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Kenny Everett being challenged by Sinead O'Connor

3-piece teen girl cover of Enter Sandman

President Barack Obama Takes Over for Stephen Colbert

Leopard’s Flying Ambush on Antelope from Tree

lucky760 says...

That's another YouTube video. You should definitely issue a DMCA takedown request there so YouTube will remove the video.

For this post, I'll replace the current embed with yours.

Shazal said:

Disappointed to see that someone has used my copyright material. Please remove the above immediately.
Refer below original You tube clip this was taken from.

https://www.youtube.com/watch?v=RBasnLt5d50

Mark Ronson: How sampling transformed music

ChaosEngine says...

That position doesn't make any sense. Context matters and there are always exceptions to every rule. It seems to be a common ideal of the right that complex systems can have simple solutions. Sometimes they can, but mostly they don't.

Rationalism may allow me to "take a consistent position based on unchanging principles", but it doesn't mean I have to blindly apply those principles regardless of the circumstances.

For a really simple example, let's take homicide. Killing, I'm sure we're agreed is wrong. So everyone who takes a human life should be sanctioned, yes?
Except in self-defence.
Except in a war.
What about other mitigating factors too. Accidental death. Killing by someone mentally incapable of knowing what they're doing.
We could debate the merits of each individual case all day long, but the end point is that yes, at some point we make a judgement, and ultimately that leads to a law.

So it goes for IP law. Yes, current IP in the US is not only broken, but badly broken and broken in many different ways from patent trolling to DMCA lunacy.

That doesn't mean we just throw out the whole damn thing.

We don't have to make an empirical claim about all law. We make judgements based on what a "reasonable person" considers fair. Yeah, that shifts back and forth and sometimes (like now) it's hideously broken, but that's why we have the ability to change laws.

It's not like that everywhere. NZ, for example, has some quite reasonable provisions in it's IP law (or had, they may have changed recently). I can't sell copies of a song I bought, but I can format shift it, time shift it, etc. That seems reasonable to me (and I suspect, to most people).


I must confess I had to look up "hermeneutics" (good word).

Trancecoach said:

More than reading this article, I point you towards the commentary on this article which reads:

"This is good, but the problem with reformers who do not want to totally abolish patent and copyright is that their arguments basically amount to "the law has gone too far" (people like Khanna, Tom Bell, Alex Tabarrok, Jerry Brito, Cory Doctorow, Public Knowledge, the EFF, Lawrence Lessig, and so on). That requires an empirical claim as dubious as those of advocates of the current IP regime. The only principled case for IP reform is one that also makes the case for IP abolition."

This, although not specifically stated, this comment demonstrates a preference for rigor when it comes to justifications for any position on any issue. Rationalism allows you take a consistent position based on unchanging principles. Hermeneutics as well as other modes that deal with all issues as a matter of "preference" or bias can seem rather arbitrary and harder to defend through rational argumentation.

Mark Ronson: How sampling transformed music

Jinx says...

As I understand it, the function copyright serves in a society is to protect and encourage creativity. It's hard to think that it's serving it's purpose when teens who create their own music video for a popular song get it DMCA'd.

Software piracy is theft, but what if, as an amateur programmer, I was to re-purpose some of your code? Do we protect the work you did so that creators are properly reimbursed for their efforts, or do we allow a large degree of "remixing" that would allow me to build on your work without restriction, and then for others to build on mine? How do we balance the approach, and who decides how to balance it?

ChaosEngine said:

So if an individual or a company spends hundreds of hours or millions of dollars creating something that only exists in the digital realm, everyone has the right to copy it or even resell it? Is that seriously your position?

Copyright is not only not out of date, it is more relevant than ever.

The problem is that corporations are abusing it. Copyright was meant to give a creator a reasonable period of time to earn a living from their work and then it went back to the public domain. This has now been perverted by the likes of Disney to mean "we own this shit forever" (the irony being they made their fortune from public domain stories).

But copyright as a concept is still totally valid. I write software for a living. Some stuff, I give away. But that's my decision. I'm sure as hell not giving up my livelihood because you read some Stallman.

Top Gear Obeys the Speed Limit in the US

AIDS deniers DMCA critical video responses

ChaosEngine (Member Profile)

Breaking Bad Alternate Ending

Game Dev Calls Copyright Claim on Negative Reviews of Game

RFlagg says...

Some people can't take criticism. Especially bad when you got proof they gave permission before you made the video, and aren't doing things equally.

Some of the channels I watch are critical of Young Earth Creationists, proving how the YEC people are providing false witness by lying about the actual facts in an effort to confuse their audience into believing the Earth is only 6,000 year old, and they get take down notices all the time. In those cases it is fair use at play since the channels they are being shown on aren't getting revenue, and are educational. In TB's case, he had permission from the company, signed by the very guy who later complained.

As TB notes, this isn't really about him and his video though, but others who do the same thing who don't have a powerful network behind them to recover or fight, and has more to do with YouTube's default action, without giving proper recourse for the content maker to address it fairly, and of course the DMCA itself which is probably the core of the problem. Hopefully, if any of the videos he pointed out as still being up are taken down after he pointed them out, his Network will help those people.

The subject of Let's Play videos and their legality is a difficult one. TB's WTF videos are basically Let's Play with an initial impression. Even without a blanket and specific permission granted, they should be legal, as it is critique, not just a pure Let's Play without commentary of the entire game. I can see the argument against showing a large portion or entire game and monetizing it without permission, but a shorter Let's Play or critique should be fair, especially critique.

It should be noted that the Developers have since pulled their complaint to YouTube after the negative publicity. Gee... take down notice to one of the biggest YouTube game reviewers out there, somebody who's professional name and reputation is "cynical" and you don't think there would be fallout?

New Amazing Dashcam Footage of 3.11 Tsunami

Gasland (full film)

Tom Cruise Delivers Ridiculous One-Liners on Jimmy Kimmel

Mobius says...

(*&^(*)^% the RIAA.. or is it the MPAA ?? or the DMCA ?

I am watching this movie tonight. Decent Cam version is available, the only way I will not watch a cam version is if it is too dark, or if it has audio not synced up.

Fire In Babylon



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