"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.
This is an opportunity. Anyone who knows anyone in the media should make it a point to make a story out of this -- it plays as big guy robbing, then kicking, the little guy. An opportunity for the little guy to get their head above water, which -- at times -- can work out surprisingly well.
Of course, we know that's not what's happening; this is rote behavior by uncaring people resulting in unfortunate collateral damage.
It's just as wrong, but it isn't based on specific intent.
Copyright, patent and trademark -- all broken as hell.
And I say that as someone who makes a significant income from all three.
I've fallen off your lawn, and I can't get up.
The situation seems ripe for him to file a DMCA notice against all of Columbia's official film sites and materials. He can prove his film existed before Columbia's was even started, and he has Columbia's admission (in their DMCA notice against his work) that their work is similar enough to his for infringement to occur.
of intellectual property was to protect the little guy with the good idea from being abused by the big guy with the deep pockets
the intent has been completely subverted and destroyed and now intellectual property simple serves as another club the big guy with deep pockets can use to rob the little guy with the idea
the concept of intellectual property, the very notion of it, is completely logically and morally bankrupt, and must die
now i'm no air head optimist, i may never see it happen in my lifetime. it's a slow change. but remember the printing press led to some radical changes in society. when education became cheap, a middle class grew from the previously illiterate serfs, and this class demanded power, giving rise to modern concept of democracy. it took centuries
likewise, the internet is going to radically change society. and it will also take centuries for all the implications of a new disruptive technology to work it's way out. just like the printing press
aristocrats then whined "not fair" like some do today as the changes begin. but on the contrary: the radical changes are all about making it more fair, for more people
give it time
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Reminds me of the bit in The Hitchhiker's Guide to the Galaxy, where ...
"The simplistic style is partly explained by the fact that its editors, having to meet a publishing deadline, copied the information off the back of a pack of breakfast cereal, hastily embroidering it with a few footnotes in order to avoid prosecution under the incomprehensibly tortuous Galactic copyright laws. It is interesting to note that a later and wilier editor sent the book backwards in time through a temporal warp and then successfully sued the breakfast cereal company for infringement of the same laws."
I would say Dinklage should punch Sandler in the nuts, but that may already be the plot of the movie. Anyone seen it to confirm?
Patrick Jean is the executive producer of the 2015 movie, Columbia did not just rip him off. Why would he file a claim against his own film sites an materials?
Violence is the last refuge of the incompetent. Polar Scope Align for iOS
I just went to vimeo and searched for "pixels".
Lots of content with "pixels in the title, including the original short.
Perhaps someone at vimeo woke up, or perhaps someone at entura has been reading /. or other tech news sites.
Has anyone got a screen grab of that search returning nothing, or DMCA takedown notifications?
They sentenced me to twenty years of boredom
should be illegal. OR they should remove the protection from countersuit in the event of an improper takedown for automated systems. "The exemption applies to human error. If you remove the human from the process, the safehaven no longer may be applied."
I work for the Department of Redundancy Department.
The question was whether Sony acquired exclusive rights to exhibit the original short or just the right to make an adaptation. The action described in the featured article is justified for the former, not the latter.
Executive Producer credit is often given out as as an honorary title for some less-defined role in the film production; often that role is only to be "famous name on credits." I suspect that Patrick Jean (and the others involved in the original short) got the credit as part of selling the rights to make the adaptation.
How many of counterclaim notices have been filed? Use the system against the claimants. File a counterclaim and the content must be put back if a suit is not filed in court.
Crying about take down notices without filing counterclaims is just stupid. A take down notice is not the end of the story.
didnt the futurama episode come out before that movie as well?
have you seen my sig? there are many others like it but none that are the same
"First Patrick Jean gets to watch them violate his work and now they're claiming that his work violates theirs." No, Patrick Jean isn't being violated at all - he licensed the movie to Happy Madison: http://www.polygon.com/2014/6/...
How the hell am I supposed to boycott the movie any more than I already was because it was an Adam Sandler movie? I'm already not seeing it as hard as I can!
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
That would allow the biggest companies free reign to steal creative properties from the little guy.
There's nothing wrong with creating laws to counter monopolies.
Monopolies are the end result of an unrestrained Free Market.
Monopolies kill the Free Market; no matter how great or valuable a new product or service is, no matter how much people might want it, it isn't just competing based on its merits, but it is also competing against corporate regulations which are no less powerful than government regulations. The regulations are just a different type -and you can't vote to change them.
The solution is not what you suggest; a fixed, black & white nuke-the-concept approach. The solution requires on-going balance. The Free Market is based on the idea of allowing living systems to function naturally. But in all living systems, (like oxygen and blood flow regulation in the human body), we need to be smart and constantly willing to observe and adapt according the needs of the system.
Arguing that we should not regulate is like arguing for cancerous growths to dominate.
It should be a requirement that somebody filing a DMCA takedown should at least be able to show reasonable cause for believing the work to be a rights violation, with penalties for abuse. That is, if lawyer writes a letter (automated or not) it should be possible for the owner of the work to request justification and, if no satisfactory justification is forthcoming, get compensation.
This kind of use of the DMCA should be seen in the same light as swatting (calling SWAT round to somebody's house on false info).
John_Chalisque
Wow, I feel as if a great weight has been lifted from my shoulders... Oh wait, I was already avoiding Sandler movies. Still..
The short film titled "Pixels" that was taken down from Vimeo was NOT Patrick Jean's original short film. It was another film from 2006 that is unrelated to Jean. Jean's film is still plenty alive. Do your homework, internet.