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YouTube Threatens To Remove Scientist's Account Over AIDS Deniers' DMCA Claims
First time accepted submitter EwanPalmer writes "YouTube is threatening to remove the account of a scientist who made a series of videos debunking claims made in an AIDS denialist movie over copyright infringement disagreement. Myles Power is claiming the producers of controversial 2009 documentary House of Numbers are attempting to censor him by submitting bogus DMCA claims against him. He says his movies do not breach copyright laws because his films are educational and therefore fair use. The 'AIDS denialist' documentary makers say they instead amounted to 'propaganda.'"
The guy who was filing the complaints commented on the site. So maybe he's a dick, sure. But if you're willing to give him good faith for his complaint--solely in the capacity that he honestly believes that the video oversteps fair use, and is violating copyright--then he did follow correct procedure.
He tried contacting the guy quite a few times (or so he claims), and after getting no response, he filed the takedown request personally, not through some automated thing. If he has good reason to honestly believe that his rights were violated, it wasn't even perjury. Strangely enough that's what I would do if I thought someone was violating my copyright.
Claiming fair use for informational purposes is really shaky ground. There's a lot of "I know it when I see it", and people like to stretch the definition on either side. I haven't seen the video so I don't know how long the clips are, but if they are too long then yes it's a violation, and I suspect that (much like with parody) there's a line between "informational purposes" and "openly hostile" that the law says you shouldn't cross. Does it cross the line? Hell if I know, but the guy sounds like he's at least justified in filing a claim. Whether a court would find it reasonable or not is up to them, but jackasses get to protect their own rights too.
He tried contacting the guy quite a few times (or so he claims), and after getting no response, he filed the takedown request personally, not through some automated thing. If he has good reason to honestly believe that his rights were violated, it wasn't even perjury.
If he actually didn't try to take down any straight copy of those videos on YouTube, and went after one video using pieces of his work as commented-on quotations, it's at least highly suspicious, don't you think?
Ezekiel 23:20
Google doesn't care. They breach their immunity if they don't follow the DMCA process, which involves the counter-notice. He shouldn't tell them anything, he should send in the proper counter-notice and make the denialists sue him then trounce them in court along with counter-suit for damages and legal fees.
If he's not willing to defend what he produced he just doesn't care enough.
Problem might not fact he don't care, its having the $ to fight it. Since you can't rely on court awarding legal fee's.
He also (apparently) refuses to issue a formal counter-claim asserting they do not violate copyright. If they are fair use, he can counter-claim and be done with it (until they sue him). He's effectively acknowledging that he's violating copyright by refusing to contest the assertions.
Learn to love Alaska
Discussing parts of legally released copyright code on the other hand is fair use. You know, like discussing parts of legally released movie.
i see nothing wrong with denier labels. it is deliberately ignoring and twisting facts and science to serve a political agenda. i had never heard of aids denier. but another great example is climate change denier.
Using the term denier to compare people to Holocaust deniers trivializes the Holocaust.
About 12 million people died in Nazi death camps, about six million of them Jews. AIDS has resulted in about 30 millions deaths. So far. Thabo Mbeki may be responsible for more deaths than Heinrich Himmler.