(4) At that point the alleged copyright owner can file a lawsuit against the alleged violator. The ISP has immunity since it followed steps 1-3
Could the actual copyright owner (NASA in this case) not initiate a prosecution for perjury against the person/organisation who submitted the original takedown notice.? Not only that but claim damages from them as well.
To what end?
Do you know what damages means?
NASA is owned by the government. Who is gonna do the suing?
I understand that's how it's supposed to work, but quite a few people have found it worked for them as I described. Within days (or sometimes hours) of getting their videos reinstated, they'd get another takedown on the same video from the same source. And when you get your 3rd, youtube will suspend your account. You'd expect they'd ignore repeat takedowns, and you'd expect they'd un-tick the three-strikes counter when a counterclaim was filed, but they don't and they don't. At least sometimes. Maybe it's improved recently.
I just reviewed some more recent information and it looks like that in at least some cases they temp suspend you now and send you a "copyright quiz" to fill out. If you pass, you get your account back. If not, you have to wait a few days to retake the quiz. They weren't specific about three strikes, but some accounts can be suspended immediately without even a second incident if they consider the violation bad enough. They also appear to ban other accounts with the same email address on them, so don't use a shared email account (such as family) or you may become collateral damage from the banhammer.
There doesn't appear to be any clear spelled out hard rules anywhere. They're probably trying to keep their options open. If they put it in writing, then their enforcement/interpretation will be disputed.
And just because,... what is insult without injury...? YT will seize all profits from ALL videos you own, if you continue to violate TOS. Even if you are NOT violating the TOS. And not just the video in question.
I appealed the match, but all this meant was that YouTube simply ask the purported "owner" for a manual match. They claimed that they had watched both videos and agreed that they matched, and that was all YouTube wanted. As far as YT were concerned, the appeal had been lost, and the decision was final.
So, I made a DMCA claim on YouTube against the TV channel. Nothing happened. Zip. Nada. In the end, I removed the video, as I'd rather no one got the advertising revenue from my work, than someone who had copied it from me in the first place.
How does this work? A DMCA notice requires somebody to certify under penalty of perjury that he represents the copyright holder. Perjury is a felony that carries up to five years in prison. In a system where scentences are served consecutively, such a script could easily get you sent to prison for the rest of your life.
That word [sic] doesn't mean what you think it means.
Solution: Automate the "Nope, this isn't copyright" process too. If you have a video taken down you can put it back up and the case is referred to a real person. The company/person who was in the wrong then has to pay $100 to the person who dealt with it. Problem solved.
and who the hell ever gets punished for fake notices?
Seriously man... what planet are you from?
The only ones that can get auto-anything done are the ones that rule the world: The Golden Rule - He who has the gold, rules.
And fining them, well... that means that they make less money, how the fuck would that work?/s
To be honest, despite the dire doom and gloom warnings of people that the "end times will come" to first generation adopters of SSD's, I've got a first generation OCZ drive that's still chugging along and working like the day it was new.
Thanks for that.
I did jump both feet into the SSD thing, knowing I could hit that switch one day and be met with the same silence, just less screen =)
It's good to hear from a person that their SSD hasn't died on them.
"In mid-June, 150 German airmen and eight twin-engine, non-stealthy Typhoons arrived at Eielson Air Force Base in Alaska for an American-led Red Flag exercise involving more than 100 aircraft from Germany, the U.S. Air Force and Army, NATO, Japan, Australia and Poland. Eight times during the two-week war game, individual German Typhoons flew against single F-22s in basic fighter maneuvers meant to simulate a close-range dogfight.
The results were a surprise to the Germans and presumably the Americans, too. “We were evenly matched,” Maj. Marc Gruene told Combat Aircraft’s Jamie Hunter. The key, Gruene said, is to get as close as possible to the F-22 and stay there. “They didn’t expect us to turn so aggressively.”"
A friend of mine was planning on leaving work and wanted to do the same thing.
I advised her that on a properly set up IT framework, their IT staff would know she deleted files. Unfortunately, once a file is deleted, there is little evidence to show, that you had the right to delete it. FWIW, since it resides on their computer... you really can't call it a personal doc anymore.
I told her, open the files you want to delete in a text editor and fill the file with zeros instead.
As any true geek knows... this is still 'deleting', but with much less of what would appear to be malice or intent. Plus, modifying a file might not trigger the same flags that a delete would.
Of course, all the above is moot, if the company employs SVN, Git or any other versioning methods.
The trick is to teach kids how to handle the gun so that you take away the mystery. When I grew up we had guns in the house and not locked up at all. My dad's shotgun and hunting rifle generally were leaning up in a corner. No trigger locks. If he'd been hunting earlier that day they may very well be loaded.
It was like that from birth till I moved out. Wanna know why me and my siblings didn't die horrible deaths? Because we didn't feel a need to secretly "play" with the gun. If I wanted to go out and shoot it all I had to do was ask and my dad would take me out shooting. Not only that, but during those shooting sessions he taught me exactly how the gun worked, how to safely load and unload it, and how to handle it. Even if I HAD handled the gun while he was gone I was perfectly capable to doing so safely.
As they say: if you have a pool in the backyard, which do you think would be more effective: Putting a fence around it, or teaching your kids to swim?
Wish we could score to a +10.
Education is the key to most 'problems'.
My dad let me shoot a nice big magnum when I was really little. KA-POW!
Wasn't about to touch ANY gun after that.
Then when I was old enough, he took me out, taught me how to use a gun, clean it, actually hit things with it.
And best of all, he let me shoot a pew, pew,.22
I thought... what a bastard. Not all guns will break your arms? Lol.
Even if it's 50X more expensive your options for content, delivery, interface, etc are amazingly diverse and constantly improving and changing. My cable box hasn't changed much in 10 years, aside from adding a HDD to record a few shows.
The author can wax poetic all over it. I think it's worthless garbage. So much so that I now filter my facebook stream and have it hide anything posted by friends that has the word "Shared" in it or "Liked" in it.
I personally look at this new trend as proof that Facebook has jumped the shark like MySpace did. so the next big Exodus is about to happen to the next social website service....
Seconded...
and please alert your single lady friends (who am I kidding) that when they start to put those sappy ass, trust or relationship or the meaning of love crap, we get it... someone shat on you and now you're depressed... thanks for sharing it with your 60 friends.
BTW. Didja know only a tiny percentage of your "friends" see your posts?
I thought that stopped to be news after the first 20 or so TV mysteries where the police requested the phone details of the murder suspect, so it MUST have been around the first half of the 80s.
What is really difficult is going thru life 'with at least half a brain'... and then realizing you're a half up on everyone else around you.
Slashdot Mirror
(4) At that point the alleged copyright owner can file a lawsuit against the alleged violator. The ISP has immunity since it followed steps 1-3
Could the actual copyright owner (NASA in this case) not initiate a prosecution for perjury against the person/organisation who submitted the original takedown notice.? Not only that but claim damages from them as well.
To what end?
Do you know what damages means?
NASA is owned by the government. Who is gonna do the suing?
-AI
Sounds like a good class action against YouTube / Google to me.
Now that'd be interesting. How do you plan to arrange that class?
-AI
I understand that's how it's supposed to work, but quite a few people have found it worked for them as I described. Within days (or sometimes hours) of getting their videos reinstated, they'd get another takedown on the same video from the same source. And when you get your 3rd, youtube will suspend your account. You'd expect they'd ignore repeat takedowns, and you'd expect they'd un-tick the three-strikes counter when a counterclaim was filed, but they don't and they don't. At least sometimes. Maybe it's improved recently.
I just reviewed some more recent information and it looks like that in at least some cases they temp suspend you now and send you a "copyright quiz" to fill out. If you pass, you get your account back. If not, you have to wait a few days to retake the quiz. They weren't specific about three strikes, but some accounts can be suspended immediately without even a second incident if they consider the violation bad enough. They also appear to ban other accounts with the same email address on them, so don't use a shared email account (such as family) or you may become collateral damage from the banhammer.
There doesn't appear to be any clear spelled out hard rules anywhere. They're probably trying to keep their options open. If they put it in writing, then their enforcement/interpretation will be disputed.
And just because,... what is insult without injury...? YT will seize all profits
from ALL videos you own, if you continue to violate TOS. Even if you are
NOT violating the TOS. And not just the video in question.
-AI
I appealed the match, but all this meant was that YouTube simply ask the purported "owner" for a manual match. They claimed that they had watched both videos and agreed that they matched, and that was all YouTube wanted. As far as YT were concerned, the appeal had been lost, and the decision was final.
So, I made a DMCA claim on YouTube against the TV channel. Nothing happened. Zip. Nada. In the end, I removed the video, as I'd rather no one got the advertising revenue from my work, than someone who had copied it from me in the first place.
But why didn't you sue them? /s
-AI
Not only that... the "court" won't know about it, unless you sue.
Chances of winning THAT suit, without a lawyer, next to zero.
So, next problem, coming up with money for that lawyer.
Then, damages... are the damages more than the lawyer?
Yeah. Exactly.
You gotta love a country built on capitalism. That is... if you
are a rich capitalist.
Everyone else can just go fuck themselves.
-AI
Do you have any references or something else documenting this happening?
For you and all the other lazy people out there...
Google search:
fatwa
Just because you don't know about something doesn't mean it doesn't exist.
It just means you are uneducated.
-AI
How does this work? A DMCA notice requires somebody to certify under penalty of perjury that he represents the copyright holder. Perjury is a felony that carries up to five years in prison. In a system where scentences are served consecutively, such a script could easily get you sent to prison for the rest of your life.
That word [sic] doesn't mean what you think it means.
-AI
Solution: Automate the "Nope, this isn't copyright" process too. If you have a video taken down you can put it back up and the case is referred to a real person. The company/person who was in the wrong then has to pay $100 to the person who dealt with it. Problem solved.
and who the hell ever gets punished for fake notices?
Seriously man... what planet are you from?
The only ones that can get auto-anything done are the ones that rule the world:
The Golden Rule - He who has the gold, rules.
And fining them, well... that means that they make less money, how the fuck would that work? /s
-AI
To be honest, despite the dire doom and gloom warnings of people that the "end times will come" to first generation adopters of SSD's, I've got a first generation OCZ drive that's still chugging along and working like the day it was new.
Thanks for that.
I did jump both feet into the SSD thing, knowing I could hit that switch
one day and be met with the same silence, just less screen =)
It's good to hear from a person that their SSD hasn't died on them.
FWIW, I hope you didn't jinx yourself.
-AI
Is that the one where Spock has a beard?
Turn in your geek badge.
A GOATEE is the symbol for alternate universes and evil twins.
Newb.
My goatee is very upset with you.
-AI
SSD's were recently @ $1/Gig. That's when I upgraded everything.
I've seen them as low as 55-65c a gig now. Yeah... gotta love how
tech drops in price RIGHT AFTER you decide to adopt.
Buy a WHOLE SSD drive. Put all the programs you use daily on it.
120G ~ $70
That is all.
FWIW, except for bulk storage, I will NEVER buy a spinning HD again.
I experienced a RIDICULOUS speed up, going from a 7200rpm drive.
-AI
It's a good stock, because everyone uses facebook and think's it's a good stock.
Buy in early, sell to the suckers.
I know Barnum disagrees, what if there aren't enough suckers for liquidity =)
-AI
Ok, design a transition to two perpendicular planes that won't stick me in the side of my leg.
What is YOUR design going to look like?
-AI
Call me old fashioned but I'd like to hear the evidence before making a judgement.
Hi, Old Fashioned...
The people want to SEE the WITHHELD evidence before making a VERY important judgement.
sincerely,
the rational world.
-AI
Is there more detail than "reality"?
-AI
http://www.wired.com/dangerroom/2012/07/f-22-germans/
"In mid-June, 150 German airmen and eight twin-engine, non-stealthy Typhoons arrived at Eielson Air Force Base in Alaska for an American-led Red Flag exercise involving more than 100 aircraft from Germany, the U.S. Air Force and Army, NATO, Japan, Australia and Poland. Eight times during the two-week war game, individual German Typhoons flew against single F-22s in basic fighter maneuvers meant to simulate a close-range dogfight.
The results were a surprise to the Germans and presumably the Americans, too. “We were evenly matched,” Maj. Marc Gruene told Combat Aircraft’s Jamie Hunter. The key, Gruene said, is to get as close as possible to the F-22 and stay there. “They didn’t expect us to turn so aggressively.”"
A friend of mine was planning on leaving work and wanted to do the same thing.
I advised her that on a properly set up IT framework, their IT staff would know
she deleted files. Unfortunately, once a file is deleted, there is little evidence
to show, that you had the right to delete it. FWIW, since it resides on their
computer... you really can't call it a personal doc anymore.
I told her, open the files you want to delete in a text editor and fill the file with
zeros instead.
As any true geek knows... this is still 'deleting', but with much less of what would
appear to be malice or intent. Plus, modifying a file might not trigger the same
flags that a delete would.
Of course, all the above is moot, if the company employs SVN, Git or any other
versioning methods.
-AI
I would never store a gun in a lock box. A lock box is for transporting your gun from your home to the range or other place of it's use.
You need to move... a holster is what you transport a gun in.
-AI
The trick is to teach kids how to handle the gun so that you take away the mystery. When I grew up we had guns in the house and not locked up at all. My dad's shotgun and hunting rifle generally were leaning up in a corner. No trigger locks. If he'd been hunting earlier that day they may very well be loaded.
It was like that from birth till I moved out. Wanna know why me and my siblings didn't die horrible deaths? Because we didn't feel a need to secretly "play" with the gun. If I wanted to go out and shoot it all I had to do was ask and my dad would take me out shooting. Not only that, but during those shooting sessions he taught me exactly how the gun worked, how to safely load and unload it, and how to handle it. Even if I HAD handled the gun while he was gone I was perfectly capable to doing so safely.
As they say: if you have a pool in the backyard, which do you think would be more effective: Putting a fence around it, or teaching your kids to swim?
Wish we could score to a +10.
Education is the key to most 'problems'.
My dad let me shoot a nice big magnum when I was really little. KA-POW!
Wasn't about to touch ANY gun after that.
Then when I was old enough, he took me out, taught me how to
use a gun, clean it, actually hit things with it.
And best of all, he let me shoot a pew, pew, .22
I thought... what a bastard. Not all guns will break your arms? Lol.
-AI
Even if it's 50X more expensive your options for content, delivery, interface, etc are amazingly diverse and constantly improving and changing. My cable box hasn't changed much in 10 years, aside from adding a HDD to record a few shows.
Shill
The author can wax poetic all over it. I think it's worthless garbage. So much so that I now filter my facebook stream and have it hide anything posted by friends that has the word "Shared" in it or "Liked" in it.
I personally look at this new trend as proof that Facebook has jumped the shark like MySpace did. so the next big Exodus is about to happen to the next social website service....
Seconded...
and please alert your single lady friends (who am I kidding) that when they start to put
those sappy ass, trust or relationship or the meaning of love crap, we get it... someone
shat on you and now you're depressed... thanks for sharing it with your 60 friends.
BTW. Didja know only a tiny percentage of your "friends" see your posts?
-AI
Articulate, looks like if a real answer comes up it could help others...
is there hope for /. yet?
-AI
Who has 45 min to learn a new password? I can't see a company willing to
pay someone for 0.75hr just to learn a password.
-AI
Slashdot is increasingly cited by, if not mainstream media, at least the next tier.
Citation please
I thought that stopped to be news after the first 20 or so TV mysteries where the police requested the phone details of the murder suspect, so it MUST have been around the first half of the 80s.
What is really difficult is going thru life 'with at least half a brain'... and then realizing
you're a half up on everyone else around you.
-AI