More DMCA's

Comment

Comment by j on February 13, 2014 at 12:35am

Argent has to lie 10 times as much when we are around...   Not leaving any time soon... 

Comment by Argent009 on February 12, 2014 at 10:11pm

Now we just need to get J and Z to shut the hell up and go away. :)

Comment by Bytes on February 12, 2014 at 9:37pm

Posted by PhantomVision on Monday - 

"Nothing more being said.  Hope you guys enjoy my gift for all of this non-sense."

Comment by Argent009 on February 12, 2014 at 9:02pm

It's a fucking HELL of a lot stronger a case than "You were on the server that day and someone griefed it that day so it must be you". At least when you griefed the server you were SEEN doing it, something Kenny;'s forgetting. But this is neither here nor there, we all know Kenny did it, it's what he does, he plays Minecraft and he filed DMCA's, they're his "things", they're what he does. If a DMCA has been filed and Kenny is within 500 miles of it, you can be sure he filed it.

Comment by Zen Archer on February 12, 2014 at 7:54pm

Shakes head... A quick lesson in DMCA and Copyright Law..

1st - basics of DMCA's. 

A DMCA is a part of the copyright act that provides a website "safe harbor" from prosecution for copyright violation by it's members.  It guarantees this as long as TWO requirements are followed.

(a) The Site "ACTIVELY" Strives to make sure "obvious" copyright violations ( by it's members ) are removed. and

(b) The site removes ANY Content reported as a copyright violation by a party claiming to be the content copyright holder.

THAT is ALL DMCA is.  It is not the mission or job of that site to validate that the person making the claim is the legit copyright owner.  That is an issue for the courts.  That is why false DMCAs work.  Because removing the content is a Requirement to enjoy safe harbor and avoid prosecution regardless of who makes the claim.

So.. the application of a legit DMCA is NOT a violation of TOS.

So... White-label host sites like Ning must remove the content and deal with a member who repeatedly posts such material... as required by U.S. Law.   If a lot of DMCAs are filed, for a particular hosted site, it becomes a huge nuisance for Ning because it draws the attention of authorities.  So.. If one hosted site has many DMCA's the smart thing to do is remove that hosted site.

A Smart Hosted Site will remove content that is a violation when a member makes a request for them to do so.  This avoids the need for a DMCA and so Ning doesn't get involved.  They will also add a clause to their TOS that states " Only content YOU created maybe posted in your video section".  Then they will enforce that TOS requirement.

Now people often get confused due to a Different Section of copyright law called "Fair Use" where someone can use copyrighted works under a specific set of circumstances.  They Mistakenly think they can use content under fair use and avoid a DMCA.  However, deciding if a use is "fair use" or a violation of copyright is also the job of the court and not the website.  So.. even content posted under fair use can legitimately be removed under DMCA law and left for the courts to decide.

~~~~~~~~~~ 

So now that we understand how this all works...

If a user contacts the admin of a website and requests removal of his content that someone else has posted, it is the job of that site ( owner/admin ) to honor that request.  Not doing so violates DMCA Safe Harbor and leaves the copyright holder no other option but to file a DMCA claim with Ning.

Hopefully this helps with future issues involving DMCA and Ning.

~Zen

Comment by Zen Archer on February 12, 2014 at 6:57pm

"Kenny said he was going to do it and then it happened, simple as that"

~ Or ~

You saw a statement by PV who you have a major problem with, so carried out a number of DMCAS and Pointed at Kenny.

Even is not you ( Although you had motive ) - anyone else could have.  So... that is NO PROOF only suspicion.

Comment by Bytes on February 12, 2014 at 6:19pm

@Argent - I agree. Phantom said he was going to do it and then it happened. What more proof does anyone need?

Comment by j on February 12, 2014 at 5:05pm

Bytes ~ My apologies then, I thought you were a moderator here...  I guess you used to be... Kenny shouldn't have been wasting your time after he found you could not help though...   

My point still stands ...

Argent and Rare posted Kenny's videos and it doesn't matter who DMCA'd the shit,  posting his content without his permission or against his wishes is a violation of TOS....  

If there are no Mod's here to take care of crap then you get what you get when someone can't be contacted... 

Comment by Argent009 on February 12, 2014 at 4:37pm

I love how these jackoffs are trying to make ti sound like I filed the DMCA's, makes no sense. Kenny said he was going to do it and then it happened, simple as that. You dipshits have these big fancy conspiracy theories about how and why I would do it, it's nuts. And we didn't land on the moon and lizard people killed Kennedy. Yeesh!

Comment by Bytes on February 12, 2014 at 4:31pm

@j - I wasn't a member of this site when this shit went down. I re-joined the site last night and the stuff was already removed. So....piss off, J. You don't even know what you are talking about.

Phantom came whining to me on Skype the morning he discovered "the offending content" and asked me to remove it. I told him, "First of all, Rare's video doesn't violate TOS. Just because you don't like it doesn't make it against TOS. AND I couldn't remove it anyway because I am not even a member of i-tube anymore." He said,"Oh, I didn't know." I am assuming that's when he went running to Trevor.

THE POINT IS: Phantom was so desperate to get the videos Rare and Argent posted removed, he was willing to get anyone to do it - even his worst enemy, Trevor.

• ‹ Previous
• 1
• 2
• 3
• 4
• Next ›
• Page