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Samsung Forced YouTube To Pull GTA 5 Mod Video Because It Showed Galaxy Note 7 As Bomb (redmondpie.com)
An anonymous reader quotes a report from Redmond Pie: The Galaxy Note 7 wasn't just recalled, it was cancelled. For good. And that makes Samsung very cranky indeed. So when YouTube user HitmanNiko created a video showing a Grand Theft Auto 5 mod in which Galaxy Note 7 handsets can be used as grenades, it's perhaps somewhat understandable that someone inside Samsung took offense to the idea. What's incomprehensible though is the fact that Samsung has apparently set about trying to erase that video, and presumably others like it, from the Internet. The first step? Forcing YouTube to remove HitmanNiko's video. Trying to view the video now does nothing but display a message which says that the video is "no longer available due to a copyright claim by Samsung Electronics America" which leaves quite the bad taste in our mouths. The biggest issue here is that this is arguably the worst misuse of the DMCA we have ever come across, simply because nothing was copied, unless Samsung is trying to claim that by making the in-game grenades look like Galaxy Note 7 smartphones then the video creator was in fact in breach of copyright.
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work.
Source.
If that video isn't parody I don't know what is.
Enjoy video of this clever and humorous mod!
https://youtu.be/6EK-Qy_UZX4?t...
"When information is power, privacy is freedom" - Jah-Wren Ryel
I've had a Youtube video taken down years ago for a claim, and got it reinstated. It didn't cost me anything, in fact I think when I got notice of the take-down I was given a form to fill out by Youtube to challenge it. I simply copy-pasted a few statements from Wikipedia about fair-use and a few days later it was brought back to my account. So unless Youtube has changed since then, it shouldn't take money, just a bit of time.
Samsung is, for the moment ay least, a multi-billion dollar company with huge pockets. Win or lose the cost of this type of court case is a blip in their budget. However for the defendant the financial risk is huge: he could lose his life savings on a case like this.
Isn't Youtube the defendant here? Google could step in here.
Nope, as long as YouTube abides by the terms of the DMCA, they are shielded from liability. This means they must take down the video when they receive a copyright claim, but must reinstate the video if the author files a counter claim. At that point, Samsung's recourse would be to sue the author.
And yet, they were still written. Which is the entire purpose of copyright - to promote the creation of art. Not to enrich the artists or have their name preserved in history - that's just the carrot that's dangled to further promote their production.
Take away copyright entirely, and art will still be created. There would no doubt be a decrease in expensive, commercial-oriented art like blockbuster movies, but also an increase in "derivative" art, that would be free to incorporate previous works without fear of infrigement lawsuits.
When you get right down to it, most artists create for the joy of the craft, getting paid for it is a bonus that lets them create more rather than working a "real" job. And that only if they can fetch a decent price for their art within their lifetime.
--- Most topics have many sides worth arguing, allow me to take one opposite you.