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"Pixels" DMCA Takedown Even Worse Than We Thought
ForgedArtificer writes: So we all know about the Pixels takedown on Vimeo, and that it was pretty bad in a lot of ways. But did you know that they took down the short film that inspired the movie? Turns out, the 2010 Pixels, which was taken off Vimeo due to copyright notice, was responsible for inspiring the entire Adam Sandler flick. Unlike Sandler's film, it's critically-acclaimed and has won awards. Talk about kicking someone when they're already down. First Patrick Jean gets to watch them violate his work and now they're claiming that his work violates theirs.
Well, I know what I'm going to do. Pirate this movie. I hadn't planned to do so, but now I will, it and a dozen, no three dozen others.
Except the Waterboy. That movie is punishment enough.
IIRC, if someone files a takedown notice under the DMCA for a given work at a given website, the author of the work can file a counter notice under the DMCA with the website. Unless the original filer is willing to sue, the work can be restored. The DMCA does provide penalties for filing baseless/frivolous DMCA notices. And, the author can sue the filer.
The reason for the "hair trigger" effect is that if a DMCA notice is filed with a website, the website must remove the work quickly, or risk losing its "safe harbor" protections. To restore the work, the takedown must be withdrawn or the counter filed with the website.
In this case, if the Sandler film is too similar to the 2010 short film, it could be considered a derived work. That is, violates the copyright of the 2010 work. That would mean boatloads of cash for Patrick Jean.
That all said, DMCA abuse is obviously rampant.
Like a good neighbor, fsck is there
You can't win
I had a YouTube video removed over similar issue.
I filed counter claim. I got served by some law office , I don't have money for lawyer, I tossed their paperwork in trash, I kept filing counter claims, I got a court date in California, but I'm in Ga. :-P
I just ignored them, eventually YouTube got tired of taking down then restoring then taking down then restoring so they deleted and gave a strike on my account which a strike bans you from monetizing for 1 year.
Oh well