Showing posts with label DMCA takedowns. Show all posts
Showing posts with label DMCA takedowns. Show all posts

Wednesday, January 29, 2020

YouTube reversed my bogus copyright strike after I threatened to write this; Mashable, January 28, 2020

Matt Binder, Mashable; YouTube reversed my bogus copyright strike after I threatened to write this

"“Your case is the most extreme I’ve heard about. Congratulations,” Electronic Frontier Foundation Manager of Policy and Activism, Katharine Trendacosta, said to me in a phone conversation on the issue. “This is the first time I've heard about this happening to something that didn't contain anything. And I have heard a lot of really intense stories about what's happening on YouTube.”...

“Your case is a really extreme example of a fairly common situation in which these major companies send DMCA takedown on a very broad basis,” she explained. “YouTube is far more afraid of being sued by Warner Bros. than being sued by you, so you end up with them being much more cautious and doing things like just allowing DMCA strikes on anything.”

So, what can be done? Apparently, not much."

Sunday, March 20, 2016

9th Circuit revisits Dancing Baby copyright case: No fair use via algorithm; Ars Technica, 3/18/16

Joe Mullin, Ars Technica; 9th Circuit revisits Dancing Baby copyright case: No fair use via algorithm:
"In September, the US Court of Appeals for the 9th Circuit issued its ruling in the "Dancing Baby" copyright takedown case, initiated by the Electronic Frontier Foundation more than eight years ago. It was a victory for the EFF, but a very mixed one. Today, the court issued an amended opinion that makes the EFF's win stronger."

Wednesday, February 3, 2016

If China Ever Uses Copyright to Censor Tank Man, It Will Be America’s Fault; Motherboard, 2/1/16

Sarah Jeong, Motherboard; If China Ever Uses Copyright to Censor Tank Man, It Will Be America’s Fault:
"Imagine a future where news agencies, historical archives, academic resources, and humanitarian organizations across the world all receive the same US Digital Millennium Copyright Act (DMCA) notice, sent by a Chinese firm: Take down the Tank Man photo, or be sued for copyright infringement.
There is perhaps no better-known image associated with the 1989 Tiananmen Square massacre: an unknown man in a white shirt and black trousers, grasping a bag in one hand, stands in front of a line of tanks, halting their progress.
Tank Man is a subversive image for the Chinese government, and for internet users in that the country, the photo—like many other references to the 1989 protests—has been censored by the authorities. It would be insanity if copyright were used to expand that censorship beyond China’s borders, but thanks to the United States copyright lobby, this absurd hypothetical is a little more realistic than you’d expect.
There’s more than one photograph of Tank Man, but for such a long, momentous stand-off, the photographs are surprisingly few. At least one of these photographs now belongs to Visual China Group, which purchased it from none other than Bill Gates himself, included inside of a massive bundle of copyrights to “historic news, documentary, and artistic images” that includes images of the Tiananmen Square protests.
Visual China Group has announced a partnership with Getty to license the images, so censorship doesn’t look like it’s in the cards."

Tuesday, July 21, 2015

In Ashley Madison hack, copyright "solution" is worse than no solution; Fortune, 7/21/15

Jeff John Roberts, Fortune; In Ashley Madison hack, copyright "solution" is worse than no solution:
"While the copyright takedown might sound like a solution, it’s a weak and short-lived one. For one thing, there’s nothing to stop the hackers simply uploading the files again, forcing Ashley Madison to send out DCMA notices over and over. And this assumes that the company even has a valid copyright it can enforce in the first place – an unlikely event since, in the case of members’ profiles, the copyright probably belongs to the users not Ashley Madison.
Ashley Madison’s DMCA announcement is little more than a bluff, and it’s one we’ve seen before. Recall, how in the wake of the Sony hacks, the movie studio hired super-lawyer David Boies to send around trumped-up intellectual property threats in a failed attempt to keep media from reporting on the leaks. Or how Jennifer Lawrence, and other celebrities who had their Apple iCloud accounts hacked, tried to use copyright law to stop people distributing nude photos.
In all of these cases, the copyright claims in question were weak or non-existent, but the hacking targets invoked them anyways. Why? The best answer is that lawyers had to respond to frantic entreaties from their clients to do something, and copyright was the nearest legal cudgel. It’s easy to use, everyone’s heard of it, and it can come with nasty penalties."

Ashley Madison, a Dating Website, Says Hackers May Have Data on Millions; New York Times, 7/20/15

Dino Grandoni, New York Times; Ashley Madison, a Dating Website, Says Hackers May Have Data on Millions:
"Under American copyright law, Ashley Madison has the power to scrub away private user information leaked in the breach and posted to other websites. On Monday, the company said that it had been doing just that to protect the identities of those who have used Ashley Madison.
But that may be a race that it cannot win. Paul Ferguson, senior adviser for Trend Micro, a security software provider, said that information on Ashley Madison, deleted in one online forum, is beginning to bubble up in others.
“Once something is published on the Internet,” he said, “it’s there forever.”"