN HARUNYAHYA.COM
    care of Network Solutions
    PO Box 459
    Drums, PA 18222
    US
    570-708-8780

    Record expires on 23-Jan-2022.
    Record created on 23-Jan-2000.
    Bulk whois optout: N
    Database last updated on 23-Sep-2012 14:42:05 EDT.

    Domain servers in listed order:

    NS1.P03.DYNECT.NET
    NS2.P03.DYNECT.NET
    NS3.P03.DYNECT.NET
    NS4.P03.DYNECT.NET

    Both the address and phone number are fake (they apparently are the address and phone of Network Solutions itself. However you CAN sue Network soultions in small claims since they are now attached to his company. Sue them in small claims for damages and ask alternatively that they hand over all the information that they have on the person. Attempt to take over his website via court order in small claims (it's an asset).

    There is also a Wikipedia page about the guy
    http://en.wikipedia.org/wiki/Adnan_Oktar

    Also: Some states allow injunctive relief (court order for youtube to take down the site) in small claims court and some do not. If your state does then file and ask that the site be taken down in addition to other damages.

    --
    ----- In Your Cubicle No One Can Hear You Scream...
    1. Re:He Has a US Address AND a US Registered Website by Anonymous Coward · · Score: 0

      Additionally we should signal the video as scam to youtube.

    2. Re:He Has a US Address AND a US Registered Website by TechnoGrl · · Score: 3, Interesting

      Some follow up:
      This man is a both a criminal (drugs and racketeering) and apparently very much a nutcase who lives in Turkey - a self described Muslim creationist extremist. Even if you get the youtube things taken down and his .COM websit shut down he will simply put up more websites .

      Consider carefully the consequences of getting involved with a criminal and nutcase living in a Muslim country who likely has followers in America as well.
      Your best bet may be to simply edit the Wikipedia page regarding your legal issues with him.

      --
      ----- In Your Cubicle No One Can Hear You Scream...
    3. Re:He Has a US Address AND a US Registered Website by PolygamousRanchKid+ · · Score: 3, Interesting

      Consider carefully the consequences of getting involved with a criminal and nutcase living in a Muslim country who likely has followers in America as well.

      In America when someone has a grievance with another party, rich folks sue them or poor folks shoot them. In Muslim countries the preferred method is to accuse the other party of blasphemy, which usually ends up with not so nice consequences for the accused party. The Economist had an interesting article on this: http://www.economist.com/node/21562262

      We hear about the Muslim on Non-Muslim blasphemy cases, but there seem to be plenty of Muslim on Muslim cases, as well.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    4. Re:He Has a US Address AND a US Registered Website by LaughingRadish · · Score: 1

      It looks like details of this are already being added to Wikipedia.

    5. Re:He Has a US Address AND a US Registered Website by Psyborgue · · Score: 1

      I don't think the guy put the video up. He has his own video section on his website and doesn't use YouTube. I think this was done by one of his "fans".

    6. Re:He Has a US Address AND a US Registered Website by Psyborgue · · Score: 1

      Ignore my comment. I didn't look hard enough. It's probably the same guy.

    7. Re:He Has a US Address AND a US Registered Website by Joe+Decker · · Score: 1

      There is no US federal small claims court. In the US, copyright law is federal. This poster is pretty much f'd without a lawyer.

    8. Re:He Has a US Address AND a US Registered Website by Nyder · · Score: 0

      Some follow up:
      This man is a both a criminal (drugs and racketeering) and apparently very much a nutcase who lives in Turkey - a self described Muslim creationist extremist. Even if you get the youtube things taken down and his .COM websit shut down he will simply put up more websites .

      Consider carefully the consequences of getting involved with a criminal and nutcase living in a Muslim country who likely has followers in America as well.
      Your best bet may be to simply edit the Wikipedia page regarding your legal issues with him.

      to be fair, most religious people are nutcases.

      --
      Be seeing you...
    9. Re:He Has a US Address AND a US Registered Website by Anonymous Coward · · Score: 0

      Yes, give in to the crazy nutbag. That will certainly show him!

    10. Re:He Has a US Address AND a US Registered Website by tibit · · Score: 1

      You've never heard of private domain registrations?! That's what it is, there's nothing "publicly available", and nothing is "fake". Google is your friend.

      --
      A successful API design takes a mixture of software design and pedagogy.
  22. Be happy you CAN sue them... by evilviper · · Score: 1

    You're complaining that you'll have to file a lawsuit to defend your copyright. Boo hoo.

    You should be HAPPY that you have the ability to simply file a lawsuit. If they hosted their video on their own servers, in another country (rather than YouTube), you'd have no practical recourse.

    In this case, you file a case in a court that's close to home, the accused doesn't show-up at all, you win by default, and YouTube does what you want. And if by chance they DO show-up, then you've got more of a fight on your hands, but you'll be able to get legal fees and impose fines on the individuals located in the US.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:Be happy you CAN sue them... by AK+Marc · · Score: 1

      Not quite. The "other party" has a .COM site, he can sue to seize that as a party to the infringement. So even if it were a hosted file on a non-US server, the site address is still a US asset.

  23. Not sure why slashdot is being asked here... by Volante3192 · · Score: 1

    My suggestion would be getting in touch with the EFF...

  24. Messing with them? by Anonymous Coward · · Score: 0

    Hi Scott,
    You want this video down and you have made one take-down request. Ok, send another, as is your right in the DMCA. Also state you are the copyright owner of the images contained and include proof. Google should then take down the video again and ask the other party to make legal representation to you.

    Also if you really want to mess with them and have some tie to waste can use Shazam or similar you can source where they get their music from and inform the music's copyright holder. Then go through all the videos posted by this user and do the same. By then Google will be getting multiple DMCA requests from multiple parties for a single user, this will result in them suspending all this users videos and their account.

  25. lol by Anonymous Coward · · Score: 0

    have you tried contacting them and asking why they feel they own the rights?

    1. Re:lol by szyzyg · · Score: 1

      They have not responded to may e-mails, I have had contact with one person, but he was not directly resonsible for the content.

  26. Re:Good Job, Scott Manley by tepples · · Score: 5, Insightful

    The video used my name, and picture and implies that my research supports their creationist message.

    Then you likely have a defamation or publicity claim to add to your copyright infringement claim. Make sure to bring these up at the initial consultation with your lawyer.

  27. The DMCA by jbolden · · Score: 2

    The DMCA is designed to force content distributors like YouTube to take action to get on the record statements. They did that. At this point they now have your statement made under "good faith clause" and the church's statement made under penalty of perjury.

    Assuming your version of events is correct you have a situation where the religious organization is engaging in perjury. The problem is civil perjury is rarely prosecuted. Generally the system responds to perjury via. large awards. So in your case if you sued you would be likely to get a large reward that you wouldn't be able to collect on.

    However, YouTube is potentially involved in contributory infringement if you notify them. Provide them a complete set of documentation proving your claims and then they are on the hook. What happens from there is up to them. Suing YouTube is not going to be cheap but then again they are unlikely to care enough for you to have to fight them.

  28. too bad you're not a corporation by dryo · · Score: 1

    Of course, if you were a corporation such as a distributor, music label or movie studio, you could instantly delete the offending content, no questions asked. Seriously, I'm not kidding. In the land of YouTube, alleged copyright holders such as performing rights organizations can take other people's content down with no proof of ownership. If the claimant is a powerful corporation, they can do whatever they want. The person against whom the claim was made can dispute the claim, but the corporation can immediately dismiss the claim. That's right. YouTube does not arbitrate. It's assumed that the corporations always hold the moral high ground, and individuals are nothing but scumbag pirates out to destroy the economy.

    1. Re:too bad you're not a corporation by AK+Marc · · Score: 1

      No, the issue is that most people living in the US are unwilling to commit perjury to get the video re-posted. It's not that the people aren't listened to, it's that so few counter-claim. Though there have been other cases posted on Slashdot that demonstrate people successfully counter-claiming under fair use.

  29. You're screwed. by SuricouRaven · · Score: 4, Insightful

    It's always been this way. Law is expensive. Lawyer costs, court costs, transport, time off work. Even when the case is open-and-shut, it'll cost a small fortune to fight. This isn't new: It goes back as far as law does. Call it the cynic's golden rule: He who has the gold makes the rules.

    You came here hoping someone would offer you the legal magic bullet - some way that lets you bypass all the expensive bits in between where you are now and where you legally should be. But there isn't one. This isn't even a politically important case, so you can't expect any activist group to come to your aid with money and experts. Basically, you're screwed. You really only have two options:

    1. Accept it. Let them have your video.
    2. Get MAD. Spend your savings and go through some legal hell. You'll win, easily, but all you will win is petty revenge. The victory will hurt more than just giving up. With a bit of luck you might be able to get them to cover some of the legal costs, but don't count on that even covering all the expenses.

    1. Re:You're screwed. by Missing.Matter · · Score: 1

      With a bit of luck you might be able to get them to cover some of the legal costs, but don't count on that even covering all the expenses.

      Copyright is a loser pays system. By law, you can get them to cover all your legal expenses, with interest. In terms of mounting an offense, if you have a registration, and you can show they don't have a license to use your content, the case is pretty open and shut.

      That said, the biggest problem is probably serving them, since they're in another country. Once you do they probably won't answer the summons and be held in default. Then the second biggest problem is probably collecting, again for the same reasons.

    2. Re:You're screwed. by fm6 · · Score: 1

      Not quite that bad. He can't suppress the ripoff video, but he might be able to get it taken down. The fact that he's done little to establish copyright (no notices in the video) might make that more difficult.

    3. Re:You're screwed. by Missing.Matter · · Score: 1

      The fact that he's done little to establish copyright (no notices in the video) might make that more difficult.

      The video is labeled as covered under the standard Youtube license, which reserves all rights of the copyright holder. This is stated clearly under the video.

    4. Re:You're screwed. by fm6 · · Score: 1

      A usage license is not a copyright. All the SYL does is Youtube and its users the right to access the video. There's nothing in it that establishes copyright.

      The guy might still own the copyright. IANAL, so I'm not going to state that with certainty. I do know that anybody who wants to protect their content is well-advised to include standard copyright boilerplate — which he neglected to do.

    5. Re:You're screwed. by cpt+kangarooski · · Score: 1

      Boy, you had me scared for a minute there with your talk of bypassing expensive legal fees. Thank goodness it's not true. ;)

      --
      -- 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.
    6. Re:You're screwed. by cpt+kangarooski · · Score: 1

      I think you'll find that in a copyright suit the plaintiff is allowed to ask for reasonable legal fees and costs. But there is no guarantee that a court will grant it, and no guarantee that the defendant will be able to pay it.

      --
      -- 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.
    7. Re:You're screwed. by Missing.Matter · · Score: 1

      The mere fact of publishing it establishes copyright. That's how it works in the US; there is no need to register copyright unless you want to go for statutory damages (maximum award of $150,000). He'll probably need to prove he owns the copyright... easy enough to show by providing the source files used to make the video. The license establishes the fact that the other party did not have the right to use the content. These two elements together build a case of infringement since the infringers can't show a) they made the video and b) they had license to use the video.

    8. Re:You're screwed. by fm6 · · Score: 1

      The mere fact of publishing it establishes copyright

      Not denying that. But dude, IANAL, YANAL, and any lawyer will tell you it's easier to defend your your copyright when you do the boilerplate.

    9. Re:You're screwed. by Anonymous Coward · · Score: 0

      3. Crowd fund your legal quest.
      Not only you get publicity and public awareness, you get your funds and maybe some extra to a documentary...
      Even if you don't win, you get to shame them, fund a documentary how the legal process works and profit!

    10. Re:You're screwed. by Anonymous Coward · · Score: 0

      It's always been this way. Law is expensive. Lawyer costs, court costs, transport, time off work. Even when the case is open-and-shut, it'll cost a small fortune to fight. This isn't new: It goes back as far as law does. Call it the cynic's golden rule: He who has the gold makes the rules.

      Or, in other words, legal professionals write the laws (most members of Congress are legal professionals, as are large numbers of Congressional staff members), plus legal professionals prosecute, defend, and judge the cases, often creating precedents that modify the laws in complex and often contradictory ways in the process.

      Creating and maintaining a legal system which forces people to hire legal professionals for long periods of time at very high rates of pay is in the interest of legal professionals.

      In ethics terms, what we have here is known as conflict of interest. Our legal professionals must decide whether they work to build a legal system that makes sense and works with reasonable efficiency, or whether they instead work to build build unnecessary complexity into the system to benefit their profession. Take a quick look at our laws to see which one they've decided to do. Do you really think that it was an accident that the recent attempt at national health-care law resulted in a law that exceeded 400 pages?

      No other profession attempts to decide for itself what constitutes ethical conduct. Did I mention that legal professionals, as a profession, also get to decide for themselves what constitutes "reasonable" fees?

      The net result is: we end up with a complex, confusing, time-consuming, cumbersome, often contradictory legal system, and lots of associated bureaucracy, which very few people have the time, money, or knowledge to deal with, forcing those that can to hire legal professionals.

      All of the nonsense resulting from ethical conflict of interest on the part of legal professionals also results in lots of infringements of fundamental rights, but that's the price we pay for keeping lots of legal professionals employed at lucrative salaries with good job security. Think of all the negative consequences for society if these people were instead unemployed.

      There are some legal professionals that are ethical, competent, individuals with high integrity, but the system as a whole is long past due for a major reform.

    11. Re:You're screwed. by mike4ty4 · · Score: 1

      So then, the full protection of law is only available to the rich. Law: By and for the rich, not so much by and for the people.

    12. Re:You're screwed. by mike4ty4 · · Score: 1

      Huh? Wouldn't it be a *good* thing if there were some way that the less-well-off could be afforded the full protection of the law? The ones who need it the most...

    13. Re:You're screwed. by vertigovegan · · Score: 1

      It will be easier to prove that someone knew they were violating copyright if they removed the copyright logo, however, this video is covered by fair use, therefore, it doesn't matter. Well, with the slight exception that if the allegations are right, this video may have caused the copyright holders video to be wrongly flagged by the content aware system, but I think that has more to do with youtube and wasn't the intention of the fair user, but still, it could be viewed as an infringement just based on the pennies that the author did not receive as a result.

  30. Doing one's homework for the initial consultation by tepples · · Score: 5, Interesting

    You nailed it. Legal questions in Ask Slashdot are requests for the community's help in performing steps 1 (understand the basics of the law) and 2 (understand the costs and benefits of suing) in order to become better prepared for step 3 (initial consultation with lawyer).

  31. Fair use and Free Speech by vertigovegan · · Score: 3, Interesting

    That guy may be grossly misinterpreting your data, but it almost seems like a fair use of the video, as absurd as the usage and interpretation is. Would you want to be limited as to usage of video clips in this way? And what would this say for free speech, which is supposed to protect this sort of speech, even though we find it ridiculous.

    1. Re:Fair use and Free Speech by preaction · · Score: 1

      It is absolutely okay for the person to say whatever they want. It is not okay to steal the greater portion of someone else's work to say it. If it were a small picture, or representative clip, sure, but it's a large portion of the original video, in between two other videos. One could make the argument that they are using the work to comment on the work, but they are not commenting on the work itself, they are commenting on the facts the work expresses.

      Fair use is vague, of course, but this derivative work would have a very hard time winning a suit with that argument.

      I am not a lawyer. This was not legal advice.

    2. Re:Fair use and Free Speech by vertigovegan · · Score: 1

      Nonsense, the video is speed up and cut into pieces with overlays and changed from the original work. Why would you want restrictions on this kind of alteration of a work? Do you realize how destructive that would be to everyone? This is fair-use, plain and simple. When you know that fact, the above question to Slashdot falls to pieces, and it's actually the original author that seeks to violate the rights of others, albeit, crazy others.

    3. Re:Fair use and Free Speech by preaction · · Score: 1

      Taking the US legal tests for fair use:

      1) Purpose and Character: It seems to me the creator of the derived work is using the work to supercede the original. In my opinion, it is not transformative, the work is being used for the facts it represents. The original work inside the derived work is being used for its original purpose.

      2) Nature of the copied work: The work appears to be informational, though not so important to society as to invalidate its copyright. It is itself not a fact or an idea, but an artistic representation of them.

      3) Amount and Substantiality: The derived work contains a large portion of the original work. It's not merely a sample, and even that would apparently not definitively protect it under fair use.

      4) Effect upon work's value: Here's a questionable one. What is the value of a work given freely? The religious speech of the derived work cannot be used to claim adverse effect, so this argument might actually work.

      The slippery-slope argument you attempt is no defense here. "It is because it is" is also not a defense. For what reasons could the use of the original work be considered fair use other than what I've attempted to present?

      I am still not a lawyer. This is still not legal advice. I do think I missed my calling.

    4. Re:Fair use and Free Speech by Anonymous Coward · · Score: 0

      I am not a lawyer. This was not legal advice.

      I can tell. No one objective and aware of the laws would use the word "steal" to describe this situation.

    5. Re:Fair use and Free Speech by Fred+Ferrigno · · Score: 1

      Honestly, if it's not covered by fair use under the law, it should be. They provide proper attribution (although the OP would rather they didn't) and there's more to it than just redoing the audio. It has the basic structure of a news segment on the video. Surely the OP wouldn't mind if the BBC made a similar video with different commentary.

      Clearly the objection is about who made the video and what they're saying with it, not copyright. In that case, the proper response is to not to prevent their speech, but to use your own speech to criticize it.

    6. Re:Fair use and Free Speech by Anonymous Coward · · Score: 0

      It is possible that is a derivative work which would deserve it's own copyright, but if they are based outside the US, and you are able to properly serve them, it's not likely they will show up for court, in which case you could move for a summary judgement. If you have filed copyright papers, etc. you might be able to size their assets like their web site, or even a US based bank account, Etc.

      Even if they show up for court, it's likely that it will be easier for you to attend. But if it isn't worth the time and effort to attend a few days of court and you don't have the $$ for a lawyer than you probably have to accept things as they are.

    7. Re:Fair use and Free Speech by tibit · · Score: 1

      Proper attribution got nothing to do with fair use, those are separate and entirely orthogonal issues. Fair use is subject to standard tests, see post above.

      --
      A successful API design takes a mixture of software design and pedagogy.
    8. Re:Fair use and Free Speech by Fred+Ferrigno · · Score: 1

      In the very first sentence of my post, I said it should be covered under fair use, even if the law says otherwise. I'm no lawyer and neither is the poster you linked to.

      The bottom line is that this guy is trying to use copyright to stop speech he doesn't agree with. (Speech I disagree with as well.) If the law says he can get away with it, that's great for him, but that means there's a larger problem with the law itself.

    9. Re:Fair use and Free Speech by vertigovegan · · Score: 1

      I repeat: The work has been altered. It's not substantial. It has been reduced in size, speed up, interrupted, commented on, put side by side, etc. The video in and of itself would be pretty boring to watch straight through. He modified it for commentary.

      He is trying to educate and warn the public. He is making a commentary. He is not seeking commercial gain or to supersede the marketplace with his work, he even gave credit to the author. He did not say the author of the video supports his interpretation, but that's another issue.

      This is fair use. You're trying to spin your interpretation as it being substantial but we're talking about a video, not a book. It's not substantial to speed up and modify and cut into thumbnails for comparison and commentary.

      You're exaggerating and essentially lying.

    10. Re:Fair use and Free Speech by Sqr(twg) · · Score: 1

      Mod parent up.

      This guy is using parts of a video in a larger context where he gives his own interpretation. (Essentially "asteriods did not exist before they were discovered, as they were created by God in that instant.") This should be considered "fair use" in most contries. (If that were not the case, then it would also follow that you could not use clips from his video to demonstrate how stupid some religous nuts can be.)

      Youtube has a "comment" function. Censorship is not the way to go.

    11. Re:Fair use and Free Speech by tibit · · Score: 1

      Again, those are orthogonal issues: protected free speech can run afoul of copyright laws, and in that case copyright laws win. I think there's case law to show just that. Why would that be a problem with copyright law? Have you thought through what it'd mean if free speech trumped copyright? Every cinema owner would claim exercise of free speech and would give a middle finger to the distributors in place of a check. Yeah, that'd sure as heck work.

      --
      A successful API design takes a mixture of software design and pedagogy.
    12. Re:Fair use and Free Speech by qubezz · · Score: 1

      I don't care to watch the pirated religious video, but it seems more the case of the organization using someone else's data retrieval and computer visualization video elements instead of employing the expense and expertise of making own video content. They can state that God created asteroids to smite non-believers using their own non-infringing crayon drawings, but chose to employ someone else's copyrighted work to further their agenda, not to make fair-use comment on it.

      The video is a visualization of asteroid orbits, with them appearing chronologically upon date of their discovery, using public data (not copyrightable). The religious wackjobs probably have no idea what the word ephemeris means, let alone how to program a computer to visualize thousands of them, so they co-opted someone else's work and perverted it's origin and educational value.

    13. Re:Fair use and Free Speech by camperdave · · Score: 1

      Is the original video a creative work, or merely a presentation of data? It's just an animated graph, after all. Anything of artistic/creative merit was in the audio, which was removed. In fact, anyone can recreate the video from published data, so unless there is some watermark information (ie, fake asteroids) there is no indication that the video portion in question was even lifted from the originator's video.

      Unfortunately, the guy's already Striesanded himself. He shouldn't have linked to anything.

      --
      When our name is on the back of your car, we're behind you all the way!
  32. Re:Good Job, Scott Manley by OzPeter · · Score: 2

    The video used my name, and picture and implies that my research supports their creationist message.

    And on one image they even left in "© Scott Manley" visible.

    --
    I am Slashdot. Are you Slashdot as well?
  33. This is one of those things SOPA would've helped by bugnuts · · Score: 0

    Too bad it was such a horrible piece of legislation.

  34. Pro DMCA, Pro Copyright post on Slashdot? by devleopard · · Score: 0

    Wait, it's a "religious organization", in which case all values fly out the window. If this was an atheist organization pilfering a church's video and redubbing, it'd be "fair use", no?

    --
    The best thing about a boolean is even if you are wrong, you are only off by a bit.
    1. Re:Pro DMCA, Pro Copyright post on Slashdot? by AK+Marc · · Score: 1

      If they were doing so to comment on or satire the original work, yes. If they are just doing it because they are too lazy/incompetent to generate their own graphic, then no.

      In this case, the original work is presented as the original work (numbers quoted, attribution given), and repeated multiple times.

  35. Re:Why else should Youtube take the video down aga by Missing.Matter · · Score: 2

    Filing only costs $350, and you can save yourself some money and file it per se. They're not very likely to bother you after that.

  36. Not timely by bugnuts · · Score: 1

    It would still have to be before it was published.

    While performances and demos are not considered publishing unless you're offering to sell (or something like that... might be in the FAQ or circular 40a), it's arguable that posting on YouTube is an act of publishing.

    But because you didn't register it, you probably can't get punitive damages.

    1. Re:Not timely by Missing.Matter · · Score: 2
      You must register with the copyright office before infringement or within 3 months of publication. It seems like this video was uploaded Sep. 6, so the author still has plenty of time to register.

      you probably can't get punitive damages.

      I believe you mean statutory damages. The copyright act does not provide for punitive damages, and therefore registration would not be a prerequisite for trying for them.

    2. Re:Not timely by vertigovegan · · Score: 1

      I think you have 3 months after publication to register but it costs more and you might have to send 2 copies.

  37. Fair use? by devleopard · · Score: 1

    Not sure why the religious org would lie and claim ownership. After all, I think fair use applies (whether or not you agree with the use):

    1) Satire.
    2) Did you create the video (looks to be an animated rendering), or is it mashed up? If it's your original content, then there's some protection there, but you can't copyright facts. The same organization could take the source data, and assuming they used the same software you used, would the end product be materially different?

    That said, IANAL, but I do believe there are limits on how much of the original content one uses. I can create a satirical derivative of your work all day long, but I don't think I can use the entire thing, only a portion.

    --
    The best thing about a boolean is even if you are wrong, you are only off by a bit.
  38. Forget Slashdot advice by Registered+Coward+v2 · · Score: 1

    Talk to a lawyer. It may cost a bit of money to do this, unless you can find a lawyer that will do it pro-bono; but you need to know what your options are and what you are getting into. A simple lawyer's letter to YouTube may be enough, or you may need to go to court to enforce your rights. At least get competent advice; not the random collections of /. drivel and musings.

    --
    I'm a consultant - I convert gibberish into cash-flow.
    1. Re:Forget Slashdot advice by Culture20 · · Score: 1

      A simple lawyer's letter to the violator might be enough too. Consult a lawyer.

  39. Re:How to fight it... Don't by devleopard · · Score: 1

    As I pointed out in my other post, using some of your video around scientific facts could be construed as satire. However, using your image and name isn't cool, if they haven't identified it as satire. Even if they did, I think this isn't a copyright issue, but a libel issue. The video isn't the issue, but your personal character and reputation. Moreover, I believe libel claims have less gray area than copyright, and even if the video isn't a for profit venture, you can get money out of a libel claim.

    --
    The best thing about a boolean is even if you are wrong, you are only off by a bit.
  40. Re:Why else should Youtube take the video down aga by Bryansix · · Score: 2

    Are you being purposefully ignorant considering that IN the video the guy admits that Scott created the video?

  41. Re:How to fight it... Don't by TechnoGrl · · Score: 3, Informative

    Before you do anything at all consider this web page:
    http://mukto-mona.net/debunk/harun_yahya/index.htm

    which states that Adnan Oktar (aka Harun Yahya) and his followers have a history of using both extortion and violence against anyone who interferes in their criminal enterprises. With that said perhaps your best bet would be to pursue another DCMA process with YouTube along with proof that you own the media as another commenter suggested.

    --
    ----- In Your Cubicle No One Can Hear You Scream...
  42. Re:Why else should Youtube take the video down aga by Rossman · · Score: 1

    Oh man, only $350? I'd pay that filing fee!

  43. If you have a problem... by Anonymous Coward · · Score: 3, Funny

    If no one else can help, and if you can find them, maybe you can hire the A-Team.

  44. Re:Doing one's homework for the initial consultati by MightyMartian · · Score: 0, Offtopic

    So you're saying I shouldn't submit my question about what to do now that I've killed my landlady, ate her kidneys, posed as her daughter and emptied her bank account, and now need a solution to the smell emanating from the floorboards where I buried her dismembered remains?

    Phew, glad you told me. I'll phone a lawyer and a fumigator instead.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  45. Re:Why else should Youtube take the video down aga by Anonymous Coward · · Score: 0

    That's why the DMCA is bullshit. It encourages a 'shoot first, ask questions later' mentality and forces the website to remove the content. You should have to see a judge to have it removed (at the very least) in the first place.

  46. DCMA is not for you by fredprado · · Score: 0

    That is a typical example that shows that DCMA is only useful for big corporations. If you had dared to use a few chords of a copyrighted song and RIAA decided to remove your videos it would be done very quickly, rest assured.

    1. Re:DCMA is not for you by Anonymous Coward · · Score: 2, Informative

      That is a typical example that shows that DCMA is only useful for big corporations. If you had dared to use a few chords of a copyrighted song and RIAA decided to remove your videos it would be done very quickly, rest assured.

      You misunderstand what the DMCA takedown request actually does.

      This portion of the DMCA allows the victim to file a claim with a third-party hosting provider (youtube in this case) stating that someone (the unnamed religious organization) has infringed on your video which is protected by copyright.

      Acting on the request, youtube can take down the video and allow the unnamed religious organization to respond, identify themselves and claim that they do not infringe the victim's copyright. Youtube can then put the video back up.

      Having identified the infringer, the victim can then sue the unnamed religious organization for damages.

      By following the DMCA takedown request law, youtube has no liability for copyright infringement.

      The DMCA takedown request does not create or eliminate liability by the infringer. It merely serves to identify the infringer so that the victim can sue in court.

      If the infringer doesn't identify themselves, then youtube must keep the video offline, or if youtube puts the video back up, youtube now runs the risk of liability for copyright infringement.

    2. Re:DCMA is not for you by fredprado · · Score: 1

      I understand how it works exactly. It makes easier for right holders with money to directly prosecute people without as much money that happen to incur in the obvious crime of fair use. It is more often than not abused to take out basically anything one wishes on the fear of the media service to be prosecuted by not complying.

      Youtube, being backed by a huge corporation and all is certainly more resistant to DCMA bullying, but any small guy will bow to a RIAA or MPAA request, regardless of any real right they might or might not have over the work.

  47. you haven't suffered harm. by Anonymous Coward · · Score: 0

    You still have your original video, yes?

    Copying isn't like stealling a car. If you copy a video, the original video still exists. Nothing has been lost, only duplicated. It's like someone making a perfect copy of your car, but you still have the one you had, so you have not been harmed.

    Best solution is to realise that on the internet, any data you post in a public place can be copied by anyone at any time for any reason. Information wants to be free. There's no such thing as imaginary property. If you want to keep your data private, put it behind a password protected page.

    1. Re:you haven't suffered harm. by QuasiRob · · Score: 1

      It's not like someone making a perfect copy of your car, this is like someone making a horrible, bastardised, substandard version of your car, which other people then think is your car and think, by association, that you are a jerk.

      --
      If you try to fail and succeed, which have you done?
  48. Are you sure you won't be in danger? by UBfusion · · Score: 1

    If I were you, I'd do a LOT of research before even thinking about suing a religious organization. Especially if I had a family, wife and kids.

    1. Re:Are you sure you won't be in danger? by Psyborgue · · Score: 1

      It's a Muslim religious organization. He should be perfectly safe. It's the religion of peace after all.

    2. Re:Are you sure you won't be in danger? by d.valued · · Score: 1

      Bring up all the documentation from foreign press showing the guy's a charlatan and a swindler. Heck, try and find a friendly, competent local journalist to take up your story. I can see it now (fair warning: former journalist, my naughts were interesting when I wasn't in the depths of suicidal depression):

      FOX News Version: Islamic Leader Rips Off Scotsman
      MSNBC Version: Fake Muslim Leader Harasses Hard-Working Immigrant

      If the journalist does it right, they can get everyone on board (offensive language ahead - complaints department will be open from 2348 to 2349 on 30 Feb 2013, please leave comments then): the surface layer ignorant Joe Schmoes who just see some towelhead trying to do some kind of wrong; people with more than five functioning brain cells will see a cult leader that's trying to smear your name, and for extra bonus points, if you're really lucky, followers of the Prophet will be pissed that someone who has the audacity to claim to be one of them (a) has their religion so wrong; (b) has done so many disgraceful, disturbing, and disgusting things in the past; and (c) is being such an asshat to someone yadda yadda yadda.

      When it comes to keeping your eye out for other cultists... hell. there was that theft from the Scientology center that went unsolved all those years ago and --
      ---NO CARRIER

      --
      I used to be someone else. Now I'm someone better.
      Real life is underrated.
  49. flag it for spam by MoFoQ · · Score: 1

    then use a different approach...flag it for spam / mass advertising....with all those hyperlinks there...it can be viewed as attempting to do some form of SEO manipulation

    1. Re:flag it for spam by TheRealGrogan · · Score: 1

      I just gave the video a dislike, and then reported it as SPAM.

      We could help this guy by making sure the video gets flagged by a lot of people as inappropriate. It could be flagged for both mass advertising and misleading text.

  50. Asteroids by Missing.Matter · · Score: 1

    Coincidentally, I'm watching Deep Impact now on Netflix.

    Lots of asteroids, check
    Black president, check

    All the elements of the making.... this is fiction, right?

  51. No, no, no by fm6 · · Score: 4, Funny

    When somebody asks you for legal advice on Slashdot, you're supposed to give it. In case you hadn't noticed, simply having an account on Slashdot qualifies you as a legal expert, especially on IP issues. No legal training? No problem!

    1. Re:No, no, no by roc97007 · · Score: 2

      Yep. I once got stuck on a Unix problem .. file system issue on a critical system .. and I went right down and asked the cooks in the cafeteria. They gave me some advice. The system is being restored from backup now, but at least I tried. I see I have a meeting request from my boss first thing in the morning. Probably wants to commend me on my initiative.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    2. Re:No, no, no by fm6 · · Score: 1

      Your story is implausible. People who work in cafeterias generally know that they don't know anything about technology. I'm sure they know exactly how to fix the budget deficit, though.

    3. Re:No, no, no by roc97007 · · Score: 1

      Ok, you caught me. It was legal advice, not filesystem advice. I'm in jail now.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    4. Re:No, no, no by blahplusplus · · Score: 1

      "No legal training? No problem!"

      It doesn't require a law degree to understand when bad laws are passed by lobbyists.

    5. Re:No, no, no by fm6 · · Score: 1

      Agreed. Try reading my post a little more carefully.

    6. Re:No, no, no by jd · · Score: 1

      Given the stuff most lawyers come up with, I'm not so sure consulting Slashdot readers can be that much worse no matter how incorrect/blatantly stupid/illegal it might be.

      --
      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)
    7. Re:No, no, no by Anonymous Coward · · Score: 0

      Yep. I once got stuck on a Unix problem .. file system issue on a critical system .. and I went right down and asked the cooks in the cafeteria. They gave me some advice. The system is being restored from backup now, but at least I tried. I see I have a meeting request from my boss first thing in the morning. Probably wants to commend me on my initiative.

      "You look like managment material to me, here's your new corner office."

    8. Re:No, no, no by SecurityGuy · · Score: 1

      When somebody asks you for legal advice on Slashdot, you're supposed to give it in the form of a car analogy. In case you hadn't noticed, simply having an account on Slashdot qualifies you as a legal expert, especially on IP issues. No legal training? No problem!

      FTFY.

    9. Re:No, no, no by roc97007 · · Score: 1

      Yep. I once got stuck on a Unix problem .. file system issue on a critical system .. and I went right down and asked the cooks in the cafeteria. They gave me some advice. The system is being restored from backup now, but at least I tried. I see I have a meeting request from my boss first thing in the morning. Probably wants to commend me on my initiative.

      "You look like managment material to me, here's your new corner office."

      Yeah, that was it. Wait, no it wasn't.

      You raise an interesting point, though. It does sometimes seem like technical staff elevated to management are done so merely because they would do less damage there.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    10. Re:No, no, no by Anonymous Coward · · Score: 0

      Yeah, that was it. Wait, no it wasn't.

      You raise an interesting point, though. It does sometimes seem like technical staff elevated to management are done so merely because they would do less damage there.

      Aside from damage control, going out and talking with random people is a really helpful nature to have in a manager.

      (That's one of the reasons they constantly show up and interrupt you while you're trying to get work done to offer you coffee or ask how things are going, I think.)

      I was supposed to be a lot of things, but I've been moved from my roles as technical towards management, in part I believe because I'm easy to get along with, and everyone would rather have me as their boss rather than have me destroy all the productivity curves as a team member. The transition has been kind of rough, and the offices with windows have tons of monitor glare, but its pretty cool being able to dodge a lot of the "management" mistakes I've had to suffer through as a team member.

      Even so, visiting people and interrupting them during flow is still something I do. It's lonely sitting by yourself with your neck in the noose for your team... The interruptions make a lot more sense now that I'm on the other side of them.

      How did things turn out with your experience?

      I'll keep an eye on your userpage for the reply the next time I take a minute to get some more coffee for my team.

  52. Mod Parent up PLUS... by Anonymous Coward · · Score: 0

    Go to court anyways. Youtube is owned by Google, and both are US companies. You CAN get an injunction forcing Youtube to remove the video regardless of the infringer's country of origin. Best advice: talk to a lawyer and step up to the courtly batting box. Spend a little money to protect your interests. if you cannot, contact pro-copyright groups and see if you cannot get legal counsel or representation from one them pro bono.

    Copyright has problems but this is pretty clear cut and easy to solve without abusing the system or making things somehow worse. Just calm down, think things through and realize that Youtube is following the law, and if you want justice done you will need to use the law better than the other guys.

  53. Re:How to fight it... Don't by Patch86 · · Score: 1

    I'm going to assume that if they've put your name and face on the video, they can't genuinely argue that the video has nothing to do with you.

    If you haven't already, plaster your website with messages about their group, how you don't endorse them, and how they're lieing thieving gits. Tell them that you'll be happy to remove the messages if they stop infringing your copyright. It probably won't work, but at least you can give their reputationa good kicking. Speaking of which- you failed to mention the infringer by name in your submission. The YouTube submission is in the name of Harun Yahya, real name Adnan Oktar, a Turkish Islamic fundamentalist, creationist, conspiracy theorist and holocaust denier (so says Wikipedia).

    Looking at his Wikipedia page, it looks like this man is no stranger to court cases, but it's still worth going the legal route. I think you're British, right? In that case, go to your local Citizen's Advice Bureaux and ask them to hook you up with a good specialist lawyer in your area. Ask for a free consultation and see what they think. If they advise you not to bother, it might be worth just leaving it and moving on with your life.

  54. Hits a-plenty by Nukky+Cisbu · · Score: 1

    The irony here is we're giving lots and lots of view hits to the stolen video.

  55. Re:Good Job, Scott Manley by NewtonsLaw · · Score: 1

    Copyright infringers can't absolve themselves of guilt or legal liability simply by including the original copyright statement or acknowledging the copyright owner -- it's still against the law to use someone else's intellectual property without their expressed (by way of license) permission.

    Just try posting a popular movie from Sony or Warner to YouTube and see how you get on when you try to claim "but I left the copyright statement in".

    Confession may be good for the soul but it doesn't eliminate the crime.

  56. TFB by Ralph+Spoilsport · · Score: 2

    Boo hoo. It's Youtube. Get over it. If you make enough of a noise, you invite the Streisand effect. Don't go blaring about it. Just fuck them over. Like copy THEIR stuff into a new video and make fun of them. When they go "wah wah wah" and have it taken down, pull the same thing - declare that it isn't. The law isn't set up to help YOU, it's set up to help major corporations extract wealth from the working class. Claiming DMCA with idiots like that is like bringing a knife to a gun fight. You're not going to win, unless you are very fast and very good at throwing knives. Since you've piddled away a lot of time on this already, fast isn't going to help, so you need to nuke the fuckers. Don't advertise it, just destroy them. And then: get over yourself. Anything on the web is fair game. That's the new rule: it's a game of TEGWAR.

    --
    Shoes for Industry. Shoes for the Dead.
    1. Re:TFB by Hatta · · Score: 1

      If you make enough of a noise, you invite the Streisand effect.

      The Streisand effect may work in his favor in this case. More people will see the offending video, but they'll also be aware that the original video exists and that it has been misappropriated. If you have to choose between 100 people seeing the bad video, and 10,000 people seeing both videos and being informed about the lies, I'd take the latter any time.

      --
      Give me Classic Slashdot or give me death!
    2. Re:TFB by swillden · · Score: 2

      When they go "wah wah wah" and have it taken down, pull the same thing - declare that it isn't.

      You're recommending that the guy commit perjury. Now, it's likely he'll never get called on it, but he could, and "But they did it to me first!" isn't a valid defense.

      Bad advice.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    3. Re:TFB by Anonymous Coward · · Score: 0

      Yeah, do the same thing? But he is in the United States and with the way Amerika works they will have some law enforcement bureaucrat at his door and he'll be locked up for life. You could begin an information war campaign against them. Point out what an unscrupulous organization they are, leave comments on their site and so on. But, why bother? Anyone with a religion is a primitive nut and they never posses the critical thinking skills necessary to grasp reality, so your war would be pointless. Are they making money off this? If so, you might consider hiring a lawyer. If not, what are you going to do? These are nuts...

    4. Re:TFB by Anonymous Coward · · Score: 0

      How is it perjury to do exactly what they did to him? At worst this is "fighting fire with fire", which, unless violence or other extreme methods are involved, is not against the law.

    5. Re:TFB by datastew · · Score: 1

      Actually, since their stuff is based on his stuff in the first place, I don't see how it could be perjury.

    6. Re:TFB by mike4ty4 · · Score: 1

      "The law isn't set up to help YOU, it's set up to help major corporations extract wealth from the working class." Excellent summary of just what is so TERRIBLY, HORRIBLY, CRUELLY WRONG with this country and world. It is despicable.

    7. Re:TFB by mike4ty4 · · Score: 1

      The law isn't set up to help YOU, it's set up to help major corporations extract wealth from the working class.

      And that's a BAD, BAD THING! If there's anything here we should be OUTRAGED about, it is THIS!

  57. What DMCA is for by gnasher719 · · Score: 1

    DMCA (the part you are talking about) is there to make it possible for websites to be run without being sued all the time, to help copyright owners to act fast against copyright infringement, and to allow innocently accused parties to publish non-infringing material.

    What happened to you goes past what DMCA is there for. The website can refuse to remove the materials - in that case they risk becoming part of any court case. The infringer can insist on continuing to infringe. In that case things go to court. Now _if_ you are correct and they are infringing, they have just added substantially to their wrongdoing by making claims that they own the material.

    There are severe penalties for acting against the DMCA rules. If you accuse someone of infringing when you are not the copyright holder, and likewise if they claim not to be infringing when they are. Probably worse than the copyright infringement.

  58. Send them an invoice. by HungryHobo · · Score: 1

    ask a lawyer first but:

    Send them an invoice for the use of your video. (for a reasonable amount)
    if they don't pay try small claims court for non payment of the bill.

    1. Re:Send them an invoice. by O'Nazareth · · Score: 1

      I think he would have to do this if Turkey had compulsory license provision in its copyright laws for Youtube video. And I doubt that. So I would not send them a bill for licensing, which would allow the other to continue to use the video. A proposition of settlement for damages would be better. Though I do not know if I would agree on the approach.

  59. Necessary Mumbo Jumbo by fm6 · · Score: 1

    IANAL, so take this with the usual sodium supplement.

    I notice that your video contains no copyright notice of any kind, As I understand it, this doesn't actually give away your ownership, but it does make it a lot of difference enforcementwise.You might want to do a little reading so you can better protect your work in the future.

    It's also worth remembering that Youtube is very much about repurposing other people's content.. You can fight this with legal boilerplate and takedown notices, but really you're going against the spirit of the place.

  60. Re:wut by Anonymous Coward · · Score: 0

    I thought it was illegal to be this kind of stupid...

  61. YouTube is owned by Google... remember? by Anonymous Coward · · Score: 0

    This means you are kinda [censored]. Whoever has tons of money can tell Google what videos they want taken down, and they will claim rights over any video they can see that will make them some profit. Trying to dispute is incredibly difficult, if not impossible. I wish Google never bought YouTube.

  62. bring money by cratermoon · · Score: 1

    Congratulations, you've illustrated perfectly one of the major problems with the DMCA. Written by corporations for corporations, the law implicitly equates a rights owner with a person or institution that has substantial resources to pursue and litigate violations. Nowhere in the law is there relief for the individual creator or small business whose works are appropriated by another party that has money and lawyers.

  63. YouTube needs to evolve by NuclearKangaroo · · Score: 1

    Cases like this have got to be a dime a dozen. As much as registering your work with the Library of Congress helps, it won't until you get to the expensive part where lawyers are involved.

    I'd like to see YouTube provide the option of registering your work with THEM. If you're the first person to upload specific material to them, that should count as a tie-breaker in such cases as these. They look at the original asteroid video, they look at the subsequently uploaded video (which will also have slightly poorer video quality after being re-encoded), and then the latter video gets denied if they try what they're trying here.

    A watermark embedded by YouTube on encoding would also help make it difficult for people to pull material from their site, and repost it as their own.

  64. no sympathy for you by frovingslosh · · Score: 1

    All you are willing to say about them is problem with a religious organization ???? If you are so cowardly that you are not even willing to name those who you claim have wronged you, then you deserve the treatment that you get.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:no sympathy for you by VAElynx · · Score: 1

      Come fucking on. In the video he linked, they name themselves, so why repeat what is said already?

  65. CONTACT THEM by Anonymous Coward · · Score: 0

    Don't waive any rights, but ask them if they think they made the video, or if they purchased it.

    Most likely --the purchased the video from some kid or company that ripped it off. The average church just doesn't even have the fucking expertise to youtube.

    I've worked at more than one place that hired 'media consultants' to make a video, only to get served with DMCA notices I had to sort out because they went with the lowest cost bidder.

    Yeah, the consultants should never be used again, but *our* people filed the counter notification. And then crumbled in a hurry a week later. Why? Well, the damned moronic idiots honestly thought they owned the content in question, despite not even had a word about their own licensing in the contract to a consultant making a work for hire.

    Now... there's always the chance that...they're just /assholes/.

    At that point, you've got two choices...Assuming they're a .com, I recommend you file against them, show a non response, and in the collections phase move to get their entire damned domain and youtube account taken down.

    Alternately, you can look into what jurisdiction they do exist in, and see if there's any way to start applying pressure through other channels.

    Just because they don't live in the US doesn't mean you can't take their US property as part of collecting damages with an appropriate court order.

    this could potentially include:
          - their domain
          - any systems pointed at it in the US
          - their youtube accounts
          - any balance in their paypal

    See your lawyer.

    And please try to resist any urges to change the video and content of their website to be filled with goatse and tubgirl.

  66. O well by SuperTechnoNerd · · Score: 1

    I'll say to you the same as I say to big media. - The one sure fire way to not have your shit taken by others is not to make it public.. Now put you big stick away..

  67. Read between the lines.... by Anonymous Coward · · Score: 0

    You came here hoping someone would offer you the legal magic bullet....

    He KNEW he was boned. But by coming here on Slashot, he got one hell of a sympathetic audience AND caused a shit storm on youtube against the people who fucked him over.

    Mission accomplished.

    Hat's off to szyzyg!

    Note: if this wasn't his intent, I'd be horribly disappointed!

  68. Don't spend a dime. by splitsevin · · Score: 1

    Post this to http://reddit.com/r/atheism and rally the troops. It's a huge, highly-motivated community that delights in challenging these sorts of offenses.

    --
    The enemy of my enemy is quite possibly also my enemy. I've made a lot of enemies.
  69. take their dub by Anonymous Coward · · Score: 0

    put different video, and use a similar name.

  70. You bite the bullet and go to court. by sstamps · · Score: 1

    It doesn't matter if they are in another country or not. YouTube is based in the US, so all you need is a default judgment from a US judge, mail the judgment to YouTube, and watch the video get taken down permanently.

    If you are also wanting to be awarded damages, then that's a whole 'nother ball of wax. You *might* get an award, but good luck ever collecting it.

    It sounds to me like you're not interested in damages, just getting rid of the offending videos would be enough. So, do it. It will cost a little bit, but that's the price of enforcing Copyright.

    Welcome to the Wonderful World of Intellectual Property Law!

    --
    -SS "Teach the ignorant, care for the dumb, and punish the stupid."
    1. Re:You bite the bullet and go to court. by drkim · · Score: 1

      It doesn't matter if they are in another country or not. YouTube is based in the US, so all you need is a default judgment from a US judge...

      That's true. You could actually just get a small-claims filing and send it to YouTube and they would restore the take-down. You don't even need the judgment, I think with YouTube, just the filing.

  71. So does anyone have any suggestions by Anonymous Coward · · Score: 0

    Don't use the government to solve your problems.
    Take matters into your own hands.

  72. GrokLaw by brindafella · · Score: 3, Informative

    Get a story off to www.groklaw.net and ask for publicity and advice there.

    --
    Looking at space, radio, science and computing from a 'down-under' amateur enthusiast perspective.
  73. Re:Good Job, Scott Manley by OzPeter · · Score: 1

    Copyright infringers can't absolve themselves of guilt or legal liability simply by including the original copyright statement or acknowledging the copyright owner

    My point was how blatant they were being .. not even trying to hide the infringement.

    --
    I am Slashdot. Are you Slashdot as well?
  74. So fight fire with fire by ubrgeek · · Score: 1

    register www.churchswhateverareabunchofthievingbastards.com. Put up your side of the story. When they complain tell them that you're willing to swear under oath that they, are in fact, a bunch of thieving bastards and so you have the right to keep the site up.

    --
    Bark less. Wag more.
  75. Re:Good Job, Scott Manley by Anonymous Coward · · Score: 1

    Oh, and don't hire Salman Rushdie's lawyer.

  76. Re:Doing one's homework for the initial consultati by hawguy · · Score: 1

    So you're saying I shouldn't submit my question about what to do now that I've killed my landlady, ate her kidneys, posed as her daughter and emptied her bank account, and now need a solution to the smell emanating from the floorboards where I buried her dismembered remains?

    Phew, glad you told me. I'll phone a lawyer and a fumigator instead.

    Just apply copious amounts of bleach and ammonia, that's guaranteed to take care of the real problem.

    Disclaimer: anyone who thinks this is serious advice should do some research first.

  77. But... but... but it's not fair by hoggoth · · Score: 1

    > the more lawyer you have the more 'equal' you are

    Welcome to reality.

    --
    - For the complete works of Shakespeare: cat /dev/random (may take some time)
  78. Re:Why else should Youtube take the video down aga by devent · · Score: 1

    And why are you modded 0 and and not 5 insightful? The OP have a claim, the religious group have a counter-claim. You need to take it to a curt. Why artists always insists on some kind of special rights? If my neighbour steals my car I need to call the police and prove that it is indeed my car. If the neighbour somehow states that it's his car, I need to sue him first. So why artists are taking it for graded that some kind of magic fairy should come, swing her magic wand and resolve all copyright claims?

    --
    http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
  79. Expose them to other religious orgs in their area by Anonymous Coward · · Score: 0

    Religious organizations typically know eachother and plot against eachother.

    Expose their behavior to other religious organization in their area and in their field.

  80. University legal department? by Guppy · · Score: 1

    Are you affiliated with a university? Their legal department might be willing to lend a hand if you teach there, or least give some advice on how to proceed.

  81. smells like astroturf by superwiz · · Score: 1

    This post smells like a Hollywood sponsored campaign to plant seeds of good will towards the next attempt to have some treaty to enforce US copyright laws globe-wide. You even picked the targets that you think the slashdot crowd would be sympathetic towards: good guy=independent science film maker; bad guy=religious group. Personalize the issue, because that's how people forget their principles.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  82. Re:Doing one's homework for the initial consultati by Anonymous Coward · · Score: 0

    Definitely not. That's more of a reddit question

  83. Re:if I ...file a court case against the infringer by TaoPhoenix · · Score: 1

    Hi there.

    Per one of my gripes a day ago, thank you for being actively involved in your Ask thread!

    My next question for you, and the /. crew at large, is ... why not ask one of the IAAL types here if they can do this Pro Bono? I'm a little fuzzy on what jurisdiction is legal to file in vs where you are, etc, but aren't we all saying the initial file is the easy part? Can't one of the IAAL gang here drill that off in like an hour?

    Slashdot Lawyers: Won't You Think Of The Little Guy?? : )

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  84. Re:wut by cyber-vandal · · Score: 1

    :-D

  85. Long-Term Solution for the OP: by Anonymous Coward · · Score: 0

    Join the army. Go kill the radical ragheads.

  86. oblique strategies might work by zuki · · Score: 1

    This really sucks, but from looking at this individual's Wikipedia entry he has successfully taken on far, far larger entities and caused enough trouble that it would seem as if he is some sort of well-funded masterful troll in his own way.

    I think (unless you really want to go the predictably expensive legal route) the best course of action would be to find a way to start some sort of grass-roots effort to deface his entries and comment on all of these posts so that YouTube and WIkipedia are continuously overwhelmed with negative posts explaining the ploy, especially if you can find people who do it in in native tongue.

    Then you can become a thorn on his side enough that at that time in my opinion he will just move on and pick other low-hanging fruits, driven by whatever motivates him and his organization of minions.

    And if your work does not contain copyright notices, this incident should be a strong incentive to do it from here on out!

  87. Easy Peasy by Anonymous Coward · · Score: 0

    Burn their church to the ground with everyone locked inside. Problem solved.

  88. Light is needed in darkness by Anonymous Coward · · Score: 0

    Scott is going about this entirely the wrong way. He is referenced as the original source of the video in the religious redub but the interpretation is wrong. Trying to remove the video does nothing to address the error in the editor's interpretation. He must be taught that the increasing number of asteroids as Scott's video progresses represents the total number of detected objects and not the total number of new objects. A DMCA takedown will not accomplish this. His quick blurb on the edited video's comment section also does nothing to accomplish the need to educate the ignorant. It merely says "delete this" which is unhelpful and confrontational.

  89. Re:Why else should Youtube take the video down aga by truedfx · · Score: 1

    What difference does that make? There are cases when it's okay to upload material containing copyrighted works for which you are not the copyright holder. Again, a judge can determine whether the material is appropriately licensed / ineligible for copyright protection / covered by fair use. That's not Youtube's job.

  90. Legal avenues have been exhausted. by Tastecicles · · Score: 1

    Time to use community pressure to obtain the desired result.

    --
    Operation Guillotine is in effect.
  91. Another video by anwyn · · Score: 1

    Put up another video saying that no one should join that religion, what ever it is, since its leadership is all liers.

  92. Fair use by countach · · Score: 1

    There's such a thing as fair use of your work in another work. While it sounds like these folks went well beyond fair use, it doesn't sound like you care enough to spend lawyer money argue the finer points.

  93. Talk to Youtube again by LaughingRadish · · Score: 1

    Have you tried talking to Youtube again? He said that he has permission to use your video. Well, say something like "The video is mine. I created it. He does not have my permission.". That shouldn't require a lawyer.

  94. File in small claims court by Anonymous Coward · · Score: 0

    It costs $35 to register your work w/ the U.S. copyright office and another $50 or so to file in small claims court, if you even have to do that. Once your work is registered w/ copyright.gov, Google may accept the registration as proof and remove the Harun Yahya's infringing material without further difficulty.

    In the mean time, if copy is the sincerest form of flattery and Harun Yahya is an Islamist creationist with any authority whatsoever, you should take great pride in being copied by a representative of God.

  95. Asteroid Mining Option by DanielRavenNest · · Score: 1

    Once I get my asteroid mining operation going, I will be happy to aim one in their direction. Just give me GPS coordinates to make sure I get the right target, and right size rock.

    (Targeting asteroids for the highest bidder is an often overlooked revenue source).

  96. Perjury is a crime by Anonymous Coward · · Score: 0

    If you can prove you own the video in question, and I'm sure you can, take your complaint to your local US attorney - it is his job to enforce US law. Maybe contact the US attorney where youtube is headquartered. In any case the opposing party (the thieves) have committed a crime by swearing under penalty of perjury that they own the video. Not that they will ever be caught but if you are successful you can probably keep them out of this country as you can likely get the US Atty to swear out a warrant for their arrest. If the US attorney is not cooperative contact your US Representative or Senator. Better yet go see them at some local meet and greet. If you are persistent and polite you will likely eventually get some where, but not fast.

  97. Re:How to fight it... Don't by Nyder · · Score: 1

    Before you do anything at all consider this web page:
    http://mukto-mona.net/debunk/harun_yahya/index.htm

    which states that Adnan Oktar (aka Harun Yahya) and his followers have a history of using both extortion and violence against anyone who interferes in their criminal enterprises. With that said perhaps your best bet would be to pursue another DCMA process with YouTube along with proof that you own the media as another commenter suggested.

    So this is a chapter of Scientology?

    --
    Be seeing you...
  98. What if everyone here flags a video by Anonymous Coward · · Score: 0

    as inappropriate. What would happen?

  99. Forget injunction against google. by www.sorehands.com · · Score: 2

    Get a declaratory judgment. Once a Court rules it is yours, then Google will listen. How much would Google spend to fight when it has no dog in the fight.

  100. Go to 4chan, hit /b/, ask for help by Nyder · · Score: 1

    I don't know, but this seems like something you need help with. And how likes to fuck with religious groups? Anonymous. How to get a hold of anonymous? 4chan, /b/, ask for help. Explain what is going on, and how you feel helpless to do anything about it.

    Peeps will get info, dox, and maybe even start some trouble.

    Because chances are, asking here isn't going to get shit done.

    --
    Be seeing you...
    1. Re:Go to 4chan, hit /b/, ask for help by splitsevin · · Score: 1

      Amen.

      --
      The enemy of my enemy is quite possibly also my enemy. I've made a lot of enemies.
    2. Re:Go to 4chan, hit /b/, ask for help by Anonymous Coward · · Score: 0

      All that's likely to get you is a bunch of douches who'll throw up "NYPA", and material worthy of calling on the party van. If you suggest that their weird brand of muslim cultism secretly believes punching kittens in the face is the one true path to salvation, you might stand a chance, however.

  101. Re:Good Job, Scott Manley by Anonymous Coward · · Score: 0

    Did you read the quote? In context, he was pointing out that it adds credence to the claim that his name was tarnished by being associated with this ridiculous crap.

    Unless of course, you just wanted to share your out of context opinion about copyright attribution. :-)

  102. May be a losing battle... by hillbluffer · · Score: 1

    Go outside Slashdot and take it to the "real media". Point out the current interest in "maximal copyright enforcement" and show how you, the content producer, have been abused. But be prepared to SHOW PROOF the video is indeed yours. However, be aware that people in that area of the world already feel taken advantage of by the USA, and feel that this kind of thing is justified, especially after the media hoopla over the “Innocence of Muslims”.

    1. Re:May be a losing battle... by Skapare · · Score: 1

      Or maybe start up some peaceful protests at the Turkish Embassy and consulates. It seems that if Muslims have started this concept of blaming the government for what their people do, then carry it back at them.

      --
      now we need to go OSS in diesel cars
  103. Thought it was the other way around? by reve_etrange · · Score: 1

    I had a satirical video on YouTube which was targeted by ContentID. After I contested (because it is satire), some of the copyright holders removed their claims, but one reinstated them (one based in Germany, where I believe there is no "fair use").

    At that point it was I who had no further recourse, not them. I was under the impression that YouTube's policies were basically biased towards presumed copyright holders. What makes this situation different? Have you already confirmed / reinstated your claims using their system?

    --
    .: Semper Absurda :.
    1. Re:Thought it was the other way around? by Skapare · · Score: 1

      You actually do have further recurse. For them to confirm the takedown they have to consent to US jurisdiction over the matter. You do not need to take it to Germany. You can simply take it to the Federal court where YouTube is located. See part 3 at the "counterclaim" link that the posted article has.

      --
      now we need to go OSS in diesel cars
    2. Re:Thought it was the other way around? by reve_etrange · · Score: 1

      Sorry, I was imprecise. I meant that I had no further recourse without initiating legal action. The YouTube website itself just says "too bad," essentially.

      --
      .: Semper Absurda :.
  104. oh wow by Velex · · Score: 1

    First I'd like to say that I watched your video and really liked it. Thank you for putting together such an interesting visualization of the progress science has made in detecting asteroids. I just fired up Boinc and attached orbit@home earlier today after nearly finishing up Pale Blue Dot, so I found it particularly interesting.

    In my experience, there's only really one way to deal with the religious: just walk away. It looks like YouTube's like/dislike system is functioning, and when I watched the Islamist video, there were 484 dislikes compared to 22 likes, and your comment about giving no permission is the top comment with 267 likes.

    It seems like the religious have a peculiar view of science: they take anything that seems to agree with their views completely out of context and trumpet it as science confirming some strange verse in their holy book. Then, when science challenges notions such as the earth being many factors of 10 older than their 6,000 year guess or that humans might not be special little snowflakes to some sky wizard, the religious go ballistic on science. The religious can't seem to decide whether to accept observations about the reality around us or to reject reality entirely.

    As others have pointed out, if you really want to pursue legal action further, you're going to have to put up some money and hire a lawyer. If fruther action really is necessary, though, I think I like the idea of mocking the Islamist video. Trying to fight people who choose religion over reality tends to only have the effect of proving to potential followers that "scientists" really are these big bad bogeymen sent by Satan. Fighting against them legitimizes them. Mocking them, though, I think is the appropriate response and conveys the message that their delusion is too stupid to even engage, but not too incoherent to feel sorry for.

    Thanks

    --
    Join the Slashcott! Stay away entirely Feb 10 thru Feb 17! Close all tabs to prevent autorefresh!
  105. Re:if I ...file a court case against the infringer by realityimpaired · · Score: 2

    The problem is any self-respecting lawyer would not dare give legal advice on a forum, because of liabilities/etc.. Lawyers need to be careful that what they say, especially if it's not in full possession of the facts, is not taken as legal advice, because they can be held liable if it turns out to be bad advice. And no, I am not a lawyer, but I have studied some law.

    Your best bet, in a situation like this is to do a little research. First off, make sure that they actually are violating your copyright... from what I've seen, there's a small amount of the original work that gets used repeatedly. My understanding of the US "fair use" allows for re-use of a small clip in a derivative or other work, as long as it is not a large part of the original film, and is not substantially the same as the original. There are also considerations for the potential impact on market value of the original, and for the commerciality of the derivative work... is it being used for educational purposes, for example?

    These are questions I can't answer, because I don't know enough about US copyright law, but I suspect that they're arguing that their film is allowed because it's educational in nature, because it is substantively different from the original, and because they're only using a small part of the video without including the sound.

    If you still feel you have a case, then make an appointment with a lawyer and ask them whether it's worth pursuing it. If you don't like their answer, ask another lawyer.

  106. Fuck you, geek by Anonymous Coward · · Score: 0

    Information wants to be free. Copyrights are evil. IP is fantasy. Remix. Rehash. Reuse. Mash up ALL the things.

    This is the bed you made, now fucking sleep in it.

  107. Ever play Ultima IV? by russotto · · Score: 1

    The DMCA is like the Skull of Mondain. You can do a lot of destruction with it, and you can even only destroy bad guys with it if you like. But it's an evil law and you're evil for using it.

  108. Re:wut by Anonymous Coward · · Score: 0

    I thought it was illegal to be this kind of stupid...

    Nah, it gets you votes in US elections. Just watch.

    http://www.youtube.com/watch?v=07fTsF5BiSM

  109. Why go after Youtube ? by Taco+Cowboy · · Score: 0

    why not go after Youtube?

    Why go after Youtube?

    The real culprit was that whatever "yahya" cult (sounds like Islamic) that took the effort to redub the video and re-upload the vid back on to Youtube as though they are the original producer.

    They are the same ones who rioted over a lousily made video and now they are stealing other people's video and claim it as their own.

    Why not go after those scums instead?

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:Why go after Youtube ? by detritus. · · Score: 1

      > Why go after Youtube?

      I can find full length copyrighted movies and songs on Youtube with incredible ease. I can easily, through an add-on or the audio/video out, capture or record them.
      The point is, who cares? Yes, it's offensive, but the author doesn't seem mad because someone used his work (for example, if a portion were used in a factual science documentary), it's because his work was used in a manner that he finds offensive. He seems to be appealing to emotion and not principle.

    2. Re:Why go after Youtube ? by tommituura · · Score: 2

      So, the basis for denying GPL code made by others in proprietary-closedsource-only software is based on emotion, not principle? Or there doesn't exist any "principles" outside of the scope of Free(beer) vs. Libre(freedom) vs. Paid-and-proprietary?

      The copyright holder has every right to allow or disallow any use of his/her work as he/she sees fit, and they are under no obligation to justify their decisions or the basis of said decisions. Of course, after a license has been granted, it binds the copyright holder but excluding certain uses on whatever basis while allowing other uses certainly falls within the rights of copyright holders. The audience can either take it or leave it as it is.

      Now, we might argue whether or not the guy should have anticipated stuff like this and expressly deny all religious marketing with his work, but given the infringing parties response so far it might not have done any difference.

    3. Re:Why go after Youtube ? by Anonymous Coward · · Score: 0

      he copyright holder has every right to allow or disallow any use of his/her work as he/she sees fit

      Untrue. Transformative use of a copyrighted work, which includes that for purposes of parody and/or criticism, is covered under fair use.

  110. You have one advantage by Anonymous Coward · · Score: 0

    The advantage that you have is that you are here in the U.S. and so is Google. You have the opportunity to go there and show them your work.

  111. Sue in the USA anyway by Skapare · · Score: 1

    If they (or he, Adnan Oktar) submitted the proper counter-claim, then they/he submitted to the appropriate jurisdiction per ...

    3. The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant."

    Sue in that jurisdiction. Send the service process by certified mail to the address provided to YouTube, which should have provided it to you. If the service of process is returned DO NOT OPEN IT so that a judge can open it and see what was really sent and refused. At this point if the defendant did not answer or appear, file a motion to ask the judge for an injunction against the defendant, which can then be served on YouTube to take the video down in their role as agent of defendant.

    Actually getting money for losses might be hard. You'd probably have to go to Turkey for that. But within the USA you can get YouTube to take it down, and possibly even get a judgment for damages since it could be argued that the harm took place in the USA. Collecting on the judgment is the hard part if they have no assets in the USA.

    --
    now we need to go OSS in diesel cars
  112. Does youtube allow you to offer evidence? by reiisi · · Score: 1

    I don't use youtube often enough to know about this, but can you ask youtube to look at the places in the video where the nutcase admits you produced the original?

    Be aware, of course, of the Streisand effect. In this case, your attempts to shut his video down may give him fuel for his claims that he is being persecuted, adding slightly to his base of believers.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  113. Need legal resources? by kawabago · · Score: 1

    Ask on www.Groklaw.net

  114. Shit comments .. by Anonymous Coward · · Score: 0

    > Doesn't mean shit outside the USA. Thank God.

    It's shit comments like that, that bring slashdot into disrepute ..

  115. YOU Can't by Anonymous Coward · · Score: 0

    Private Individuals do not have nor ever will have, Copyright.

    Copyright, since Obama, is Copyright as Owned by the USA Government.

    If you do not sell, at a ridiculous discount price of your legal copyright then
    the GOD OBAMA will usurp the information form the USPO copyright
    application and re-submit it as HIS own copyright application, in less than
    one hour local DC time.

    Well.

    Looks like Obama Boy has a nifty money train financing his re-election
    re-erection campaign.

    Hardy har har.

    8D

  116. Re:Why else should Youtube take the video down aga by wvmarle · · Score: 1

    That doesn't mean they don't have the rights to that video. They could have licensed it for all we know.

  117. Very very easy to fix by overbaud · · Score: 1

    1. Create video that is insulting to muslims and islam. 2. Put this dudes name in the credits and his business address etc. 3. Profit? Crowdsourcing take down. You're welcome.

    --
    Users... the only thing keeping 1st level support from being the bottom feeders.
  118. Re:if I ...file a court case against the infringer by Anonymous Coward · · Score: 0

    That's utter rubbish. The reason lawyer don't give advice on forums is because there's no way to get paid for their six-minute time slots. You just have to look at sites like http://www.justanswer.com/sip/australia-law where they'll give you a very broad-based, useless answer before going all Nigerian 419 on your a$$ :-)

  119. Missing the point. by Anonymous Coward · · Score: 0

    Which is: the unauthorised use of content is totally overshadowed by the fact that the video itself is a steaming pile of camel faeces.

    I particularly like the way all the NEOs are gathering in orbit preparing for an attack, as if they're coming from somewhere else. It couldn't be just that we're now able to more accurately count them and THEY'VE BEEN THERE ALL ALONG!

    Just like the Islam video causing so much trouble. I watched it, and the first thing that struck me wasn't the attacks on the prophet or the religion itself, it was the fact that the quality of the video was so bad that it actually put all of Ed Woods' films in the same league as The Matrix. Seriously, it was THAT bad. I honestly can't remember from that video whether Mohammed was "child-friendly" or bestial or whatever other blasphemy they spouted.

    But I can remember in excruciating detail the bad dubbing, video overlaying and segues that almost gave me an aneurysm.

    Let them have their movies. You're not going to change the minds of the great unwashed who believe this rubbish. Let them wallow in their ignorance and get on with your own life.

  120. Re: expand DMCA-like law to other countries by Anonymous Coward · · Score: 0

    Expanding is putting it lightly, we are dictating other countries. Do as we demand or else, and we wonder why others hate the US!

  121. You don't have to win in court, only fill out form by raymorris · · Score: 1

    You don't have to WIN a court case to have it removed. In fact you don't even have to actually file. Under DMCA, you only have to show Youtube that you INTEND to file in court and at that point they have to remove it until the other party proves that they won in court. So fill out the form as though you were going to file the case and send a copy to youtube. That should get the video removed again. Actually paying the filing fee is optional, so long as youtibe thinks you INTEND to file. I have used this technique with a fraudulent car dealership - they blew me off until I delivered a copy of the legal complaint form, at which point they got real cooperative real fast. I never actually filed the suit, just filled out the paperwork.

  122. Re:Why else should Youtube take the video down aga by Bryansix · · Score: 1

    The courts are already overtaxed and its not like court fees cover the all the externalities involved. Youtube may in fact be a great first line of arbitration and THEN it can go to a court. It would save the taxpayers a lot of money.

  123. Why give them more publicity? by Kergan · · Score: 2

    I'm suspicious. You really think these whack jobs deserve the publicity? They're already prominently featured on slashdot, ffs...

  124. Re:Why else should Youtube take the video down aga by X0563511 · · Score: 1

    Fair enough.

    Meanwhile the rest of us are downvoting it, flagging it for fraud, and commenting the truth of the matter.

    --
    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...
  125. Re:if I ...file a court case against the infringer by TaoPhoenix · · Score: 1

    I'm saying, wy not have an IAAL guy here contact the Asker, do a half hour interview, get the info he needs, and do an hour's worth of filing?

    No need for it to be posted. Just why burn 200 slashdot comments when an hour and half might kick it along?

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  126. You don't have to file outside the U.S. by Anonymous Coward · · Score: 0

    The counterclaim requires agreeing to U.S. jurisdiction (point 3 in youtube's list, which is quoted straight from the DMCA). And since it's an open-and-shut case, you can probably find a lawyer willing to do it on contingency.

    A situation like yours is kind of the poster child for contingency fees.

  127. The paradox of publicity by HuguesT · · Score: 2

    The poster has made a very interesting video, which was "borrowed" by an organization that he doesn't like. This organization gave proper attribution and their video is not strictly identical to the poster's. This case is probably not that trivial, it may border on the "fair use" side of things.

    The best response would probably have been to continue working with youtube and not publicize the organization's message, but it is too late now.

  128. A counterclaim accepts US jurisdiction by 91degrees · · Score: 1

    See part D.

    File charges wherever they state. If they don't defend, then presumably you get a default judgement in your favour.,.

  129. Re:Why else should Youtube take the video down aga by truedfx · · Score: 1

    Remember, Youtube doesn't have any special legal status. Any rules that you apply to Youtube apply to everyone. If you run a blog, someone sends you a DMCA takedown notice for a comment posted on your blog, and the commenter sends a counternotice, what do you want to have to do? Leave the comment deleted? That's so wide open to abuse it's not even funny. Make a random guess whether the comment should be restored? Ditto. Pay a lawyer to look at the comment and determine whether it's likely within the bounds of the law? Why should you spend hundreds of dollars on a matter that has so very little to do with you? What other options are there but to restore the comment and leave the matter for someone else to handle?

  130. Grow a pair by Anonymous Coward · · Score: 0

    If some religious nutcases use your shit to promote their bullshit call them out, make fun of them, launch a google bomb.

    What makes free societies free is the open exchange of information including tolerance for speech of idiots and crackpots you don't agree with.

    They are clearly not plargarizing your work and have right to fair use although this is perhaps rather excessive.

    The youtube comments and severe downrating is evidence you have effective options available to you which do not lead to enrichment of lawyers.

  131. Re:Good Job, Scott Manley by vertigovegan · · Score: 1

    I watched the video and I did not leave with the impression that your research supports their message. They just credited you with the video. I think you're grasping at straws here. Other than the video possibly blocking the small amount of money you make on youtube, the video is fair use.

    Contrary to what others have said, Defamation requires that you have financial injury that resulted from them making false statements about you, as a non-celebrity. I did not see false statements about you and even if they did, you'd have to prove they injured you financially, such as losing your job or something like that.

  132. Try to reason with them... on their grounds by Opportunist · · Score: 1

    Ask them whether they know the meaning of the commandment concerning stealing. It's quite final. "Thou shalt not steal". It doesn't read "Thou shalt not steal, unless it serves your purposes".

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  133. Facebombing by Stormthirst · · Score: 1

    This is his facebook page:
    https://www.facebook.com/harunyahyaworks

    Might be a good idea to let him know what you think of him

  134. Register with the USPTO by Anonymous Coward · · Score: 0

    Have you registered your copyright with the USPTO copyright office. It's pretty simple and costs a few $ (I think $35).

    Once a copyright is registered, violations can be hit with a statutory damages - which means you don't have to prove an actual amount of monetary damaages, the law sets the amount. But that only is for violations that occur after you register. And it is only for violators you can drag into a US court.

    Also, proof of registration is a necessary pre-condition for a US court to hear a copyright claim.

    Even if something is issued under an open license like one of the Creative Commons ones, it is still a good idea to register the work so that the license can be enforced.

  135. Quick Answer by Anonymous Coward · · Score: 0

    I don't work for Google, I used to work for eBay in the VeRO department.

    The proper way to enforce a DMCA is to
    1. Disable (NOT DELETE) the content, send a notice to the infringing user.
    2. User has X days to send a counternotice
    3. Counternotice is supposed to be reviewed by lawyers, and then the content goes back up.

    Please note that filing a counternotice means "I AM FILING A LAWSUIT RIGHT NOW", as in they have prepared the paperwork already.

    At this point If you want the content gone, you must sue them for copyright violation. The staff at Google take no part in this except providing the URL's to the content in question. You are on your own. Once you get a judgement, you send a copy of that to Google and the content is removed again.

    Big media, eg MPAA, RIAA, BSA, ESA, etc tend to file bulk reports, so sometimes, something may get taken down by accident (or in the case of Warner Bros, maliciously take down everything with the word "batman") and there is a LOT of over-reach. For the most part the staff who receive the reports are not allowed to interpret the DMCA request, unless they are legally recognized as a lawyer. So a small portion, maybe 5% of requests will be passed up to the expensive lawyers if something appears to overreach or be too vague. But with experience comes knowing when users are being malicious, so if you want to resolve this, do it.

    Otherwise I'd just let it go, upload a better quality, watermarked version next time, and if they steal it again, you have more proof. I've had code and stuff stolen, but I don't pursue it primarily because they are stolen by members of my social community and being uptight about it, would just piss off people. Yes I feel a little sad when I'm not asked permission, and they horribly butcher it, but I'm not going to do anything about it unless they start claiming they wrote it and want to charge people for it.

  136. Did you submit your work for copyright? by Anonymous Coward · · Score: 0

    I am not a lawyer. I do have a photography business and have studied some copyright law.

    All of your original works are protected under US copyright law whether you register them or not. HOWEVER if you don't register them then there will be serious legal limitations to your ability to recover damages. If the work is registered, then damages stack up quickly. Why is this important? Lawyers are going to want cash up front to pursue unregistered works issues. With a strong case, a lawyer will frequently be willing to take on a case on contingency for a registered work. His/her willingness to take the case on contingency is in part an indication of the strength of the case.

  137. Re:if I ...file a court case against the infringer by Anonymous Coward · · Score: 0

    Anyone, including lawyers, can give advice and help to understand the laws, but in the US at least, run risks of liability issues if they give "legal advice" by telling someone how laws apply to a person's particular situation. It is the difference between answering what to do when a video is re-purposed with something along the lines of "Well, it depends on several factors and these are potential outcomes" versus "In your case this is the best course of action." The former you can find lawyers giving out for free all over the place, from blogs to even luncheons where you can get free face-to-face time about a subject.

  138. Take em out by Anonymous Coward · · Score: 0

    Hack their site, beat em up, throw a pie in their faces... You could do a lot, it would require travel.. You could at least get some media coverage..
    Perhaps contact a lawyer there and have him use scare tactics.. Maybe if it's a shady country you could just pay some mercenaries to "prove a point"... lol
    You could save a lot of money, but just ask yourself, do you want to do something about it? Or do you want to troll them? Perhaps make a ton of fake craigslist ads for some super cheap tv's or cars and put their phone number down? :)

    P.S. Ha, my verify I'm human catch phrase to type is 'damages'

  139. For future posts on YouTube by Anonymous Coward · · Score: 0

    This does not help you now, but perhaps you could put a watermark on your video, so it is not so easily copied. By the way, this entire story disgusts me that your intellectual property is pirated by another as their work product.

  140. Re:Good Job, Scott Manley by Anonymous Coward · · Score: 0

    I think this video falls squarely within fair use. The guy is commenting on your work, which is the point of fair use. He is offering a different interpretation of your results. And the way he uses your name, he is just citing the source of his material. That's a good thing.

    Just because you are offended doesn't give you the right to censor. I find it sad that no one else on slashdot seems to realize that what you want is censorship.

    AND YES, I see that the video is complete bullshit, but that doesn't matter. Truth is not a measure of whether something falls under fair use.

  141. 22 Likes and 870 Dislikes by benro03 · · Score: 1

    Plus a solid list of posts calling it a fraud and thief. Not to mention lots of misspellings of common swear words. Kind of embarrassing when you can't spell the 7 Dirty Words.

    --
    I am Homer of Borg, resistance is - Ooo Donuts!
  142. Am I mising something? by tehcyder · · Score: 1

    I hate religion as much as the next person with a brain, but isn't it a bit hypocritical for everyone on slashdot to suddenly be all in favour of the DMCA just because the copyright breaker is a religious group?

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  143. Re:Why else should Youtube take the video down aga by Anonymous Coward · · Score: 0

    Filing only costs $350, and you can save yourself some money and file it per se. They're not very likely to bother you after that.

    Pro se. "Pro se" means you're representing yourself. "Per se" means as a matter of law. A court wouldn't be impressed if a litigant came in and announced "I'm representing myself per se." But you're right, there's nothing really preventing him from representing himself on this. Lawyers are just transaction cost engineers. They do things that you COULD do on your own, but they are already know the procedure (and court procedure is really tricky, especially in federal court) and they're probably already familiar with some of the basics of the law you're dealing with.

  144. Re:Comedy gold by Anonymous Coward · · Score: 0

    The OP's original video is a visualization classic. The link he posted that abuses it is, well, a blasphemous insult to Urania, the muse of astronomy &c &c. Probably best just to laugh these things off rather than Streisanding it.

  145. Which country? by brimacki · · Score: 1

    Which country does this other person reside in? That's an important point. Many other countries who take copyright violation seriously (Western Europe, Australia, etc...) might be willing to cooperate more with DMCA-like requests, so that when an American violates similar policies there, they will be taken seriously.

  146. 4chan by Anonymous Coward · · Score: 0

    4chan, that is all.

  147. Re:Why else should Youtube take the video down aga by Bryansix · · Score: 1

    Step 1) restore the content
    Step 2)Contact both parties and see if they will agree to binding arbitration (or change the terms of service to force this)
    Step 3) Ask both parties to submit evidence
    Step 4) Make a determination. If someone doesn't like it then they can take the other party to court.

  148. Personal experience by cyberfringe · · Score: 1

    I have run into this circumstance in the past with Linden Labs and SecondLife. Content I created was being copied and sold by others as their own original work without my permission. I followed the same procedure as you did: Notified Linden Lab. They took down the content. Then the other party did exactly what happened to you: they filed a counter claim. At that point Linden Labs told me that they could do nothing more without a court order. They, like YouTube, are not in the business of - nor do they have the resources to - investigate this stuff. They did everything legally required of them. So it all boils down to how much is it worth to you and what do you want to spend?

    --
    There's no sense in being precise when you don't even know what you're talking about. -- John von Neumann
  149. Hilarious hipocracy by TheSkepticalOptimist · · Score: 2

    So if the RIAA/MPAA sued to protect their content then there would be a massive tirade on Slashdot about the evilness of DCMA and those trying to protect their content. However the moment some "average Joe" finds someone is using his content without his permission suddenly it's Slashdot to the rescue to try and offer advice on how to protect his interests.

    You can't have it both ways guys and gals.

    So either DCMA is evil and must be abolished, meaning that anybody posting content is at the mercy of unscrupulous users that would simply take the content and use it however they see fit,

    OR

    DCMA is a necessary component of digital distribution in which those people that choose to offer their content under its protection are entitled to fight for their IP distribution rights when its in violation.

    You can't pick and choose to defend or deny the existence of DCMA based on the amount of money the content holder makes off it. Just because some movie company wants to protect their billion dollar blockbuster is no less valid a claim to protect their IP as some guy that doesn't hope to earn a penny off their content. DCMA is offered to ANYBODY that wants to distribute content that requires licensing for use or viewing.

    So, the majority of posters here offering advice to this guy to protect his interest are pure hypocrites because if this was a story about the RIAA or MPAA suing some grandmother for distributing millions of songs and movies then the very same people would be in outrage.

    So, my advice. Get over it, accept the fact that the moment you post something digitally online people are going to abuse it. If you are suffering financial or personal damages because of its use, then sue like every other claimant under DCMA protection.

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
  150. The Streisand Effect by Anonymous Coward · · Score: 0

    You have just initiated the Streisand Effect. Your best option was to ignore the nut jobs. Now you have become their recruiting bitch.

  151. You got full credit... by Urza9814 · · Score: 1

    OK, I rescind any earlier comments I've made on here (not sure if I made any actually) now that I've had a chance to come home from work and watch the videos.

    He gave you full credit. He didn't use a huge portion of your video. He didn't really even mischaracterize your research (at least initially he does in fact say these are astroids _discovered_ between 1980 and 2010, which seems accurate). So what's your complaint here -- that someone you don't like read and used your research? It seems like the video clips he's using are small enough to be fair use, and he _does give you full attribution for those clips_. I highly doubt anybody is going to watch this and decide you must support everything said in that video -- pretty sure they'll realize this is some crackpot. The legion of Slashdotters who have since commented and downvoted the video will probably help there as well -- which I suspect may have been your real reason for posting this here, which I can't really complain about. Nothing wrong with calling out a lunatic, but he doesn't seem to have done anything illegal and certainly not morally wrong (well, except spewing his FUD)

  152. Re:The DMCAThe good quality basketball jersey come by Anonymous Coward · · Score: 0

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  154. File Suit, Win a Judgment,then get YT on your side by girlinatrainingbra · · Score: 1

    Read Technogirl's reply above. It's usually not worth duking it out directly with criminals and ne'er-do-wells who are not above breaking the law (or any of your limbs) to get their way. Get your facts together and try to re-present them to Youtube, find other ways to publicize this, take the registered claimant of their web-site to court (small claims if you want to handle it yourself, regular court with higher limits if you can affortd an attorney) and win a default judgment since they are out of the country and will not appear. In order for this to work, you must "serve" them proper notice of your suit. You'll need help for this small claims court; you might be better off hiring an attorney to help you with that. Once you win a default judgment, pass along the appropriate court-case docket and ruling information to Goo-You-tube and ask them to please please now help you and realize that those copycats are the infringer and that you are the rightful holder of the copy-right. Good luck, sir.

  155. Re:Why else should Youtube take the video down aga by truedfx · · Score: 1
    There are several things wrong with that.
    • The "binding" in binding arbitration means even if someone doesn't like the result, they still can't take the other party to court.
    • If this will cost Youtube money, what incentive do they have to do this?
    • If Youtube makes one incorrect determination, would not they themselves become guilty of copyright infringement?