This documentary
report is not permanent. You can always expect changes during the time and
forward. Last altered: 05 june 2010 |
|
1: What is a
copy? |
A copy is an
exact duplicate of the original, a " 1 - 1 result ". I will use
this "1 - 1" term quite often. |
The laws and
rules these days are still vague and in general. |
The laws cannot
go into details, because there are too many variables. |
Companies like
Warner Music Group are companies with enough funds to pay lawsuits that
can add |
more rules to the
existing laws. |
Some rules are
obvious or actually good, sometimes they refine some situations, and in
some cases they |
support
situations like the "fair use" policy. |
What they dont
want to do, is supporting the "fair use" policy. If you as
YouTube user put up a video with a |
copyrighted music
track in its full lenght they will charge you (YouTube is not the actual
owner of your video, or at least |
thats what their
'disclaimer'
says.). |
|
Companies like
Warner Music Group (In the Netherlands it is companies like Buma &
Stemra) can be taken responcible |
by importing the
law that forbids 'Embedding'. |
Its absolutely
acceptable and understandable that if some Mr A. has published some
material of its own on his |
website, and some
Mr. B embedding Mr. A's material to its own page, letting it look like the
material belongs to Mr. B. |
In that paricular
way, that law or rule fits well, but to forbid the entire embedding code
in combination of a YouTube video |
with the
possibility of showing copyrighted material, i cannot live up to that rule
or law. |
|
Another thing.
Companies like Warner Music Group (call your own companies names of your
own country) can alter |
the laws by
paying lawsuits and let them play that out in court. But what about the
normal standard citizen? |
Do we have enough
funds or time or menpower to introduce our own laws? |
The only 'power'
we have is by voting some politicians, and im sure, in general, we dont
agreed with everything of what |
they stand for or
what they actually do. |
Remains the same
question: What can we do? |
|
2: Why did i made
this page? |
I put on this
page because recently i got being accused by this Warner Music Group
company for doing criminal activities, |
which i will
never do. ( or at least, never intended to do that on purpose ) |
So i took a long
dive into the books of laws about CopyRights. |
I also read all
information i could gather about companies like Warner Music Group, ( Buma
en Stemra in my country) |
and i discovered
their strategy. |
We all know
companies like Warner Music Group (Buma & Stemra), insists 'defeating' illegal activities,
and basicly, thats a good thing. |
Companies like
that tried to fight against downloading illegal content, peer 2 peer
software, long time ago Buma & Stemra |
tried to shut
down ThePirateBay in my country, but in the end they failed to do so, but
they have accomplised to alter the |
law in such way
that they can charge everyone if they suspects you of doing illegal
activities, even though its not true. |
Don't think they
cannot harm you, because in the end, they can. |
Their strategy
starts altering small things in the law book, using the press when they
accomplished something, and starts |
telling they all
do this to stop people from doing illegal activities. |
They even can
force your provider to obtain your private information, even though you
are innocent. |
'If you have done
nothing wrong, you have nothing to hide' some people say, but its not
about that. |
They violating
the laws of freedom (for an example: free speech) under the motto:
'Anti-terrorists', or 'Illegal downloading'. |
We can close our
eyes and keep on thinking, that companies like Warner Music Group, can
never outcast downloading |
or sharing
contents, because they can by altering the laws more and more. |
Never heard of
the '3-strikes and you are out' term introduced in France? |
Never heard of
putting tax on everything that can hold MP3 or other media types? For an
example, Ipods, cell phones? |
You buy an
original CD, you pay extra tax that goes into the total price of that CD.
With paying that few cents you pay your |
'ownership' for
personal use and only for you. In my country for short it was allowed to
make copies as many as you want as |
long as you kept
them for yourself (not sharing with others that is (not even your own
wife??).) |
BUT.... You buy
empty discs to make copies for yourselve to save your original for being
scratched or whatever reason you may |
have, you pay
again that little tax for this so-called 'owner ship'. |
The law don't
care if you are going to use these empty discs for your own artistic
skills of making your own music. |
You buy yourself
a mp3 player for use while working, you pay again that little tax, even
though the mp3 will play LEGAL contents. |
Not to mention
cell phones....... :( (not sure if this 'media type' is taxed, but i have
heard rumors last year (2009) about this.) |
Its not about the
amount of this tax, because its so less, you and i can survive that, but
its about the basic principles. |
The law doesnt
know yet about any grey area, but only knows black and white, yes or
no.... there is no maybe. |
Companies like
Warner Music Group doesnt care about this grey area, or at least its not
their first priority. |
|
So thats why i
put on this page. |
Its not that i
believe that this text will open peoples eyes, no not at all, I absolutely
believes nothing will change for the better. |
I absolutely
believe that if we, citizen, let companies do what they do now, our lives
will become more worse than better. |
|
3: Now, what
happened to me to make this page? |
I have made a video
about some Doom2-related game. I have used a soundtrack called Anime
Dansen. |
Now the
differences between the two YouTube video's are that mine is all junked-up
with weapon-, footstep, jump/land sounds |
during the whole
lenght of the soundtrack. Also, the music has been reduced in volume. |
But in some way, Warner Music Group company still decided my
video was still breaking the copyright law...?? |
Now, YouTube's
information webpage somehow tells me that they use some
vague identification software. |
In other words,
its a program that knows only ONE's and ZERO's, the program knows only
YES's and NO's, and by that information |
It seems then to
know whether some content is illegal or not. Where is the tolerance, where
is the compromisation, |
where is the
human factor !? |
Dont get me
wrong, i dont know exactly about the workings of this Identification
Software, i just did some logical thinking on |
this, because
what if it IS software controlled ?? Then the Identification software that
looks for some 'watermark' of 'fingerprint' |
in the
information register, it failed working properly. |
My way of the
usage of this song is far from a 1 - 1 copy/material, and therefore i have
broken no law or rule. |
Yet, they still
call me indirectly being a criminal. |
In some countries
you hear terms like: "You are guilty untill proven otherwise !",
well, this is the same. |
Warner Music
Group or YouTube's Identification tool accused me being criminal (breaking the Copyright law), yet, im
haven't |
breaking any laws. |
Even better, i have
tried to protect the content, so that it gets real hard, if not,
impossible to get back to the 1 - 1 copy. |
|
There
are a few important laws, and it goes like this: |
As
long as somebody don't make any profit of any materials, whether you got
it legal or illegal, which is now not important, |
because
its not about a 1 material anymore (the soundtrack), it became together
with the video a new other product, |
(like
the food production laws, you may not re-produce a same material under
some other or even a look-alike
name and visa versa) |
and
that new other product (the video in its whole) protected the one material
(the soundtrack) from being ripped FROM this |
new
product. So i lived up to the copy law, and protected it from become a 1
on 1 copy again. Thats 1. |
Im
also not making any money out of this, so there is no profit here, and i
dont making any damage to the business, companies |
or
organisations with my methodes of protecting the used materials. Thats 2. |
Now
if non of these laws that i have mentioned above, are being accepted as
they are being put, then the Copy and CopyRight laws |
without
the human factor and therefore, without common sense will fail in all
degrees. YouTube is using this Identification Software, |
and
THAT piece of software doesn't have a human factor, which then cannot be
used as a rightfull evidence, and i say it again, without |
the
human factor (common sense), and therefore i cannot be accused of anything
or being prosecuted in any way. Thats 3. |
By
still accusing me whether it is indirectly or directly by who ever party
it is being done, who ever it is doing, they violate the laws or |
rules
of the freedom of speech. Thats 4. |
The
way these organisations. companies, or businesses, are using the laws,
(hoping to get somebody who doesn´t know the laws and |
automaticly
redraws (which is my own opinion btw)), they should know they can be hold
responcible of creating a limitation of being |
creative
for people with limited (re)sourses, which there is not really a law in
existance i think. Im just making a point here if you |
(whoever
is reading this) don't mind. Thats 5. |
|
No
i never learned rights and laws, but i know, this is the way it should
have been. Since they put me into this mess, i start reading |
and
studying the laws, and these are my findings sofar. AND.... Warner Music
Group and YouTube, you know that im making a good |
point
here. Common sense, human factor, and non profit. That alone should be
enough. But i can come up with more details |
If
companies, organisations, or businesses like Warner Music Group or any
related alike companies, organisations or businesses can't |
or
will not aknowledge to these rules, rights and laws as they are or as the
way i put it up here, then i cannot aknowledge theirs. |
I
can give you more details if you want, just give me time to do some more
studyings about rights, laws and exceptions. |
|
4: Communications
with YouTube. |
Please, be aware
that some of these contacts with YouTube was written and send in Dutch language. |
I used Google
translator for the translations. |
|
First I have
tried their standard counterclaim, but nothing happened to the video
Copyright infringement status. The claim still stands. |
later I start to
write them an e-mail, and a few standard and automated replies came to me. |
I already expected
this kind of replies, so soon i'll start a more efficiënt methode to
force them alitle bit more to listen to me. |
|
|
To: nlcopyright@youtube.com |
|
Subject: YouTube
DMCA-counterclaim |
|
Date:
April 2010 |
|
|
|
Hello
YouTube, |
|
|
|
As
far as i know, this video : http://youtube.com/watch?v=78vWcn6kcr0
is considered copyright infringement. |
|
I
dont think so by the following reasons: |
|
|
|
As the laws
are written and available to the average citizen, it is always
unclear what exactly copyright-infringement is all about. |
|
What I know is that as a song, which is the case here, just as in identical origin, then we indeed are talking about the copyright. |
|
As my material does not match the accusation here, i commit no crime. |
|
Of course, I expect that my method of use is not described in the law as a
condition of the "protection of copyright material(s)". |
|
|
|
But I would be gladly to see the copyright infringement charge off of the
table real soon. |
|
|
|
Thanks
for your time. |
|
|
|
To:
UnTrustable |
|
Subject:
Reply, YouTube DMCA-Counterclaim |
|
Date:
April 2010 |
|
|
|
Thank
you for contacting YouTube. |
|
You've
reached the Copyright Team. |
|
Your
message has been received and is now in queue for evaluation. |
|
Moreover,
general requests for help are not answered. |
|
If
you have questions about other matters relating to this site, go http://www.google.com/support/youtube/
our Help Center. |
|
Want
to report abuse or inappropriate material? Go to http://www.google.com/support/youtube/bin/topic=13044
. |
|
If
you have a privacy complaint, go to http://www.google.com/support/youtube/bin/answer.py?answer=78346
. |
|
When
you request to remove a video that possibly infringes your
copyright, you must provide us any information |
|
indicate
that we need to handle your complaint. Incomplete information may
delay the processing of your claim. |
|
See
if you have questions http://youtube.com/t/copyright_notice
about our copyright policy and information on reporting |
|
a
copyright infringement. |
|
|
|
Did
you know that YouTube is a tool for owners of Copyright notification
that it is easier to submit? |
|
When
a large number of videos to be removed, or if you expect your
regular material of YouTube need to remove possible breach, |
|
you
can sign up for our program content verifycation. |
|
With
this program we are electronicly on the informed, every error,and we
can possibility quickly remove infrigging material. |
|
Go to
http://youtube.com/t/copyright_program
to register for this program and to Report. |
|
|
|
Sincerely
, |
|
the
YouTube Team |
|
|
|
|
|
To: nlcopyright@youtube.com |
|
Date:
April 2010 |
|
|
|
Hello
YouTube, |
|
|
|
My complaint is not the U.S. copyright they have forced
up on all other
Western countries. |
|
The problem however is that you, YOUTUBE, are
convinced that one of my videos on your server, has been tagged to
be |
|
copyright
infringement. |
|
http://www.youtube.com/watch?=78vWcn6kcr0 |
|
In
what law is written the agreement with what goes on in this video? |
|
And why would I agree with a civic duty fabricated by
the authorities message, "anti-piracy", which I DID NOT
had a say into it or ever had? |
|
The
way I got the music done in the video, should be sufficient to NOT
voilate the copyright laws. |
|
If
you as YouTube cannot compromise with me, which i believe this will
lead to, then this is our last collaboration, because it appears |
|
that
you, Youtube, are not impartial. |
|
Although
I am not aware of the latest rules and laws these days, I know of
myself that I have not violated the copyright law in any way. |
|
The
soundtrack is also available in even better quality here: http://www.youtube.com/watch?v=7zN4ICwZKmA&feature=related |
|
and
without addition of many other sounds that makes it impossible for
the third party to reuse and/or to store on other media medium |
|
to
convey. |
|
|
|
Sincerely
, |
|
|
|
To:
UnTrustable |
|
Date:
April 2010 |
|
|
|
Hello, |
|
|
|
Thank
you for your message. |
|
Before your
application to be processed takes place I need two more things. |
|
|
|
- A statement said the complainant in good faith to
believe that use of the material the way it is done, was not
or as authorized by the |
|
way it is done, was not or as authorized by the copyright owner, its
representative, or the law. |
|
- A statement that the information in the complaint
accurate and that the complainant is authorized to act on behalf of
the |
|
owner of an exclusive right that is allegedly infringed. |
|
|
|
If you send us these statements, I can work further
on the matter. |
|
|
|
For
more information see the page with our copyright policy http://youtube.com/t/copyright_notice |
|
|
|
Sincerely, |
|
|
|
The
YouTube Team |
|
|
|
To:
YouTube Team |
|
Date:
May 01 2010 |
|
|
|
To
meet up to the demands for explanations add to the counterclaim used
against audioworks in conjuction with other sounds which
are |
|
not
original to the audio work, i honest believe that it is YOU that
should fill in that missing explanations, that you need so badly. |
|
Infact
I got the copyright infringement claims from YouTube itself,
right? |
|
I
have no idea and I do not know whose coverage it was that puts a
copyright claim on my video. |
|
Under
Dutch law legislation, as how this video has been done, I can do
this without being pursued or being held for criminal
activity. |
|
I'll
take this false accusation very seriously, and always seek a way to
protect materials that isnt mine. |
|
|
|
Incidentally,
I get the impression examen the layout of your message, that ny
message is not clear enough for you, or perhaps not taken |
|
seriously. |
|
There
is no question of an alleged statement, but what is your opinion
about the fact that an alleged breach,
is not my opinion. |
|
Whether
you dont know the law or you're making fun of me somehow. |
|
This
video doenst violates any Dutch Copyright law. http://www.youtube.com/watch?v=78vWcn6kcr0 |
|
The
choice is yours, to convince me that this IS the case. |
|
Success. |
|
|
|
Sincerely
, |
|
|
|
Oh, I
log everything, so all I and you will discuss whether to send, is
stored and preserved. |
|
(Attachment:
"YouTube_vermeende_auteursrecht_schending.png) |
|
|
Communications
with Warner Music Group (WMG) |
Please take note,
that i have slept badly and got really annoyed by this so called companies
using (in my opinion) their mighty powers. |
|
|
WMG: http://www.wmg.com/contact |
|
Subject:
Copyright claim, fair use policy ! |
|
(02 may 2010) |
|
|
|
Hey there, |
|
|
|
According to YouTube.com your policy or your rules (your laws) makes me a criminal when it comes to
Copyright infringements. |
|
Please, be so kind to examen this video:
http://www.youtube.com/watch?v=78vWcn6kcr0 |
|
and compare it then with this video:
http://www.youtube.com/watch?v=KzWQGUSHDOA |
|
|
|
Now, your self made laws, which i do not acknowledge (because they do benefits only 1 side of the party), |
|
forces companies such as YouTube to accuse me of doing criminal activities. I dont take that lightly. |
|
Maybe i should, but then again, You as company CAN en will make laws, while the normal citizen cannot take |
|
any part of of it. We as citizen have no say in such actions, right? |
|
Now that brings me of why i do not acknowledge YOUR laws, however, i do agree the fact that people mis-uses |
|
other peoples work. |
|
So thats why i lowered the quality and volume of the song, let all other sounds that comes from the game IN. |
|
There is no way people can rip the song and put in on any media they want. |
|
Im sure, I will not receive any positive respond from your side, like YouTube do. |
|
If you do, please do. Tell YouTube that this video: http://www.youtube.com/watch?v=78vWcn6kcr0 |
|
falls under the term, acceptable. |
|
|
|
Thank you for your time. |
|
|
At 5 may 2010 i
also send a more friendlier e-mail to the Benelux version of Warner Music
Group (Warner Music Benelux (WMB)). |
But received
nothing. It was all expected. |
They
are not the first companies who starts troubling me during my life for
whatever reasons they had. |
|
Communications
with YouTube. |
|
|
To:
YouTube Team |
|
Date:
May 05 2010 |
|
|
|
To
meet up to the demands for explanations add to the counterclaim used
against audioworks in conjuction with other sounds which
are |
|
not
original to the audio work, i honest believe that it is YOU that
should fill in that missing explanations, that you need so
badly. |
|
Infact
I got the copyright infringement claims from YouTube itself,
right? |
|
I
have no idea and I do not know whose coverage it was that puts a
copyright claim on my video. |
|
Under
Dutch law legislation, as how this video has been done, I can do
this without being pursued or being held for criminal
activity. |
|
I'll
take this false accusation very seriously, and always seek a way to
protect materials that isnt mine. |
|
|
|
Incidentally,
I get the impression examen the layout of your message, that ny
message is not clear enough for you, or perhaps not taken |
|
seriously. |
|
There
is no question of an alleged statement, but what is your opinion
about the fact that an alleged breach,
is not my opinion. |
|
Whether
you dont know the law or you're making fun of me somehow. |
|
This
video doenst violates any Dutch Copyright law. http://www.youtube.com/watch?v=78vWcn6kcr0 |
|
The
choice is yours, to convince me that this IS the case. |
|
Good
luck. |
|
|
|
Sincerely
, |
|
|
|
Oh, I
log everything, so all I and you will discuss whether to send, is
stored and preserved. |
|
(Attachment:
"YouTube_vermeende_auteursrecht_schending.png)
(Not send, because you have received it already.) |
|
|
|
To:
UnTrustable |
|
Date:
May 05 2010 |
|
|
|
Thank
you for contacting YouTube. |
|
You've
reached the Copyright Team. |
|
Your
message has been received and is now in queue for evaluation. |
|
Moreover,
general requests for help are not answered. |
|
If
you have questions about other matters relating to this site, go http://www.google.com/support/youtube/
our Help Center. |
|
Want
to report abuse or inappropriate material? Go to http://www.google.com/support/youtube/bin/topic=13044
. |
|
If
you have a privacy complaint, go to http://www.google.com/support/youtube/bin/answer.py?answer=78346
. |
|
When
you request to remove a video that possibly infringes your
copyright, you must provide us any information |
|
indicate
that we need to handle your complaint. Incomplete information may
delay the processing of your claim. |
|
See
if you have questions http://youtube.com/t/copyright_notice
about our copyright policy and information on reporting |
|
a
copyright infringement. |
|
|
|
Did
you know that YouTube is a tool for owners of Copyright notification
that it is easier to submit? |
|
When
a large number of videos to be removed, or if you expect your
regular material of YouTube need to remove possible breach, |
|
you
can sign up for our program content verifycatoin. |
|
With
this program we are electronicly on the informed, every error,and we
can possibility quickly remove infrigging material. |
|
Go to
http://youtube.com/t/copyright_program
to register for this program and to Report. |
|
|
|
Sincerely
, |
|
the
YouTube Team |
|
|
|
To:
YouTube Team |
|
Date:
May 10 2010 |
|
|
|
To
meet up to the demands for explanations add to the counterclaim used
against audioworks in conjuction with other sounds which
are |
|
not
original to the audio work, i honest believe that it is YOU that
should fill in that missing explanations, that you need so
badly. |
|
Infact
I got the copyright infringement claims from YouTube itself,
right? |
|
I
have no idea and I do not know whose coverage it was that puts a
copyright claim on my video. |
|
Under
Dutch law legislation, as how this video has been done, I can do
this without being pursued or being held for criminal
activity. |
|
I'll
take this false accusation very seriously, and always seek a way to
protect materials that isnt mine. |
|
|
|
Incidentally,
I get the impression examen the layout of your message, that ny
message is not clear enough for you, or perhaps not taken |
|
seriously. |
|
There
is no question of an alleged statement, but what is your opinion
about the fact that an alleged breach,
is not my opinion. |
|
Whether
you dont know the law or you're making fun of me somehow. |
|
This
video doenst violates any Dutch Copyright law. http://www.youtube.com/watch?v=78vWcn6kcr0 |
|
The
choice is yours, to convince me that this IS the case. |
|
Good
luck. |
|
|
|
Sincerely
, |
|
|
|
Oh, I
log everything, so all I and you will discuss whether to send, is
stored and preserved. |
|
(Attachment:
"YouTube_vermeende_auteursrecht_schending.png)
(Not send, because you have received it already.) |
|
|
|
To:
UnTrustable |
|
Date:
May 11 2010 |
|
|
|
Thank
you for your email. |
|
Your
video was recognized by the YouTube Content Identification. |
|
When
a Content Identification agreement recognizes between a user upload
and material in the reference library, the usage policy which |
|
is
chosen by the content owner. |
|
The
use policy is determined or YouTube content on the system blocks or
permits. |
|
|
|
If
you receive a notification that a Content Identification agreement
found your video, go to the page "Content-ID contracts" in
your |
|
account
for more information on use policies associated with your video: http://www.youtube.com/my_videos_copyright
. |
|
|
|
If
you believe that this claim rests on a misunderstanding, or you are
otherwise authorized to use that content, you can deny this claim |
|
or
other viewing options in the area "Video ID Agreements"
section of your YouTube account. |
|
YouTube
does not mediate disputes concerning copyright . |
|
You
can find more information about Content Identification disputes: http://help.youtube.com/support/youtube/bin/answer.py?answer=83768
. |
|
|
|
We
are pleased that the Copyright Act seriously, just like YouTube
itself. |
|
In
general you should check whether your video infringes makes someone
else's copyright before the video to our upload site. |
|
We
can not decide for you, it is your responsibility for knowing the
rules, but we encourage you to our Copyright Tips to read |
|
http://www.youtube.com/t/howto_copyright
, where we have some guidelines and Links are included to enable you
to determine |
|
whether
your video is violates someone
copyright. |
|
|
|
Sincerely, |
|
The
YouTube Team |
|
|
|
To:
YouTube |
|
Date:
May 12 2010 |
|
|
|
I understand what you write, but I don 't understand. |
|
|
|
You
wrote: |
|
|
|
"Your
video was recognized by the YouTube Content Identification." |
|
|
|
So I should really be with you for being challenging
YOUR claims. |
|
|
|
You
wrote: |
|
|
|
"Where
Content Identification recognize an agreement between the upload of
a user and reference in the library, the usage policy which |
|
is
elected by the content owner." |
|
|
|
How
does this co-called "Content Identification" software
works? |
|
Ignores
YOUR Identification Software any various other sounds mixed together
with the actual soundtrack? |
|
|
|
I believe that these so-called identification software
does not work, and I cannot agree to YOUR claim. |
|
|
|
Explain
in more detail about HOW the hell YOU came to the conclusion that my
video contained content that is breaking the Copyright law, |
|
or
WHO made this claim. |
|
The
known information is so vague, unclear and to my opinion that makes
this Copyright infringement claim not justified. |
|
|
|
|
Send in multiple
counter copyright notice's during 12 may till 22 may. |
|
Communications
with Warner Music Group (WMG) Suddenly
out of nowhere after many days, a reply came in....! |
|
|
From: Collins, Amanda |
|
To: UnTrustable |
|
Date:
Sent: Saturday, May 22, 2010 1:58 AM |
|
Subject: Out of Office AutoReply: Copyright claim, fair use policy ! |
|
|
|
Thank you for your message. |
|
I am out of the office until Monday 5/24 and will respond to you as soon as possible. |
|
If you are a journalist on deadline or need to reach me more immediately, please call my cell phone. |
|
|
|
Thank you |
|
Amanda |
|
|
I did
know about a high ping possibility, but to have to wait for 20 days, out
of them 3 weekends, 15 working days left (if you exclude |
the 3
saturdays) and then to receive a auto message that she is out of
office???? You better shoot me ! |
|
|
From:
UnTrustable |
|
To:
Collins, Amanda |
|
Date:
Sent: Saturday, May 22, 2010 9:13 AM |
|
Subject:
Reply: Out of Office Autoreply: Copyright claim, fair use policy
! |
|
|
|
Thank you for the autoreply, |
|
|
|
According to YouTube, your company, WMG, apparantly decided to claim a copyright infringement to a YouTube video. |
|
I have done so much to live up to my own country laws when its about copyrighted stuff. |
|
I like to know HOW and based on what, to call me indirectly doing 'criminal activities'. |
|
I re-direct your company to the fair use policy, and my own ways to live up to the 'rules'. |
|
The video im talking about is: http://www.youtube.com/watch?v=78vWcn6kcr0 |
|
|
|
Maybe your company should import a new rule/law or better understand the fair use policy, AND to |
|
compromise on certain levels. |
|
The video indeed uses a soundtrack all mixed with other sounds. |
|
The law in general says (long story short) no COPY allowed, and COPY means, a 1 - 1 product. |
|
My video is no longer a 1 - 1 product. |
|
So im not breaking any laws or rules. |
|
The track in its FULL lenght has been reduced in volume, has been mixed with all (annoying) sounds, |
|
like in-game footsteps, in-game weapon clicks etcetra. |
|
Nobody will be able to rip the audio in its cleanest form and use it for other purposes. |
|
So where the hell did your company based the claim on? |
|
Before i end up into jail or get a bill presented, i first like to know why. |
|
If your company or your country still have problems with people using copyrighted or non-copyrighted materials, |
|
and protecting those materials on my way, (non 1 - 1 copy, attach the real source, altering the original |
|
and what more) your company will have a problem. |
|
|
|
Im not going to call you on your cell phone, Amanda, there is no way im going to do that. |
|
|
|
Oh yeah, take note that whatever your comapny says or writes, i save everything on file for court purposes |
|
if it comes to that. |
|
|
|
Thank you for your time (when you get back in your office at Tuesday. I hope i didnt offended you. |
|
I just got irritated by accusations that are in no order. Thats all.).
|
|
|
Back
to Communications
with YouTube. |
|
I tried to
'e-mail bomb' YouTube with 10 e-mails in a row, not really e-mail bombing if
you ask me, because there was just only |
10 of them. |
|
|
to: nlcopyright@youtube.com |
|
Subject: My video has no CopyRight infringements ! |
|
|
|
Come
on YouTube!! What must I do to get your attention !? |
|
All
this time I see my video http://www.youtube.com/watch?v=78vWcn6kcr0
inside the ID-agreement section. |
|
This
video does not break any law at all. |
|
Stop
sending auto-replies and communicate with me on the proper way. |
|
It is
very easy for you people to un-tag my video, and give it a free go
again. |
|
|
Unfortunally.... I
received an autoreply in return... 10 times. Then again, its funny
anyways, i mean, i could have expect this to happen.... |
|
|
To:
UnTrustable |
|
Date:
May 23 2010 |
|
|
|
Thank
you for contacting YouTube. |
|
You've
reached the Copyright Team. |
|
Your
message has been received and is now in queue for evaluation. |
|
Moreover,
general requests for help are not answered. |
|
If
you have questions about other matters relating to this site, go http://www.google.com/support/youtube/
our Help Center. |
|
Want
to report abuse or inappropriate material? Go to http://www.google.com/support/youtube/bin/topic=13044
. |
|
If
you have a privacy complaint, go to http://www.google.com/support/youtube/bin/answer.py?answer=78346
. |
|
When
you request to remove a video that possibly infringes your
copyright, you must provide us any information |
|
indicate
that we need to handle your complaint. Incomplete information may
delay the processing of your claim. |
|
See
if you have questions http://youtube.com/t/copyright_notice
about our copyright policy and information on reporting |
|
a
copyright infringement. |
|
|
|
Did
you know that YouTube is a tool for owners of Copyright notification
that it is easier to submit? |
|
When
a large number of videos to be removed, or if you expect your
regular material of YouTube need to remove possible breach, |
|
you
can sign up for our program content verifycatoin. |
|
With
this program we are electronicly on the informed, every error,and we
can possibility quickly remove infrigging material. |
|
Go to
http://youtube.com/t/copyright_program
to register for this program and to Report. |
|
|
|
Sincerely
, |
|
the
YouTube Team |
|
|
The
next day 24 may 2010 i was about to 'e-mail' bomb them again with another
10 times, just like yesterday (23 may 2010) but...... |
|
|
The
message could not be sent because one of the recipients was rejected
by the server. |
|
The
rejected e-mail adress to: nlcopyright@youtube.com. |
|
Subject:
'My video has no CopyRight infringements !', |
|
Account:
'bla.blabla.nl', Server: 'bla.blabla.nl', Protocol: SMTP, |
|
Reaction
of server: 'xxx x.x.x Invalid Address ', Port: xx, Secured(SSL):
XXX, |
|
Server
error: 501, errornumber: xxxxxxxxxx |
|
|
Could have be an
automatic blocking software mechanism to avoid being bomb mailing.
Anyways..... |
Send in 3 more
counter-copyright notice's on the days 25, 28 and 30 may 2010 |
http://help.youtube.com/support/youtube/bin/request.py?contact_type=copyright_counternotice |
|
|
|
Send to: copyright@youtube.com |
|
At: 30 may 2010 |
|
|
|
Hello YouTube, |
|
|
|
As far as i know WMG (Warner Music Group (According to your site) claims this video |
|
http://www.youtube.com/watch?v=78vWcn6kcr0
To be breaking the copyright laws. |
|
|
|
I think not. |
|
|
|
Only
when a music track is identical to the original, then we're talking about copyright infringement. |
|
The music track that has been used in this video is not identical to the original. and therefore i |
|
do not commit any illegal activities. |
|
I dont expect my methodes to 'protect' the materials to be a 'fair use' in the copyright laws, then |
|
yet again, i do like to see the
false accusations of this video be gone. |
|
|
|
thanks for your time. |
|
|
|
To:
UnTrustable |
|
Date:
May 30 2010 |
|
|
|
Thank
you for contacting YouTube. |
|
You've
reached the Copyright Team. |
|
Your
message has been received and is now in queue for evaluation. |
|
Moreover,
general requests for help are not answered. |
|
If
you have questions about other matters relating to this site, go http://www.google.com/support/youtube/
our Help Center. |
|
Want
to report abuse or inappropriate material? Go to http://www.google.com/support/youtube/bin/topic=13044
. |
|
If
you have a privacy complaint, go to http://www.google.com/support/youtube/bin/answer.py?answer=78346
. |
|
When
you request to remove a video that possibly infringes your
copyright, you must provide us any information |
|
indicate
that we need to handle your complaint. Incomplete information may
delay the processing of your claim. |
|
See
if you have questions http://youtube.com/t/copyright_notice
about our copyright policy and information on reporting |
|
a
copyright infringement. |
|
|
|
Did
you know that YouTube is a tool for owners of Copyright notification
that it is easier to submit? |
|
When
a large number of videos to be removed, or if you expect your
regular material of YouTube need to remove possible breach, |
|
you
can sign up for our program content verifycatoin. |
|
With
this program we are electronicly on the informed, every error,and we
can possibility quickly remove infrigging material. |
|
Go to
http://youtube.com/t/copyright_program
to register for this program and to Report. |
|
|
|
Sincerely
, |
|
the
YouTube Team |
|
|
Sincerely, the
YouTube Team??? Sincerely Auto message software you meant ! |
Its no wonder
people gets more angry with such kinds of results. |
YouTube
apparently wish no contact. |
Wrong choice
YouTube. I can get worser and worser each step i have to make. :p but
not just yet. |
|
|
Send to: copyright@youtube.com |
|
At: 30 may 2010 |
|
|
|
Then
Do somthing with this info ! |
|
I
dont like to be send off and on to nowhere. |
|
Its
no wonder that some people stands negative towards YouTube. |
|
I now
know why, and thats something i can work with. |
|
|
|
I
finally got contact with WMG, and funny as it is, they dont know
anything about the accusation and re-directs me back to you guys. |
|
I
dont take this lightly. |
|
I
demand communication with you guys on very short notice to solve
this minor video tagging problem before this situation escalates
into |
|
a
juristical matter. |
|
Just
to let you know. |
|
|
|
Sending
to you my contacts with WMG, not that is will be usefull, because
all you people do is sending auto-replies, don't you? |
|
|
|
<The
entire conversation i had with one of the employees of company
WMG> |
|
|
No replies. |
|
|
From:
UnTrustable |
|
To: http://www.wmg.com/contact |
|
Date:
Sent: Sunday, May 30, 2010 - Send another (hopefully better) e-mail
- |
|
Subject:
YouTube CopyRight |
|
|
|
Hey there, |
|
|
|
According to YouTube.com your policy or your rules (your country laws) makes me a criminal when it comes to
Copyrights. |
|
Please, be so kind to examen this video:
http://www.youtube.com/watch?v=78vWcn6kcr0
and compare it then |
|
with this video:
http://www.youtube.com/watch?v=KzWQGUSHDOA |
|
|
|
Now, your company -and related companies self-made laws, or self-adjustments laws, which i can not acknowledge |
|
(because they do benefits only 1 side of the party(your clients side)), accuses me of doing criminal activities. |
|
I dont take that lightly. |
|
|
|
Thank you for your time. |
|
|
30 may 2010 Send entire file to: mailto:infobenelux@warnerchappell.com |
Since this company is owned by WMG but is settled in my country |
Site is:
http://www.warnerchappell.com/contactus.jsp?currenttab=about_us# |
|
|
From:
Collins, Amanda |
|
To:
UnTrustable |
|
Date:
Sent: Sunday, May 30, 2010 18:26:24.0953 (UTC) |
|
Subject:
Out of Office AutoReply: YouTube CopyRight |
|
|
|
Thank you for your message. |
|
I am out of the office until Tuesday 6/1 and WMG's offices are closed for the holiday
on Monday. |
|
I'll respond to you as soon as possible. |
|
If you are a journalist on deadline or need to reach me more immediately, please call my cell phone. |
|
|
|
Thank you |
|
Amanda |
|
|
I
couldn't help myself to facepalm for a long period of time. Seconds became
hours to me, still, as 'quick' as possible i couldn't resist |
sending
up this: |
|
|
To:
Collins, Amanda |
|
Date:
Sent: Sunday, May 30, 2010 |
|
|
|
You are away alot miss. |
|
I want to talk about this little Youtube issue as soon as possible. |
|
Dont wait too long, just to let you know. |
|
|
Before you go
apeshit on me, yelling how polite this lady is, to be willingly answering
me at sunday, while i am doing very hostile, or |
jerk-like.....
When her server autoreplied at 22 may 2010 to be out of office untill 24
may 2010, she or anyone else who works there, had |
at least 5
working-days the time to review their e-mails or back-upped e-mails. So in
fact i was very patient to them. |
|
But yeah, you're
right. Im reacting like this on purpose, just to lure a reaction from them :p |
(I had
conflicts with more companies in the past and i learned from them to
behave like this to achieve results in the highest gear.) |
|
And
actually unexpected later that night, just before i want to go to bed.... |
|
|
From:
Collins, Amanda |
|
To:
UnTrustable |
|
Date:
Sent: Sunday, May 30, 2010 |
|
|
|
What is the nature of your issue with YouTube? Have you reached out to YouTube already? |
|
|
|
To:
Collins, Amanda |
|
Date:
Sent: Sunday, May 30, 2010 |
|
|
|
Hi, |
|
|
|
According to YouTube.com, your company, WMG, has tagged one of my video to be breaking the copyright laws. |
|
Im sure it is not. |
|
|
|
Please, be so kind to examen my video:
http://www.youtube.com/watch?v=78vWcn6kcr0 |
|
and compare it then with this video:
http://www.youtube.com/watch?v=KzWQGUSHDOA |
|
I like to know what made your company to be so sure, my video is absolutely breaking the copyrights? |
|
|
|
Im sure your company can convinced YouTube to 'untag' my video. |
|
In the meantime i try to contact YouTube myself too. |
|
|
|
Thank you for your time. |
|
|
No replies since.
So.... that makes me think like, WMG really doesnt know what im talking
about. That means, they are not guilty?? |
Just
logically thinking... YouTube is the only here to blame for.
Why? |
Their Identification
software
clearly tagged my video to be copyright
infringement, |
and clearly said
that the 'problem' was the audio, and the content owner was WMG. |
YouTube
didnt help me out by sending in multiple counter copright
notice's during the month April 2010. |
So i was quite
convinced i had to talk to WMG about this. |
|
|
Accidently i got
on some Google Forum linked to YouTube. on 31 may 2010 |
That
Topic is located here, but if it got removed somehow by whoever and by
whatever reasons they might have had, |
here is the same
Topic, so removing the information would be pointless. |
|
|
Topic:
ID identification YouTube video |
|
Date:
1 June 2010 |
|
By:
UnTrustable |
|
|
|
Short
and straight version: |
|
I
have a video that is tagged as copyright infringement by WMG:
http://www.youtube.com/watch?
v=78vWcn6kcr0 |
|
I
called out for this WMG company, but they send me back to YouTube to
deal with this issue. |
|
So,
here is my excuse that i absolutely dont believe i have break some
laws. |
|
That
is, depending in what perspective you look at it. |
|
Short
version: i would direct to the fair use policy. |
|
Long
version: I have used music, reduced it in volume and kept all
in-game sounds in, in such way nobody is |
|
able
to re-use this track in any way without all the annoying in-game
sounds. |
|
In
the law it says, we should not alter materials, well, that
line is very unclear, because i DID alter the song |
|
in my
video by merging all in-game to the song..... just a matter of
perspective i guess... |
|
Anyway
the law is sometimes very vague. |
|
|
|
Now
back to my question or actually it is a request to YouTube. Please
untag my video, unless you really |
|
think
i would have broke the law somehow. |
|
Then
again, why not checking out the difference between my video and this
one? |
|
http://www.youtube.com/watch?
v=KzWQGUSHDOA |
|
I
tried many times to fill in the counter copyright claim, but that
doesnt work. i only receive auto replies thats |
|
help
me no further. |
|
I
accidently got here, so i try here now. |
|
|
|
Update: |
|
|
|
Edit:
same situation here: http://www.google.com/support/
forum/p/youtube/thread?tid=
0e5597ffe246540f&hl=en . |
|
Sorry
people, didnt seen that post when i post mine. All with all, still,
sending a counter notice doesnt work for me, since |
|
i
send it in a month ago, and my video is still tagged as being
infringe the copyright. |
|
I
dont get it, but im very sure YouTube's Identification software
fails big time. |
|
That
piece of software also made me moving towards/against WMG, and they
seems not to know anything about this. |
|
|
|
Whatever
this software is doing, in my point of view today is, its accusing
me indirectly for doing criminal |
|
activities,
and putting me on the wrong track for believing i have to deal
with WMG about this. |
|
|
|
YouTube
team only answers constantly with autoreplies. |
|
|
|
Topic:
Reply: ID identification YouTube video |
|
Date:
1 June 2010 |
|
By:
Rewboss |
|
|
|
Any
use of third-party material without the permission of the copyright
owner is illegal, even if you edit it or |
|
change
it or merge it with other sounds -- it is quite simply illegal.
"Fair use" is a defence you can use, but |
|
you
may have to go to court to make your case. |
|
|
|
For
proper legal advice, I'm afraid you'll have to consult a lawyer. |
|
|
|
Topic:
Reply: ID identification YouTube video |
|
Date:
1 June 2010 |
|
By:
UnTrustable |
|
|
|
True,
absolutly true when i would make profit over this, or keeping (in
this case) the audio track intact as being a 1 to 1 copy. |
|
My
video's soundtrack is a non 1 on 1 copy, and cannot be brought
back (ripping) to be a 1 on 1 copy. (with doing this, im not
breaking |
|
the
copy law here.) |
|
I
indeed not re-direct the rightfull owner name or group name of that
specific song. |
|
But
even if i do so... today, im sure my video still gets tagged in this
ID indentification system. |
|
|
|
But
im not going to lecture anyone, but i cannot aknowledge a law that
is only giving profit to only 1 side of the party. |
|
I
strife for some balance here and more important, a common sense
here. |
|
I
mean, im planning making more and more materials the same way as i
did like this 'stupid to mention' |
|
video,
(but now including the rightfull owner of whatever materials im
about to use.) |
|
|
|
The
laws that are now being used by the goverment and/or
copyright companies who likes to 'attack' the |
|
internets,
actually are killing-, if not tighter the people's non-profit
creativities. |
|
I
know a few laws about creativity too, together with the copyright
laws, it will mix quite nice. |
|
Everything
together, i know im doing right here. |
|
|
|
I
dont know if ANY YouTube Owner/Boss has some common sense, but
at least think about this |
|
Im
not going to make this a case, i simply don't have the money, nor
the time, nor the transport, nor the energy for it. |
|
And
certainly not for just a 'stupid' video, where people like to fight
for. |
|
I
just call out to the YouTube owner or maintainer to consider my
thoughts about this. |
|
I did
do my homework, so i know how certain laws works. |
|
|
|
No
offence to any of you there. Just trying to make a point here
to think about. |
|
|
|
Topic:
Reply: ID identification YouTube video |
|
Date:
2 June 2010 |
|
By:
Epontius |
|
|
|
YouTube
has no control over it. It's between you and WMG. YouTube is simply
doing what the law requires them to do. |
|
|
|
Topic:
Reply: ID identification YouTube video |
|
Date:
2 June 2010 |
|
By:
UnTrustable |
|
|
|
hmm,
well thanks for the information. |
|
|
|
To: http://www.wmg.com/contact |
|
3 June 2010 |
|
|
|
Hi there, Im sorry but here i am again, and untill this matter has been talk out and solved, i have to contact you people at WMG again, |
|
and i have no intensions to stop. |
|
|
|
Yep, again the accusations continues, according to YouTube's forum members, |
|
its not YouTube's fault that their webpages says that it actual party to discuss this with is WMG. |
|
http://www.3dshots.nl/WarnerMusicGroup2008_YouTube/False_Claim_Of_YouTube_-_Full_Page.png |
|
YouTube simply do what they have to do according to the laws. |
|
I know HOW companies, organisations, and or businesses LOOK and HOW they USE the laws, so do i in return. |
|
I have done some studies in the COPY law, in combination of the COPYRIGHT law AND in combination |
|
of the freedom of artistics. |
|
And if you combinates all of these together with the verdict of your company (according to YouTube that is) |
|
your company claims that im a criminal before the actual case came to court. |
|
So the fact that... well... American way of laws, I am guilty untill proven otherwise, right? |
|
Well, thats not how it works in Europe, so in that case i can reverse your claims to be against |
|
the human rights. So... shall we talk? or would your company prefer to act innocent and not aware of |
|
any false accusations? |
|
How i came to the conclusion to have done or act everything in order according to the laws about the |
|
YouTube video:
http://www.youtube.com/watch?v=78vWcn6kcr0
i wont tell you. |
|
You figure that part for yourself. |
|
Therefore i assume your company knows how excatly to perform the laws the right way. |
|
And please dont bother me with the fact it i used a audio track that is a 1 on 1 copy, cause according |
|
to the laws, my music track is not a 1 on 1 copy at all. |
|
I also not taking any profit, and just only that 1 specific law makes me innocent. |
|
I however used every methode to 'protect' the materials that i used, but if we all use the way your company |
|
is using and handling the laws, well, i didnt have to do so much effort to 'protect' the materials, |
|
How could you sue someone who is recording their dancing child on a music track that plays in the background |
|
with awefull bad quality? |
|
Thats NOT how the laws works, and your company knows that pretty well. |
|
Now i friendly ask your company to send YouTube a (if necessary multiple) messages to untag my video. |
|
Please, use common sense. |
|
|
|
Thank you for your time. |
|
|
|
Topic:
Reply: ID identification YouTube video |
|
Date:
5 June 2010 |
|
By:
UnTrustable |
|
|
|
I did some more investigation on my own.... |
|
|
|
Im still confused according this You Tube's identification Software. |
|
Who build that program, and how does it works? Because i have reasons to believe |
|
whatever information it has gathered is not enough to state the claim to accuse |
|
anyone of CopyRight infringements. |
|
YouTube still needs a human factor of (a third party ( it could be a judge)) to determine that |
|
the claim has been made correctly or not. |
|
|
|
I would like to see the information that the identification software gathered that |
|
resulted into the claim that it had stated to my YouTube account. |
|
|
|
I also like to talk to someone of the YouTube team that knows about rights and laws, very soon. |
|
Very soon i said, because i believe YouTube is fast in judging people but is extremely slow in |
|
answering their actions. |
|
|
|
Warner Music Group seems to be an agency that has the song that i used registrated. |
|
And thats where everything stops for them. |
|
According to YouTube's available information, it claims to have set up this identification Software |
|
and therefore they are the one's responcible of whatever the software is making claims on video's. |
|
I say that the Identification software of YouTube made an error. It also misses the human common sense |
|
and cannot tell that some video falls into a 'grey area'. |
|
|
|
Oh yeah, keep notice that i record everything about this matter and publish this anywhere i like. |
|
Any third party that has nothing to do with this issue or were helpfull in any way, will become anonymous, |
|
if they want to, or if they get harmed directly or indirectly they will become anonymously automaticly in |
|
my report. |
|
|
|
Thanks for your time. |
|
|
|
Topic:
Reply: ID identification YouTube video |
|
Date:
5 June 2010 |
|
By:
Rewboss |
|
|
|
What's happened is this: The auto content ID system detected your use of the disputed material in your video, |
|
and this is what is called "prima facie" evidence of copyright infringement. |
|
The claimant ordered your video disabled. |
|
By law, YouTube had to comply with that request and also give you a way to dispute the claim. You did dispute the claim. |
|
After that, I don't know what happened, because you didn't say what these unhelpful automated responses were that you say you received. |
|
Two possibilities: Either you made an error filing your counter claim, or the claimant informed YouTube of their intention to obtain |
|
a court order against your use of their intellectual property. |
|
If the former, then you should get a lawyer to help you file your counter claim. If the latter, then you should get a lawyer |
|
to help you defend yourself in court. |
|
|
|
Please note that no matter how much you alter the original, no matter how much you edit it, no matter how difficult you make it for others |
|
to reconstruct the original, it may still be copyright infringement even if you are not making any money from your video. |
|
|
|
This is not merely YouTube policy, this is the law. |
|
Only a court case can finally establish once and for all whether you can legally use the material you used. |
|
We cannot help you any further, and nothing you can post here will change the situation. |
|
|
|
References: |
|
|
|
[1] Copyright Tips A few guiding principles : General Copyright
... |
|
|
|
Topic:
Reply: ID identification YouTube video |
|
Date:
5 June 2010 |
|
By:
UnTrustable |
|
|
|
What started as anti copy: (Copy: A true copy that preserves all the markings and contents of the original.) transformed into CopyRight? |
|
Figurely speaking, if i change a Snickers candybar, into a Mars candybar (taking out only the peanuts), changing the material into a
whole |
|
new or other material (anti copy) dispite the fact the two candybars are still sweet, but without the peanuts is still forbidden according to |
|
the copyright? |
|
I know, it sounds stupid, and in a matter of speaking the example might not rightious the situation, my situation for that matter. |
|
...Just pointing out the controversity of this... |
|
|
|
If YouTube takes everything by the letter, then here is something to think about. |
|
According to the law section 106 (if you rationalized this backwards, the owner of the copyright has the right to and to authorize |
|
to prevent the reproduction of the copyrighted work
in copies or phonorecords. |
|
|
|
...In copies...? Is the used material in its whole a copy? I like you to re-read the first
2 lines of this post. |
|
|
|
Well , i admit it has become a new material (Snicker to Mars
methode) together in the video, yet the law also said indeed not to make |
|
any alterations. |
|
So reducing its volume or to add multiple other sounds to prevent reconstructing the material back to its original content,
is useless? |
|
|
|
You say: "The claimant ordered your video disabled." Did that really
happened? According to what i have received from the claimant sofar |
|
was confusion. |
|
They didnt know what i was talking about and advised me to go talk to YouTube. |
|
So its normal for me to believe YouTube auto-react on their own. Just say, if im wrong at
this. |
|
|
|
We all know that this video causes no treat to the industry, to be honest, this video was mainly meant to show people ( just 356 hits only ) |
|
how to gather the available weapons in this game, not to bring this song illegal to the people. |
|
So basicly you can see this video be more like educational... game-wise that is.
:P |
|
No, im not attempting to justify any of my actions. |
|
As i said before, im just trying to reach for the common sense in the fair use policy. |
|
If you want to, Im even willing to reduce the song more so that its far far deep in the background. |
|
I guess thats not the point here, right? Yeah i know, the law says so... |
|
As
you said: "nothing you can post here will change the situation." |
|
So there is only one more solution left for me to do, if i dont choose court. |
|
|
|
Well, someone has to add the fair use policy more power, because without it, I believe YouTube is basicly destroying
itself slowly. |
|
Luckely YouTube has commercials addons. |
|
|
|
Well, at last i like to say that i might sound like a jerk, or a fool, whatever you want to name me, but i really had to know these things |
|
from YouTube's perspective, so thanks for the important info. |
|
I also hope YouTube understands my perspective, even though i have given so less information. |
|
http://www.3dshots.nl/WarnerMusicGroup2008_YouTube/CopyRights_FairUse_WMG_vs_YouTube_vs_UnTrustable.htm |
|
|
|
I now know again why im against certain specific laws restrictions when you take everything to the letter. |
|
Just
squeeze an eye from time to time to a video that basicly causes no treat to the industry. |
|
Dont get me wrong, im still honering the laws, yet like many others, in my fair way. |
|
I'm always try to do the right thing, but with the way YouTube (has to) uses the law, i cannot longer
trust and use YouTube's services. |
|
|
|
Thanks
for the good times and goodbye. ;) |
|
|
And thats where i
stop using YouTube's online services when it comes to uploading
video's/audio's and stuff. |
I have not said i
will stop using YouTube's services when it comes to postings, or
communicating with other YouTube people in |
the form of
texting or whatever that will become available now or in the future to
communicate directly or indirectly with other YouTubers, |
unless something
changes for the better of both sides, me and youTube, where we can trust
in each other. |
|
05 june
2010: |
Minutes later i
have removed all of my video's from YouTube because: (PAY ATTENTION,
because this is the moment why im against |
the law when
people takes it by the letter.) |
|
|
I cannot longer trust YouTube's law system. |
|
Therefore im not going to use YouTube's Upload (video) services any longer when it comes to (in YouTube's terms and |
|
or perspective of the law) illegal content. |
|
That means all my video's has to be removed, because they all use materials (not just audio only) that are against |
|
the CopyRight law. |
|
Simply, the fair use policy does not aknowledge the term amusement, and therefore ALL video's of mine are against |
|
the law. |
|
|
|
I know, its vague, and it should not, but if you take the law by the letter, all of my video's are against the law. |
|
Having a non-profit or 'protecting' the copyright material wasnt enough so it seemed. |
|
Im merely stay here for chatting, text postings, or viewing other people's video's. |
|
|
|
M.A.D.2 will not be available to YouTube, because that projects uses Sprites that is copyrighted to Id Games.
(EDIT: Id Software.) |
|
According to the CopyRight law in YouTube's perspective even the recolors (alterations) are not permitted for |
|
broadcasting. |
|
Sorry people. Its the law. :D |
|
|
Basicly this
sprite-concept might be alittle exaggerated, yet, im just making a point
here that basicly we cannot do much else |
to perform our
harmless hobby's with existing materials now-a-days. |
This was the
result i was trying to get by creating this report. |
|
The End. |
|
Not the end....
'sigh' |
|
The
more I study the available online information about the copyright laws,
The more I found gaps and holes in the system. |
I also
understand better why certain companies acts the way they acts towards the
people and what perspective they have reading and understanding the laws. |
I
might considering myself to do the same strategy, but then from my own
perspective. |
The
eventually result will be a situation where both sides of the party
is acting according to the law, and if nobody is willing to understand or
compromise |
there
will be chaos. |
However,
im just alone against the rest of the big wealthy (and so it seems a very)
powerful industry. |
|
|
Sofar i found two
gaps: |
First: article 16c
Copyrightlaw 1912, known as the HomeCopy. (its the 1 - 1 copy thing im
bashing about all these times.) |
|
Second: article
1201(f) DMCA of 1998, known as the reverse enginering for educational
purposes. |
|
The
rest is a matter of perspective or human factor, or if none of these, the
law has vague statements that has an empty- or doesn't have a solid
explaination. |
|
Like the 'Fair Use
Policy' at article 107 |
1) 'The purpose and
character of the use, including whether such use is of a commercial
nature or is for nonprofit |
|
educational purpose',
which the profit part
cannot be said or determined by a second party such as WMG or
youTube, |
|
however, YouTube should/could have known that I had no profit marks
on on my account, on their servers. |
|
That part could have been easely detectable for YouTube, but they
did not do that. Don't ask me why? |
|
I also like to ADD: ' ...for amusement purposes' instead of
educational purpose' only, however, making a video is |
|
certainly educational to me. :p |
|
Amusement can be non profit too. |
|
2) 'The nature of the
copyrighted work'? What does it say, the nature? That could be
everything. Does it mean in what status |
|
the copyrighted material finds itself in? Is it the way the
copyrighted material has been used? |
|
3) 'The amount and
substantiality of the portion used in relation to the copyrighted
work as a whole'? what does this mean? |
|
Are they saying about the lenght of the used (if soundtrack)
materials? Where does the law say what the lenght may be? |
|
People are whispering about a maximum of a 30 seconds of lenght. |
|
4) 'The effect of the
use upon the potential market for or value of the copyrighted work'?
As the way YouTube and WMG |
|
done the things to me, for within 1 month nobody or any possible
calculation, or any verdict based on an assumption |
|
can determine whether the copyrighted (and certainly not in my case)
materials had a positive- nor a negative effect on the |
|
potential market. Thats just guesswork, and to be on their safe
sides they choose to mark my video. |
|
|
|
|
15
june 2010: |
|
I
have deleted my YouTube account, because even when i have deleted ALL my
video's, YouTube still says that im a criminal by saying |
that
this TheUnTrustable account still deserves a warning of Copyright
Infringement. |
YouTube
likes to have a explaination of why someone's deleted their account, so
here is mine: |
|
Translated
text (google) |
|
False
accussations of YouTube itself. |
Sadly
how YouTube (despite their free services and their rules). |
I
deleted this account because i still see the false accusations despite the
fact that i have removed ALL of my video's. |
Infact
it is YouTube itself who is the guilty one, who keeps saying (even though
its software-matic) who is criminal while that is not the case. |
Making
contact with YouTube seems to be impossible. Despite the free services,
this whole is a bad development. |
|
Original
text: |
|
Valse beschuldiging van YouTube zelf. |
Zeer treurig hoe YouTube (ondanks dat ze een vrije service aanbieden, met de daarbij behorende regels en instellingen). |
Ik zeg deze account op omdat ik ondanks dat ik ALLE video's heb verwijderd, YouTube blijft zeggen dat ik criminele akties heb |
ondernomen, terwijl feitelijk het YouTube zelf de schuldige is die CLAIMED te mogen zeggen (hetzij met software) dat iemand |
een crimineel is,
terwijl dat NIET het geval is. |
Contact met YouTube personeel opnemen is ook al ondenkbaar. Ondanks de vrije service, een hele slechte onwikkeling van/voor YouTube.
|
|
|
|