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Copyright Holder Fighting Fraudulent DMCA Notices on YouTube

Copyright Holder Fighting Fraudulent DMCA Notices on YouTube

YouTube has built a reputation for quickly pulling copyrighted material from its servers. Many have argued for years that YouTube pulls content a little too quickly and some have expressed frustration over re-instating content that was wrongfully yanked. One copyright holder, namely the creator of the Nyancat, is finding out how hard it is to undo the damage of a copyright imposter.

BoingBoing is pointing to a story of the trouble one rightsholder is having with material he has created. A DMCA notice was filed against several video’s using the NyanCat, the famous poptart cat flying through space. The rightsholder was not happy about the video’s, not that they were posted, but the fact that someone is using the DMCA to remove them. Understandably, the rightsholder is upset and has posted the following picture to let everyone know that whoever is taking the video’s down via copyright, it was neither the real rights holder nor was it authorized:

The owner has received several messages from angry users complaining about the takedown of the video and comments, “people are flagging my videos on Youtube and giving me death threats just like upstanding Internet citizens usually do. Good job.”

The owner is currently in the process of trying to have the video’s re-instated, but complains that YouTube is making the owner jump through all these hoops just to reinstate the video’s.

Sometimes, I converse with people whether online or offline and I have received numerous funny looks over my belief that copyright has been a tool for censorship. For some, it just doesn’t happen or it’s an excuse to infringe on copyright. Here, we have a prime example of such a thing happening right now. I think that for other countries considering copyright laws more in line with the US, there are reasons why some demand there be stiff penalties for those who wish to abuse the law in order to take down material they neither own nor have any rights over.

What’s really sad is the idea that whoever is filing these fraudulent claims will no doubt keep doing so whenever and wherever they please. I don’t see there being as many lobbyists out there saying to politicians, “Hey, we got to make sure people don’t send fake DMCA notices!” as there are lobbyists saying, “Hey, we need to increase penalties for copyright infringement!”

In all, I think this sends a message that free speech does not belong in a society with copyright laws, that free speech is incompatible with copyright. If you really want to have true free speech, do not use an outlet that are shackled by the DMCA. Instead, use overseas services and your video will stand a better chance at surviving censorship whether maliciously or otherwise.

Have a tip? Want to contact the author? You can do so by sending a PM via the forums or via e-mail at [email protected].

Drew Wilson
Drew Wilson is perhaps one of the more well-known file-sharing and technology news writers around. A journalist in the field since 2005, his work has had semi-regular appearances on social news websites and even occasional appearances on major news outlets as well. Drew founded freezenet.ca and still contributes to ZeroPaid. Twitter | Google Plus
Doesn't matter
Doesn't matter

FYI, the plural of "video" is "videos" with no apostrophe.

disinter
disinter

I believe that youtube's policy says you must identify yourself as the copyright owner when requesting a takedown. Of course it's easy enough to just lie about that as well.

zx
zx

acualy us law does not reguire you to have copyright to file complaint your ar olny recuired to claim you have copyright to DMCA any video or file your to not like - read the laws and greate havok in internet

Mr. Briggs
Mr. Briggs

"The rightsholder was not happy about the video’s, not that they were posted, but the fact that someone is using the DMCA to remove them." I think you mean "the rightsholder was not unhappy". Otherwise, the sentence doesn't make sense, because then he'd be happy about the DMCA removing those videos. Unless what you really meant to say was "The rightsholder was not happy about the video’s, nor that they were posted, but he was also unhappy about the fact that someone is using the DMCA to remove them."

disinter
disinter

There is a fatass jerk on youtube that goes by the name of gorgeous george and he has a stupid little public access show and there used to be TONS of videos on youtube of him being prank called and it was some of the best stuff ever. It was even better than "Speak out with ken sander" because poor Ken was a nice guy but george is a HUGE asshole. So he's been pulling all the videos off of youtube even though NONE of them were copyrighted. He even files copyright claims against parodies of him that include NO footage of him! Youtube just deletes all.

'Penalty of Perjury'
'Penalty of Perjury'

... I swear under oath and Penalty of Perjury... Someone needs to start making that mean something. Good luck though. --iR



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