Ask Slashdot: How To Fight Copyright Violations With DMCA?

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Ask Slashdot: How To Fight Copyright Violations With DMCA?

Posted by timothy on Sunday September 23, 2012 @06:57AM from the which-narrative-do-you-prefer? dept.

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?"

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The DMCA by santax · 2012-09-23 07:01 · Score: 5, Insightful

Doesn't mean shit outside the USA. Thank God.
1. Re:The DMCA by girlintraining · 2012-09-23 07:18 · 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.
  
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2. Re:The DMCA by cusco · 2012-09-23 08:53 · 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'.
  
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  "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
3. Re:The DMCA by Hatta · 2012-09-23 09:23 · 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.
  
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4. Re:The DMCA by hoggoth · 2012-09-23 09:26 · 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!
  
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Ask Slashdot: How To Fight Copyright Violations by deblau · 2012-09-23 07:04 · 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.

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This post expresses my opinion, not that of my employer. And yes, IAAL.
Re:Good Job, Scott Manley by tepples · 2012-09-23 07:25 · 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.
You're screwed. by SuricouRaven · 2012-09-23 07:27 · 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.
Re:Let other religious groups do it for you by phantomfive · 2012-09-23 07:48 · 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.

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"First they came for the slanderers and i said nothing."
Re:That's the way the cookie crumbles by man_of_mr_e · 2012-09-23 07:50 · 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.

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If you need web hosting, you could do worse than here
Re:Play God by Qwertie · 2012-09-23 07:52 · 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.
Re:Information wants to be free by fredprado · 2012-09-23 08:17 · 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.