Dmca takedown stories at Techdirt. – Techdirt – FilmyVoice
from the can’t-even-talk-about-downloading dept
In Walled Tradition the e-book (free digital variations accessible) there’s a chapter in regards to the widely-used “discover and takedown” system, and its many abuses. One indicator of how dangerous issues are, and the way they’re nonetheless getting worse, is the variety of requests that Google receives to de-list hyperlinks from its search outcomes. Final yr, Google had obtained greater than 5.7 billion takedown requests over the previous decade; now that determine has elevated to over 6.7 billion in whole. In different phrases, Google alone is receiving a billion takedown requests per yr.
It’s hardly information that many of those requests are abusive, and sometimes used to take down completely authorized materials. However a latest takedown request to Google is outstanding on this respect. As TorrentFreak explains, the criticism, made beneath the US Digital Millennium Copyright Act (DMCA), apparently comes from the impartial music label “As a result of Music”, and targets obtain and conversion software program that permits YouTube materials to be downloaded as a file.
The declare is that these circumvent YouTube safety measures, and thus violate the DMCA’s anti-circumvention provisions. That in itself is fairly ridiculous, since YouTube doesn’t have any significant copy safety in place, as an necessary latest lawsuit identified. However TorrentFreak noticed that amongst the handfuls of websites with hyperlinks to such YouTube “streamripping” software program, there’s something fairly totally different: Wikipedia’s “Comparability of YouTube downloaders” web page.
The takedown request needs a Wikipedia web page faraway from Google’s search outcomes as a result of it talks about YouTube rippers, and presents an in depth comparability of them. Hyperlinks to the software program are incidental, showing solely on the foot of the web page as references. The demand that Google ought to de-list hyperlinks to the web page in its search outcomes is a thinly disguised however harmful assault on data. The implicit message is no one needs to be allowed to speak about, and even learn about issues that the copyright world disapproves of. It’s the logical conclusion of Large Content material’s view that every thing on-line needs to be subordinate to its pursuit of whole management there.
Comply with me @glynmoody on Mastodon. Initially posted to the Walled Tradition weblog.
Filed Below: copyright, dmca, dmca takedown, takedowns
Firms: as a result of music, google, wikipedia
from the madness dept
A few weeks again, we mentioned how Google had delisted the app Downloader from the Play Retailer after a DMCA discover was issued by a agency representing a number of Israeli TV networks. The issue with all of that is easy: Downloader doesn’t have something to do with copyright infringement or piracy. All it does is mix a file supervisor and fundamental net browser. The DMCA discover centered on the latter, complaining that customers may get to piracy websites from the browser. You realize, similar to you possibly can from any browser.
Effectively, take coronary heart, expensive pals, as a result of Google reinstated Downloader on the Play Retailer 20 days after it was eliminated.
Google has reversed the suspension of an Android TV app that was hit with a copyright criticism just because it is ready to load a pirate web site that can be loaded in any commonplace net browser. The Downloader app, which mixes an internet browser with a file supervisor, is again within the Google Play Retailer after practically a three-week absence.
Along with the rejected enchantment, Saba filed a DMCA counter-notification with Google. That “began a 10-business-day countdown for the [TV companies’] legislation agency to file authorized actions towards me,” Saba wrote immediately. “As a result of app being eliminated on a Friday and the Memorial Day vacation, 10 enterprise days had elapsed with no phrase from the legislation agency on June sixth and I contacted Google to have the app reinstated.”
All of which is why Google, additional down the article, is quoted as saying they adopted the usual playbook to DMCA takedown notices. The counter-notification kicked off that course of, giving the agency that issued the unique discover time to determine whether or not to file a lawsuit or not, which it presumably didn’t. The quote has all of the hallmarks of Google resting on that course of to wipe its palms clear of the entire scenario.
However that’s silly. It additionally serves for instance proving Saba’s level: the DMCA takedown course of is damaged. {That a} bunch of overseas TV networks can get a wonderfully legit app faraway from the app retailer for weeks simply by pushing paperwork round is absurd.
As is Google’s continued incapacity to get issues proper with regard to this specific app.
In one more instance of the Google Play Retailer’s absurdity, Google had decided that my app collected e mail addresses with out declaring so. Since there isn’t a method for my app itself to gather e mail addresses, and with none extra info or assist from Google, I can solely assume that Google is referring to the e-mail mailing record signup type on this web site, which hundreds by default within the net browser of the Downloader app.
As soon as once more, that isn’t the app doing a factor; it’s the net browser doing it if somebody indicators as much as be on an e mail record.
So, the app is again, a lawsuit has not but been filed, and everybody will most likely neglect about this complete factor, which means the damaged nature of the DMCA course of will stay damaged. Bang up job throughout.
Filed Below: android, app retailer, copyright, dmca, dmca takedown, downloader, play retailer
Firms: google
from the oops dept
We discuss so much round right here in regards to the many issues with the copyright trolling trade. These issues take a number of kinds, however they are often greatest globalized as an issue of the copyright troll’s fundamental enterprise mannequin. These teams declare to sort out piracy in protection of the content material creators with whom they contract, however they accomplish that not by spear-fishing confirmed infringers with sound proof, however fairly they solid as huge a internet as potential based mostly on flimsy proof at greatest, all within the hopes of manufacturing sufficient settlement cash from scared recipients to make some coin. This bird-shot strategy, to additional combine my looking analogies, inevitably creates critical collateral injury and exposes how poorly constrained the know-how used to establish infringement is to actuality.
To see this at work in probably the most ironic and palm-facing diploma, we are able to check out IP Arrow. We’ve mentioned IP Arrow up to now, specifically its fortunately sending out bogus DMCA notices for legit companies that appeared to falsely declare that its purchasers personal the rights to youngster pornography. Additionally, we wrote about how the proprietor of the group owed hundreds of thousands of {dollars} to Hollywood for having run his personal warez web site years earlier. Extra just lately, evidently both the know-how IP Arrow is utilizing to establish infringing events for its purchasers has taken a very silly flip for the more severe, or the group has graduated to making an attempt to make use of the DMCA course of to stifle criticism.
This week, the operator of troll protection weblog Combat Copyright Trolls identified to fellow troll defenders DieTrollDie that IP Arrow had reported the location to Google for being a copyright infringer, which it most clearly isn’t. The issue started in January when DieTrollDie (DTD) printed an article about quite a few trolling circumstances filed by ME2 Productions, the corporate that holds rights to Mechanic: Resurrection.
ME2 has been suing BitTorrent customers all around the United States, so the circumstances naturally got here to the eye of DTD, which supplied its common critique of the corporate’s actions to date. Nevertheless, in explaining sure flaws in some circumstances, the location referenced the hash worth (B5201111ACEC1E5025DE3087B15DF84612C02579) of one of many pirate copies of Mechanic: Resurrection floating about on the Web. This was sufficient for IP Arrows’ bots to flag DTD as a pirate web site and report it to Google. Whereas this was most likely a easy error, that is an especially delicate space so it’s simple to see how some may view the takedown as an try and silence ME2’s critics.
Within the beneficiant view, that is the place the criticism of IP Arrow’s laughably huge piracy internet is available in. If this was certainly executed in error, it’s no small error, and it’s a horrible look regardless. The very fact of the matter is that DTD’s work is criticizing organizations like IP Arrow and reporting on the ways it makes use of. For a DMCA discover to reach on the doorstep of that criticism just because a publish by DTD referenced the hash of a torrent as part of its reporting is ridiculous. Remember that websites like DTD are well-versed in how you can deal with these sorts of bogus DMCA notices, whereas a lot of the public isn’t. Even kindly trying upon this as an error leaves IP Arrow with a serous downside.
Besides that DTD wasn’t the one group crtical of IP Arrow that obtained a discover.
The identical takedown discover filed towards DTD makes issues worse by additionally focusing on one more web site setup to assist individuals focused by copyright trolls. Troll-Protection.com is operated by Lybeck, Pedreira & Justus, a Washington legislation agency that’s extraordinarily unlikely to be infringing upon Lionsgate or ME2 copyrights. Nonetheless, the location was additionally reported to Google for copyright infringement. Bizarrely, in every case the goal of the infringement notices had been courtroom papers referencing ME2’s Mechanic: Resurrection circumstances towards alleged copyright infringers. As within the reporting of DTD, it doesn’t look good that websites providing authorized assist to residents are being focused by corporations with connections to the content material in query.
“At first I believed IP Arrow was too silly to know what a hash file is. However after seeing that additionally they tried to take away search listings to publically accessible courtroom paperwork, it seems to be like an effort to cover info regarding their copyright trolling operation,” DTD’s operator says.
You understand how the saying goes: by no means ascribe to malice that which might be defined by incompetence. And it’s greater than a bit tempting to play this all off as IP Arrow merely being horrible at its said purpose. Whether or not that’s the case or not is unclear, however it solely barely issues, as a result of both method we find yourself on the similar place: IP Arrow critics getting DMCA takedown notices on content material that isn’t even remotely infringing materials and is in some circumstances publicly accessible case filings. These two websites know how you can deal with this nonsense, however what number of harmless websites have been caught on this huge internet and caved? At the very least some, it appears.
DTD additionally expressed concern that contemplating the volumes of notices being obtained by Google, it’s seemingly that harmless websites will fall sufferer to errors like these. It seems that these issues are properly based. Torrent-Protection has been focused by IP Arrow on a number of events (1,2,3), with Google delisting pages 100% of the time.
This hasn’t happy lawyer Benjamin Justus, who operates the location for Lybeck, Pedreira & Justus.
“With courts and shoppers already involved that mass copyright fits by ME2 and its associates are being pursued in arbitrary trend, I believe that ME2’s brokers’ focusing on harmless events with baseless takedown notices will solely additional the skepticism that these corporations should not engaged in reputable enforcement efforts,” he concludes.
Frankly, the penalties needs to be far larger than mere skepticism. And having websites run by legislation companies getting these DMCA notices most likely isn’t one of the best plan for IP Arrow.
Filed Below: censorship, copyright, copyright trolling, dmca takedown
Firms: ip arrow
from the because-of-course dept
One other day, one other instance of copyright getting used to censor. A number of weeks in the past, we wrote a few sketchy crowdfunded “meals scanning gadget” firm known as TellSpec, which had ridiculously threatened the web publication Pando Every day with laughably ridiculous defamation claims. The threats had been ridiculous for any variety of causes, together with the truth that the statute of limitations had expired and the commentary wasn’t even remotely defamatory. There have been additionally some bizarre (and silly) threats about suing within the UK, regardless of TellSpec being based mostly in Toronto and Pando within the US. Sooner or later, TellSpec then denied having made the threats, however that gave the impression to be pure injury management.
Not surprisingly, this response led Pando to proceed to research TellSpec, and it found some extra sketchiness, together with one other crowdfunding marketing campaign which has since been pulled. Mainly, even though TellSpec hasn’t delivered the product it promised to Indiegogo customers, and regardless of the proof that the product they’re engaged on doesn’t even do what they promised (not by a protracted shot), TellSpec tried to lift extra money by way of a special crowdfunding web site — Crowdfunder — which focuses on fairness crowdfunding for accredited traders (although Pando exhibits that Crowdfunder seems to make no effort in any respect to confirm if customers are accredited traders).
From there, Pando’s Paul Carr obtained entry to TellSpec’s funding paperwork, wherein it claims lots of the fundamental options it promised years in the past gained’t be prepared for years sooner or later, and means that it’s nonetheless a great distance off from delivering even a way more restricted product (which it advised Indiegogo backers it might begin delivery by final month on the newest). Additionally, Carr notes that these paperwork by no means truly point out the main points of the Indiegogo marketing campaign (or point out Indiegogo in any respect), however fairly counsel that the corporate has tons of “pre-orders” which they use to point out how profitable they’re. This leaves out the frustrations from all of the backers who haven’t obtained something, and who’re doubting the corporate has an actual product.
Carr posted these paperwork on Scribd as supply paperwork to help his reporting… main TellSpec to (1) ship him offended and weird threatening emails and (2) situation a DMCA takedown to Scribd, main Scribd to cave and take them down (watch out who you accomplice with, individuals).
THIS IS AN OFFICIAL NOTIFICATION THAT A USER OF SCRIBD (select one): *
has posted my copyrighted/trademarked work with out my permission.I’m (select one): *
the duly approved consultant of the unique rights holderfor the next titles:
Tellspec Government Abstract 09-30-2015 3
Tellspec_TellSpec-Investor-Deck_09-30-2015-3
Tellspec_QA-Tellspec_09-18-2015-3These unique rights are being violated by materials accessible on Scribd on the following URLs (embody as many as essential): *
http://www.scribd.com/doc/288228641/Tellspec-Government-Abstract-09-30-2015-3#scribd
http://www.scribd.com/doc/288228638/Tellspec-QA-Tellspec-09-18-2015-3
http://www.scribd.com/doc/288228639/Tellspec-TellSpec-Investor-Deck-09-30-2015-3I’ve a great religion perception that using this materials in such a trend isn’t approved by the copyright holder, the copyright holder’s agent, or the legislation. * I agree
Below penalty of perjury in a United States courtroom of legislation, I state that the knowledge contained on this notification is correct, and that I’m approved to behave on the behalf of the unique rights holder for the fabric in query. * I agree
I hereby request that you just take away or disable entry to this materials because it seems in your service in as expedient a trend as potential. Thanks.
Your full authorized identify (required) *
Isabel HoffmannFirm identify (if relevant)
Tellspec Inc.Bodily deal with: * 7B Nice Blvd, suite 991
Toronto, ON M4T 1K2
Canada
E mail deal with: * [redacted by Pando]Telephone quantity: [redacted by Pando]
Pando has now discovered that you shouldn’t use Scribd for those who’re a journalism outfit. As soon as Pando began complaining publicly, Scribd agreed to place the paperwork again, however it shouldn’t take public condemnation to cease copyright misuses for the sake of censorship.
However, extra importantly, we get one more instance of individuals utilizing the DMCA for censorship, fairly than to guard towards any reputable “copyright infringement.” And that is the regime some individuals suppose is value increasing?!?
Filed Below: censorship, copyright, crowdfunding, dmca takedown, meals scanner
Firms: crowdfunder, pando, scribd, tellspec
from the copyright-law-at-work dept
Final week, an Indian blogger, Thejesh GN, found that cellular operator Airtel was injecting javascript into subscribers’ looking classes, which is each extremely sketchy and an enormous safety concern (to not point out elevating internet neutrality points on the aspect). He posted the proof to GitHub and tweeted about it:
He posted the proof displaying that javascript was being quietly inserted, and that it apparently tried to insert some form of toolbar:
That’s all tremendous sketchy. However that’s simply the very starting of this story. As a result of days later, Thejesh obtained probably the most ridiculous authorized menace letter, coming from a lawyer named Ameet Mehta from the legislation agency Solicis Lex. It claims to be representing an Israeli firm, Flash Community, which is seemingly chargeable for the code injection software program… and it claims that by merely revealing to the general public that Airtel was doing these injections, he had engaged in felony copyright infringement beneath the Info Know-how Act, 2000.
If that sounds acquainted, that’s as a result of we wrote about that ridiculous legislation final yr, noting that it might technically permit individuals to be put in jail for merely fascinated by infringing somebody’s copyright.
And the Solicis Lex attorneys, to point out they’re not messing round, cc’d the police on the letter they despatched:
The crux of the “copyright” declare appears pretty ridiculous:
The stated code is closed supply software program and our shopper is sole proprietor of the identical. Subsequently, nobody can use the stated code with out acquiring license from our shopper towards fee of charges and/or royalties and on industrial and authorized phrases acceptable to our shopper. Your aforementioned actions represent a blatant violation of our shopper’s copyrights and different proprietary rights within the stated code.
Keep in mind: all Thejesh GN did was present the code that Airtel inserted into his browser. If Flash Community thinks that displaying the code that it dumps into every of your looking classes is felony copyright infringement, nearly anybody who does a “view supply” could possibly be responsible. That’s a plainly ridiculous studying of the legislation.
On prime of that, the attorneys despatched a DMCA discover to GitHub, which caved in and took it down:
That is regardless of GitHub’s latest promise to not take issues down with out first alerting the customers in query.
Completely every thing about that is insane and dangerous. The preliminary injections by Airtel/Flash are dangerous and harmful. Each corporations needs to be known as out for such javascript injections. However, Flash’s response to not solely threaten a totally bogus copyright takedown/stop and desist declare, but in addition to allege felony violations that would result in jail time simply provides an insane layer on prime of all that. Even arguing that merely posting screenshots of the injected code is civil copyright infringement is loopy. After which issuing a DMCA takedown to GitHub (to not point out GitHub agreeing to take the screenshots down…). All of it’s ridiculous and a transparent abuse of copyright legislation to silence somebody who revealed Airtel and Flash Community had been as much as questionable actions.
For individuals who argue that copyright is rarely used for censorship: clarify this story.
After all, all of it appears to be backfiring in an enormous method. Flash could have wished to cover what they had been as much as, however now it’s getting a lot, a lot, rather more consideration. Possibly, subsequent time, fairly than threatening whistleblowers of your dangerous practices with claims of felony copyright infringement, Flash and Airtel will suppose extra about their very own crappy enterprise practices that put customers in danger.
Filed Below: stop and decist, copyright, felony copyright, dmca takedown, free speech, india, injection, israel, javascript, javascript injection, thejesh gn
Firms: airtel, flash community, github, solicis lex
from the well-that-didn’t-work dept
I have a tendency to have the ability to undestand when smaller corporations, or maybe youthful corporations, don’t know and perceive what the Streisand Impact is and the way it works. You possibly can write off these things generally to inexperience, even for those who don’t forgive the censorious actions themselves. However I believe it’s honest to say that Konami ought to know higher than to suppose it may get away with disappearing a YouTube video it didn’t like, but that’s precisely what Konami did.
Two weeks in the past, George “Tremendous Bunnyhop” Weidman printed a YouTube video alleging he had details about the continuing pressure between Konami and Hideo Kojima. Now, it’s offline. (In case you missed the drama of the previous few months, Kojima and Konami look like within the midst of a breakup, at the same time as Kojima finishes work on Steel Gear Strong V: The Phantom Ache.)
Now, you possibly can perceive why Konami may not need a video about Steel Gear creator Kojima circulating simply because the work on the newest iteration of the sport sequence is because of be accomplished. In any case, Kojima is well-known, very talked-about, and the information that there’s some form of rift between him and Konami may create doubt in prospects’ minds about simply how a lot effort goes into this newest sport. Add to that the notion {that a} public breakup with a well-liked game-designer can most likely solely damage Konami’s popularity and it’s simple to get why the corporate would like all of this be buried.
And that’s why taking down this video is senseless. It not solely will get a wider viewers speaking in regards to the contents of the video, which have been put again up on one other YouTube video, however it provides credibility to the claims made inside it. In any case, if this was all far-fetched speculative nonsense, Konami ought to have laughed the stories off, not used copyright to silence the video totally. Use of sport footage inside the video is sparse at most, making all of this seem to be a pure try at censorship utilizing mental property, which, duh.
Primarily based on Kotaku’s reporting, it needs to be famous, that is virtually definitely a guide takedown, versus a Content material ID seize.
There are two methods for a video to vanish from YouTube that doesn’t contain the creator deleting the video. One, there’s YouTube’s Content material ID system, which scans movies for copyrighted materials. Content material ID, nonetheless, sometimes kicks in as quickly because the video is uploaded, and wouldn’t usually deliver a video down from the service two weeks later. It’s potential however unlikely, as all my interactions with Content material ID have occurred very early within the course of.
Two, an organization purposely (and manually) points a takedown discover, understanding YouTube will err on the aspect of rights holders, no less than till the difficulty is resolved. Throughout that point, the video is offline. Firms have used this tactic up to now to suppress movies they didn’t look after.
If the latter is the case with this takedown, it’s fairly a misunderstanding of the response to censorship of this sort these days. Take pleasure in all of the press that hated video is getting, Konami. You created all of it, in any case…
Filed Below: copyright, criticism, dmca, dmca takedown, george weidman, hideo kojima, metallic gear strong, streisand impact, tremendous bunny, takedown
Firms: konami, youtube
from the biting-the-hand dept
Nintendo’s endless want to manage how YouTubers evaluate its video games or do “let’s performs” has been laughable from the beginning. From the trust-destroying settlement YouTubers needed to enter into in an effort to get entry to visible content material to the beauracratic nightmare people needed to wade by way of simply to get a video accredited for monetization, the entire thing began off on messy footing. And the largest situation in all of this: Nintendo nonetheless can’t appear to understand that these YouTubers are giving the corporate free promoting. Avid gamers love the sorts of movies these YouTubers produce. They use them to make buying selections, to change into curious about new video games, and to gasoline word-of-mouth promoting that no trumped up advert marketing campaign may ever probably hope to attain. Why make any of that extra difficult by creating an approval system for the movies? And, extra importantly, why take away the inducement for followers to advertise your video games by demanding a share of their YouTube income?
Effectively, this system that’s a mere few months outdated has already resulted within the first main YouTuber proclaiming that Nintendo video games will not be lined. Offended Joe (Joe Vargas) has one hell of an internet following within the gaming YouTuber group and, following a spat over his Mario Occasion 10 video, Nintendo is lifeless to him.
Joe “Offended Joe” Vargas, who instructions practically two million subscribers on YouTube, has determined to cease masking Nintendo video games, following a dispute over a Mario Occasion 10 video. Offended Joe’s Mario Occasion 10 video was flagged by YouTube, and whereas it’s potential for him to maintain the video on-line, he can’t earn a living off it. It’s simple to think about why he’s upset.
He tweeted in regards to the determination a couple of days in the past:
I hope @NintendoAmerica loved the free advert income & protection I generated for em. It will likely be my final Nintendo video. pic.twitter.com/07797eA7W4 — Joe Vargas (@AngryJoeShow) April 4, 2015
That form of says all of it, doesn’t it? Tens of millions of players who went to Offended Joe for assist in the place to spend their gaming greenback will not be directed by Joe to Nintendo video games by way of opinions and gameplay footage. For Offended Joe followers, Nintendo may as properly not exist. What’s notably insane about that is that the YouTuber Nintendo associates program described above wouldn’t even have utilized to this specific video, since some Nintendo video games, Mario Occasion 10 amongst them, don’t even qualify for protection beneath this system. Why Nintendo would search to piss off a well-liked YouTuber over a video for a sport that wouldn’t have been granted the okay beneath the associates program is past me.
Right here’s a case the place Nintendo has locked up 100% of the advert income on Offended Joe’s video, even though it’s not Nintendo’s copyright-covered content material viewers are coming to look at. That’s not solely unfair, it’s biting the very hand feeding Nintendo’s coffers and sending the corporate new prospects. That is the primary main YouTuber to leap off the Nintendo ship, however it virtually definitely gained’t be the final.
Filed Below: offended joe, contentid, dmca takedown, video video games, movies
Firms: nintendo, youtube
from the do-they-have-any-streisand-movies-available? dept
Oh that wacky MPAA. Earlier this week, TorrentFreak famous that the MPAA issued a massively overbroad DMCA takedown to Google, asking it to take away a whole subreddit from its search outcomes. The subreddit in query was r/FullLengthFilms, which actually wasn’t that in style.
It’s not tough to guess why the MPAA wished this group gone, although it’s a bit odd that the MPAA thinks that simply because it finds one hyperlink to a probably infringing film that it thinks a whole subreddit ought to disappear down the search engine reminiscence gap. If that’s the factors, a whole lot of the web would go lacking. Google didn’t take it out of its search outcomes, however the ensuing publicity from the bogus takedown try… out of the blue made r/FullLengthFilms a hell of much more in style.
One of many mods for the subreddit factors out that he’d lengthy thought-about it to be a lifeless subreddit, however now it was out of the blue booming once more. There are a bunch of recent subscribers, loads of new mods and a bunch of recent movies — and, sure, lots of them are completely authorized and approved. I ponder if there are any films that star Barbra Streisand linked from the subreddit…
Filed Below: dmca takedown, full size movies, streisand impact, subreddit
Firms: google, mpaa, reddit
from the minimizing-their-reach dept
In all of the unusual goings-on regarding media corporations aggressively taking down YouTube movies that stretch the attain of their content material, and certain create new followers, it’s in some way exhausting to see how few media retailers deal with the bigger questions. Sometimes we get information of the takedown, the topic content material of the takedown, and an acknowledgement that the content material wasn’t authorized to placed on YouTube within the first place. That’s it, web page, interval, paragraph. And that’s disappointing.
However maybe issues are beginning to flip a bit. As a number of the so-called new media retailers mature to change into established media retailers, it’s one thing of an indication after they start asking the identical questions we ask about these takedowns. Take Deadspin, for example, the sports activities wing of Gawker Media. Deadspin most likely nonetheless qualifies as new media, however that’s a designation that both is or will probably be starting to erode. Now consider their story of CBS taking down a bunch of YouTube clips of Viacom sports activities discuss mogul Mike Francesa. They begin issues off with the standard clarification of the occasions. They likewise go on to notice that this motion is properly inside the legislation.
CBS is inside their rights to go after anybody sharing their copyrighted materials. This was a chilly, businesslike carpet-bombing of Youtube by CBS’s authorized staff, not the end result of some particular vendetta towards the WFAN Audio man. Nothing private.
And, in lots of stories about one thing like this, that’s the place it might finish. Deadspin goes on, nonetheless, to do its greatest Techdirt impression.
However right here’s the factor—if there’s a black marketplace for Mike Francesa clips, it’s as a result of WFAN is doing a piss-poor job of selling him. As has been identified, the preferred Youtube clips draw extra views than Francesa’s FS1 simulcast attracts viewers. There’s actually no motive for a media firm to not make its greatest content material digestible, accessible, and shareable. The NHL and MLB have made superb strides on this entrance up to now few years, and consequently, if you wish to watch or embed a hockey or baseball spotlight, your first intuition now could be to go on to the supply. You wish to hear what Francesa needed to say? The audio clips on the official web site are unembeddable, overlong, and by no means spotlight the Mike-just-being-Mike miscellany individuals truly wish to hear.
On this, they’re spot on. What the YouTube clips did was fill a void of buyer demand perpetrated by the content material creators themselves, or no less than the mum or dad firm of the creators. No one with any sense, all else being equal, would suppose that one of the best place to get their Francesa clips could be YouTube. They’d get it from WFAN’s web site, the radio residence of Francesa. However all else is not equal. The WFAN web site isn’t serving the general public demand for his or her product, so any individual else did in a method that generated no revenue for anybody apart from WFAN, which benefited from any new listeners generated by the clips. It isn’t that what CBS did was unsuitable, it simply wasn’t good.
And, to me, the larger story is that a number of the bigger retailers are beginning to ask these questions. If that’s a watermark for a brand new tide rolling in, it’s a great one.
Filed Below: copyright, dmca takedown, mike francesca
Firms: viacom, youtube
from the beyond-bogus-into-potentially-damaging dept
Right here’s one other a kind of well-known “anomalies”: a DMCA takedown request that takes down tons of content material that doesn’t belong to the named rights holders. This DMCA request is sort of all anomaly.
IP Arrow claims to symbolize Zuffa Inc., higher often called the mum or dad firm of the UFC (Final Preventing Championship.) We all know algorithms are flawed however no matter software program IP Arrow is deploying appears to randomly gather hyperlinks and dump them in a DMCA discover. (Second principle: an IP Arrow worker’s private searches are in some way making their method onto the submitted kinds.)
The UFC is infamous for aggressively pursuing infringement of its PPV occasions. Apparently, there’s loads of pre-recorded stuff floating across the internet and the UFC needs that gone, too. Sadly for the UFC, it gave this job to IP Arrow. In return, IP Arrow has filed a DMCA request claiming (keep in mind, this request is a sworn assertion) that the UFC is the rights holder for (potential) youngster porn.
I’ll go forward and make the daring assertion that these photographs of bare youngsters should not Zuffa/UFC’s “work.” I can’t (or fairly gained’t) try and confirm whether or not these photographs are precise youngster porn. However that’s not likely the difficulty. The very fact is that IP Arrow is issuing takedown hyperlinks to information that seem to be youngster porn whereas making the declare that Zuffa/UFC maintain the copyright to those photographs.
This isn’t the one situation with the DMCA request, however it’s by far probably the most damaging one. The remainder of the discover accommodates some hyperlinks to UFC content material, however these hyperlinks are the minority. This isn’t a case of some inadvertent hyperlinks being swept up due to comparable key phrases or file names. This can be a nearly-random hyperlink dump that requests takedowns of all kinds of content material fully unrelated to the UFC.
http://www.vertor.com/obtain/Bigcutie+Kennedy
http://torrentcrazy.com/s/ps2-killzone-2
http://torrentcrazy.com/s/teen-truth-or-dare-xxx
http://rapidlibrary.com/information/nika-tsereteli-mamuka-berika-post-white-reggae-mp3_ulzwwzqrfvi89on.html
http://allsoftmac.com/films/129370-hammer-of-the-gods-2013-limited-720p-brrip-x264-ac3-crewsade.html
http://allsoftmac.com/tv-shows/128962-pbs-secrets-of-the-dead-the-man-who-saved-the-world-2012-hdtv-720p-aac-x264-mvgroup.html
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That’s only a sampling of what’s claimed to be UFC’s copyrighted content material by IP Arrow.
Based on Google’s transparency report, IP Arrow is new to the anti-piracy sport, having first confirmed up on August fifth. Since then, it has been very busy, firing off 61 takedown requests for 47,000 hyperlinks in simply over two weeks. Its different requests haven’t been significantly better by way of focusing on solely infringement of its purchasers’ work. (Different purchasers are Lynda.com and Lionsgate Movies.)
A takedown request on behalf of Zuffa/UFC despatched August fifth asks for the removing of (amongst a number of different issues) episodes of Large Bang Principle, a model of Nero Burning ROM and an album by the Good-looking Furs. Right here’s an unedited chunk of 1 request, which exhibits the vary of content material IP Arrow is trying to take down.
Sure. IP Arrow is even asking to have all the outcomes of a seek for the time period “.rar” taken down.
Its work for Lynda.com exhibits the identical quantity of incompetence. Lynda.com presents video programs on “enterprise, software program and inventive expertise” for $25/month. Right here’s what IP Arrow is taking down supposedly on Lynda’s behalf.
Sure. That’s proper. Based on IP Arrow, Lynda.com has produced quite a lot of pornographic movies, together with “icest rape porn.” Very like Zuffa/UFC above, I’m certain Lynda.com appreciates having its identify related to probably unlawful materials.
Making an attempt to find something about IP Arrow’s methodology is a lifeless finish. Its web site [which is down at the moment – cache link] is barely greater than a placeholder (with a fairly lengthy TOS), sporting daring icons towards a Seventies wooden panel backdrop. It makes a couple of broad statements about how “totally different” its service is however accommodates no precise info as to the way it performs this “totally different” work.
Judging from the standard of the DMCA notices it’s issued, IP Arrow both has no thought what it’s doing or simply doesn’t care. What’s worse is that its submitted hyperlinks have been taken down practically 100% of the time, even though its DMCA notices are loaded with content material its purchasers don’t personal. Its work for Lionsgate appears to be barely extra correct than its takedowns for Lynda and Zuffa, however even these have quite a few errors as properly. Right here it’s trying to take down infringing copies of one of many worst titled sequels ever, “The Haunting in Connecticut 2: Ghosts of Georgia.”
As soon as once more, a reputable firm can also be a distributor of adlescent porn in keeping with IP Arrow.
I’ve contacted the businesses IP Arrow is presently issuing takedowns for (together with IP Arrow itself — whose web site is now mysteriously down) and can replace if I obtain any replies. Whereas I recognize the truth that these corporations are looking for to guard their copyrighted materials, I believe they need to be involved that the agent representing them is now linking their names with very questionable porn. They need to even be involved that these sworn statements are additionally claiming they “personal” copyrighted content material belonging to others, however I might think about issues like “incest porn” and “15 yr outdated vaginas” showing on takedown requests of their names will probably be extra troubling to them than the serialized false statements IP Arrow is issuing.
Filed Below: automated, youngster porn, dmca, dmca takedown, ufc, final combating championship
Firms: ip arrow, lionsgate, lynda.com, zuffa
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