Upvote for a shining example of why the DMCA is/was fucking retarded.

Despite the "penalties" for an inappropriate use of takedown notice, I don't think there has been a single case ever where this has been applied. There have been counter-claims used before to get the material posted back, but it seems to be a rare occurrence.

The problem lies within say YouTube taking the video down, and being required by the DMCA to keep it down for a peroid of time (a week?) for a DMCA counter-claim to be processed if necessary. Unless you kick and scream about it like this guy is doing, everyone forgets about it and moves on because of the cool off period. If it ever got past step 1, the amount of money involved to take someone to court over a misfiled claim would bankrupt most people. By then the culprit will just go "LOL, sorry" but the damage will already have been done.

In short, its an extremely easy way for corporations to censor because of this setup. You have almost zero options as the little guy (it was designed this way on purpose!) since YouTube (or any other hosting company) has to follow the DMCA no matter how bad the law is.

Whats even worse is when places outside the US comply to the DMCA blindly despite having no legal obligation to do so whatsoever. Disgusting.

*discard ed

DMCA'd by the company that filmed the original clip for a documentary.

Money, no. ePenis, YES!

In reply to this comment by Payback:
Thanks for that, but meh... obviously I didn't describe it well. This is just the Internets. No money involved.

In reply to this comment by cybrbeast:
>> ^Payback:
I sifted this a while back. My link has been killed by the DMCA Gestapo though...
http://www.videosift.com/video/Fifth-Gear-Dunlop-Toyota-Loop


Fix your video and I can call a dupeof

Meh, thanks, but obviously I didn't describe it as well as deano. Doesn't bug me.

>> ^cybrbeast:
>> ^Payback:
I sifted this a while back. My link has been killed by the DMCA Gestapo though...
http://www.videosift.com/video/Fifth-Gear-Dunlop-Toyota-Loop

Fix your video and I can call a dupeof

Thanks for that, but meh... obviously I didn't describe it well. This is just the Internets. No money involved.

In reply to this comment by cybrbeast:
>> ^Payback:
I sifted this a while back. My link has been killed by the DMCA Gestapo though...
http://www.videosift.com/video/Fifth-Gear-Dunlop-Toyota-Loop


Fix your video and I can call a dupeof

>> ^Payback:
I sifted this a while back. My link has been killed by the DMCA Gestapo though...
http://www.videosift.com/video/Fifth-Gear-Dunlop-Toyota-Loop


Fix your video and I can call a dupeof

I sifted this a while back. My link has been killed by the DMCA Gestapo though...

http://www.videosift.com/video/Fifth-Gear-Dunlop-Toyota-Loop

I don't think downvoting is an appropriate response, though I feel your pain. Sometimes the only choice for some videos includes commercials. For example, I have a lot of music videos embedded from Yahoo, originally uploaded by Yahoo Music. This means that sometimes there will be pre-roll commercials with them. So why did I choose them? Mostly they weren't my first choices, but the originals from YouTube, MySpace, etc. were yanked because of DMCA bullshit. So then I used Yahoo embeds, because I know they probably won't go dead because the music labels are collecting royalties from the ad revenue generated by Yahoo.

It's a bit of a Faustian bargain when you post videos with ads in them. We all hate the ads, but then we all hate it when our videos go dead because of DMCA claims. So if you really hate them then just don't watch those videos, but please don't downvote them just because of that. Also, it makes baby Jesus cry.

To correct Maddow, her phrasing that "ISPs usually cave" to DMCA notices is not really accurate. The ISPs are legally required to takedown. You can immediately contest it and the ISP is supposed to put the offending material back up.

"DMCA" should really be in the tags since that's what's important about this story. Maybe take out the extra "xeni" if you need room.

It's in Wikipedia now:

In September 2009, the Photoshop Disasters blog posted an advertisement from Polo Ralph Lauren that contained a heavily manipulated image of a female model. The post was subsequently reprinted by BoingBoing[21]. Ralph Lauren issued DMCA takedown notices to BoingBoing's ISP and Blogspot, which hosts Photoshop Disasters, claiming their use of the image infringed copyright. Blogspot complied, but BoingBoing's ISP consulted with BoingBoing and agreed that the image was fair use. As a result, BoingBoing issued a mocking rebuttal[22], using the same image again and posting the takedown notice. The rebuttal was widely reported, including on frequently viewed websites such as The Huffington Post[23] and ABC News.[24]

*dead via Viacom DMCA censorship.

>> ^cracanata:
why is this still a topic?


Because prior to the Holocaust, the democratically elected Government of Germany took steps to wither away personal freedoms of its citizens. The Burning of the Reichstag (the place of assembly of German Parliament, which ran the country) allowed for that government to make the (many) small steps from democracy to tyranny and the surrender of citizens rights (curfews, etc.) -including the alienation of the Jewish religion and people, and the founding of concentration camps- all under the guise of "protection" of the nation and its citizens. This prelude set the stage for The Second World War to be possible; which included several years' occupation of countries including Poland, Belgium, and France.

Though certainly a different situation, the destruction of the World Trade Centre in New York (a place of assembly of American corporations, which have significant clout in running the Country's finances) allowed for the (many) small steps that withered personal freedoms (The Patriot Act, DMCA enforcement, etc.) -including the alienation of the Muslim religion and people, and the founding of national torture camps (Guantanamo)- all under the guise of "protection" of the nation and its citizens. This prelude set the stage for The Second Gulf War to be possible; which included several years' occupation of Afghanistan and Iraq.


"Those who cannot remember the past are condemned to repeat it."

*nsfw - I like the way Lacey Luskin is listed as 'Assclown' with the DMCA notice! (it's in the tags hehe)

Oh and the NFSW is for F-Bomb Kitty at the end there.

It wasn't ban worthy at all. Youtube's handling of DMCA and "inappropriateness" has just been terrible lately. For shame.