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Welcome to The Hairy Bear: The Witcher Off-Topic [Archived]

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BirdTheBard

Rookie
#22,822
My uncle was in naval infantry... in the desert.



Previously this desert was known as Aral Sea.

Ugh, finally got that bastard. Chased for it for few bloody months.

 
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volsung

Forum veteran
#22,827
Guy N'wah said:
@.Volsung.
Base79 is Rightster (Rightster bought Base79 last July). Rightster's line of business is, well, copyfraud. They're doing well at being the biggest copyfraudsters in the world. And YouTubeGoogle is the judge and jury. That's who you're up against, a fraudster with top lawyers and deep pockets, and a monopoly whose interest is in not being sued by top lawyers and deep pockets.

If you want to fight this, more power to you. It won't be easy. You're in the right, but you're taking on King Kong with a biplane.
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Dragonbird said:
In your appeal, you may also be able to go for Fair Use as an additional argument, as well as the public domain argument. It's worth adding as an extra piece of ammunition if it fits the rules.

But yes, you may need to be prepared to take it down.

(I removed one in similar circumstances. It was a music video to go with an album track. Made with the band's permission, even featured on their website, but later on they split off from their record company, the record company had the recording rights and wanted to monetarize it. And I had no paperwork. They still had a copy on THEIR Youtube channel, but not my own. Sigh).
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Thank you both, I will keep this in mind. I am aware this might be just a pointless effort but I can't just shut up and take it. At least I'll give them a piece of my mind, especially since it is all digital at the moment.

We're ready to take down the video and not let an unscrupulous company profit from fraud if or when they reject our appeal.

I like Guy's illustration. That's pretty much how it feels, abused and totally powerless. Can't imagine how it must feel to have something seriously important at stake. Welcome to the world we've built.


In the picture, a corrupt corporation is about to chew up an innocent civilian who stepped out of line.
 
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Gilrond-i-Virdan

Gilrond-i-Virdan

Mentor
#22,828
.Volsung. said:
I need some advise.

A few days ago my wife uploaded to youtube a video she made for a song she wrote and recorded. The song uses audio clips from a public domain movie, and the video clip uses, well, video clips from that same movie. It was all for fun, based on the well known Manos: The Hands of Fate.

But then a couple of days later she receives a notification about a copyright claim made by some Base79, which seems to be (at least in this case) acting like a patent troll. The claim in question refers apparently to the video content, not the original audio or the sampled movie audio bits. She disputed the claim stating that the material she used is public domain and can be legally obtained from archive.org. But then today she was told that Base79 did not accept her dispute and will retain their claim.

The result of this is that unless we appeal, she will have to agree to have commercials on her video clip. We don't want to put up with this bullshit so we are planning on writing a good appeal and make it clear that this sort of media can be freely used and noone can claim anything over it. If this doesn't work, we'd rather remove the video altogether and not let Base79 bully us.

So... suggestions? Help? Is there something specific we should mention or reference? And, does youtube simply allow companies to harass users? Is there an alternative service?

Thanks.
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EFF can offer some advice (it depends on the case, but this one looks like a candidate). They are usually responsive and will at least tell you if it's something they can't help with. See https://www.eff.org/pages/legal-assistance

What if you just want basic legal information?
Feel free to send your query to info@eff.org. But first, please search the EFF website, which is chock full of helpful information and may answer your question entirely. Since EFF's website contains so much information, it's a great idea to see if we've already answered your question by using the search box on the upper right hand corner of any eff.org page.
If you don't find what you're looking for, it's possible that we can help you with some basic information, but please understand that we cannot and will not give you legal advice unless we affirmatively agree to take on your case. Note also that the line between information and legal advice can be fine, and we may tell you that you need to speak to another lawyer even if you think you're only seeking legal information. In many cases, your local bar association (usually organized by county) can provide the best help--most offer referrals to low cost consultations.
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I'd say in your case Youtube is acting wrongly. DMCA should work that if you counter claim, the other side has to prove in court that you are infringing something. And since this troll can't prove anything, their claim should be busted. But Youtube is known for not being friendly and putting more burden on wrongly accused than they have to.
 
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wichat

wichat

Mentor
#22,829
YOHOOO! Christmas Hollyday is here!!

No Disneyland nor Park Aventura nor Black Pool Pleasure nor LegoLand...

This year-... Cristreeland!!!

Mery Christmas...even if you don't celebrate it ;)


Yes! Big Bro is watching us very satisfied!

 
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