Watch This Before Filing A False DMCA

YT: I own the intellectual property and copyright to this video.

This video is copyright free.

This video is the resolution to the conflict between myself and Venomfangx.

Venomfangx filed some baseless DMCAs against me.

Venomfangx made some nasty statements about me.

Venomfangx read a sincere (or close enough) apology, and gave me the intellectual property rights to it.

Thats pretty much it.

The moral?

DON'T FILE DMCAs UNLESS YOU KNOW WHAT YOU ARE DOING.

THEY ARE NOT A CONSEQUENCE FREE WAY OF INHIBITING FREE SPEECH.

[/YouTube]---------

This is the culmination of a long, sad, and somewhat disturbing series of exchanges where things went way too far. This video is the result of it. This one happened in a young earth debate but it could have happened anywhere given the fact that so many believe the internet is anonymous and you can do whatever you want to do. You can't.

The fuller story, and it's long and as I said somewhat disturbing, can be followed at the following playlist. Personally I felt sorry for the guy by the end of it, he deserved the kick in the ass but I'm glad it didn't go as far as prosecution and he was offered a way out by way of apology instead.

http://www.youtube.com/view_play_list?p=4618299B334AB7B9&annotation_id=annotation_167492&feature=iv

I have no idea what channels this belongs in, so you all have fun if I missed some. I probably did.
drattussays...

>> ^ziggystardust:
Love the "pwned" tag.


I never would have thought of it myself, that was one of many tags applied to the original post. I generally check those for ideas first then add or trim as seems appropriate for where it's posted but that's not a word I'd ever use on my own I don't think. Seemed suitable here though so I left it

RadHazGsays...

For those who dont fell like taking 40min+ out of the day to see the playlist, heres a basic summary.

VFX had a 'friend' file DMCA's against several channels. Tf00ts were not among this first round.
His friend (togetherinpeace) did in fact file some of those DMCA's for VFX but did not on several of them, telling VFX that the ones he didn't file on most likely did not break copyright and it was dangerous to do so.
VFX gave togetherinpeace another list containing several of the same channels he had been warned about, and this time Tf00ts was among them. Togetherinpeace warned VFX yet again that most of those screen names were innocent, and that just because they used your image in a video doesn't mean they violated copyright.
VFX ignored all this, filed the DMCA's himself this time and the video's removed.
He then sent an email to Tf00t saying his 'friend' had done this.

Much back and forth came of all this, boiled down to - Tf00t counter-filed and got the video's replaced. He then explained that what VFX had done was in fact a breach of federal law, and an act of Perjury.
Tf00t had every right to pursue legal action in either criminal or civil action, and to report this to Youtube and have VFX's account removed and any new ones created by him to be deleted.
Tf00t instead offered VFX an alternative. VFX would delete his own account and remain gone for 1 year to reflect on his actions. He could then return and do whatever he pleased.
Instead of actually watching the video detailing all this, and considering his options... VFX accused Tf00t of attempting to blackmail him. (The video submitted by VFX with the accusation is... well creepy.)
More back and forth and in the end Tf00t finally got through VFX's thick skull about the incredible legal mess he had dug himself into. Tf00t then presented a 3rd option which he had found by precedent while researching prior cases of false DMCA filings. An apology read online.

Personally I think yes, VFX got off the hook BIG time with this so called "apology". It was in fact prepared by lawyers, which is fine. My problem is given his history, if even one word of what he "apologized" for is true, I'll eat my hat. It's not as if anything of any consequence will come of the apology, anyone on VFX's side will still follow him, and not much changes. But perhaps I'm just being cynical.
Hope the summary is reasonably accurate, after wading through all that I may have missed an important detail. Please feel free post and I'll correct it if someone see's something I missed.

edit - added VFX filing the 2nd round of DMCAs himself after being warned. Thanks drattus!

drattussays...

That's a real good summary, RadHazG. The only qualifier I'd add is that as far as I can tell on the second set togetherinpeace didn't file them, he warned PCS that it wasn't a copyright issue and PCS filed those himself in spite of the warning that he shouldn't and that togetherinpeace wouldn't. Venomfangx was told straight out to "be careful, if you file a false DMCA you can get your account suspended".

Additional info would be that during the week+ that PCS had to think about it PCS had either a nervous breakdown or something pretty close to it. Two vids before this one in the playlist has segments of it, "False DMCA Consequences". PCS did at least 5 full videos in that time which were later deleted by him. There's just fragments left such as the clips used in this playlist but it got really, really weird. Costumes, makeup, lots of shouting and play acting. It got really weird. I think that had as much as anything to do with him getting off easy. It would have been kicking someone who was already in real trouble, or at least would have gave the appearance of it.

I should have done that earlier in the thread, thanks for getting to it

Darkhandsays...

This is awesome.

I agree with most he probably "got of easy" with the apology. I don't know what I would do personally but I know this video is sweet sweet nectar

Going after someone in court will always cost you money, or time, or something. For all you know this kid could be a spoiled rich brat and his father will have $$$$$ lawyers backing him up, or he could grease the palms of some official and then you end up like the asshat.

This is the easiest way to guarantee 100% satisfaction. Legal action was probably 85% probability imo.

RadHazGsays...

well it was a point of fact that in addition to being able to take VFX to court, the law also provided that VFX would have to settle for the legal fee's as well. Tf00t was also getting some very good legal advise from a copyright lawyer as well as a couple other users who had run into this kind of thing before. So who knows?

Still Tf00t had a good argument for wanting VFX to stick around, he simply provides to much juicy material for Tf00t to make his case on. Mearly by acting the way he does proves many of Tf00ts points. I'm still in the got of easy crowd though.

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