Slashdot Mirror
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?"
Doesn't mean shit outside the USA. Thank God.
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.
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?
Yes, but that would cost money, and while I could probably get damages It would be practically impossible to collect on them.
I missed the financial impact in your post. Are you just offended they re-used your works, or is it impacting your sales?
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.
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.
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.
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."
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.
If you need web hosting, you could do worse than here
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.
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.
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....
If astronomers could afford congressmen, the US wouldn't be in the mess it's in today.
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