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I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim

 
Dr. AstroModerator
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09/17/2014 09:58 AM

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I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Due to a false copyright complaint against me from a YouTube hoaxer channel known as "Secureteam10," my account is now in "bad standing" with youtube and as a result my ability to do live webcasts is now disabled. The copyright complaint came as a result of a video debunking a hoax "moon UFO" video which is fair use, since it clearly falls under "commentary and criticism." Heavy on the criticism. But criticism is explicitly fair use under copyright law. Here is a mirrored copy of the debunking video:

Among other features that are now disabled for my channel, I am unable to do live streaming and hangout events from my telescope for the next 6 months or until the matter is resolved. At the very least this will take two weeks; I have filed a counter DMCA notice through a legal agent and my accuser has two weeks to respond. The person behind this false takedown request only receives the address and phone number of the law office - so don't bother trying to file additional false requests against my videos as you will not be able to obtain my personal information in this manner. In the meantime however I will be unable to webcast anything from my scope. I was planning on doing a webcast later this week when dry air moves in behind this front that's over me right now, but now that is not going to happen. If anything exciting happens in the skies in the next two weeks I will sadly be unable to provide a live webcast of it :(.

He retracted the copyright claim against me after I filed my counter-claim, now he's trying a different strategy to get it removed. In case the mirrored copy goes down, here's a new copy on my restored channel:


Last Edited by Astromut on 09/19/2014 10:30 PM
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Shoot-Straight Johnny

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09/17/2014 10:08 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
hiding
The chariots of God are tens of thousands, and thousands of thousands.
Anonymous Coward
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09/17/2014 10:12 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Waaaaa
Tinfoil Couture

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09/17/2014 10:18 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
That sucks, Astro. Sorry you're having to replace productive activities with fighting off morans.
"Don't tell me truth hurts, little girl, 'cause it hurts like hell. --David Bowie
John Footpenis

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09/17/2014 10:20 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Damn man that sucks......what a asshole. If it's anything like it is here, has been cloudy forever it seems like. They say dry air, we'll see.....lol
John Footpenis
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09/17/2014 10:21 AM

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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
That sucks, Astro. Sorry you're having to replace productive activities with fighting off morans.
 Quoting: Tinfoil Couture


The webcasts were quite productive and had little to do with "fighting off morans." In fact I had plans that were being put into motion that would enable the webcasts to really do some real world good that are now having to be put on hold until this matter is resolved.
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Tinfoil Couture

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09/17/2014 10:22 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
That sucks, Astro. Sorry you're having to replace productive activities with fighting off morans.
 Quoting: Tinfoil Couture


The webcasts were quite productive and had little to do with "fighting off morans." In fact I had plans that were being put into motion that would enable the webcasts to really do some real world good that are now having to be put on hold until this matter is resolved.
 Quoting: Dr. Astro


I think I worded that poorly. I meant that I enjoy your webcasts and I'm genuinely sorry that you have to stop making them. The morans I was referring to are the ones trying to stop you from pointing out their stupidity.

Last Edited by Tinfoil Couture on 09/17/2014 10:25 AM
"Don't tell me truth hurts, little girl, 'cause it hurts like hell. --David Bowie
Face Palmer

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09/17/2014 10:24 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Ufotards strike again :(
"The world will soon wake up to the reality that everyone is broke and can collect nothing from the bankrupt, who are owed unlimited amounts by the insolvent, who are attempting to make late payments on a bank holiday in the wrong country, with an unacceptable currency, against defaulted collateral, of which nobody is sure who holds title."

Never attribute to malice that which is adequately explained by stupidity.

The woman who is not pursued sets up the doctrine that pursuit is offensive to her sex, and wants to make it a felony. No genuinely attractive woman has any such desire. - H.L. Mencken, In Defense Of Women
Anonymous Coward
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09/17/2014 10:24 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
God forbid you dump ScrewTube for a Non-Fascist video service...

Don't let these fuckers decide whether or not you can do yo thang.
HumbleDog

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09/17/2014 10:26 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
That sucks, hang in there, fight the good fight and good luck!
Engonoceras

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09/17/2014 10:26 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Until recently I had no idea you could actually make decent money from Youtube videos views.

I think this explains about 98% of the pointless bullcrap on Youtube and 99% of the fake videos.

I lived on 20K last year, actually less because of home remodeling.

Looks like I could just stay at home and produce hoax videos and make a lot more money.

Last Edited by TexasPaleo on 09/17/2014 10:30 AM
Dr. AstroModerator  (OP)
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09/17/2014 10:27 AM

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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
That sucks, Astro. Sorry you're having to replace productive activities with fighting off morans.
 Quoting: Tinfoil Couture


The webcasts were quite productive and had little to do with "fighting off morans." In fact I had plans that were being put into motion that would enable the webcasts to really do some real world good that are now having to be put on hold until this matter is resolved.
 Quoting: Dr. Astro


I think I worded that poorly. I meant that I enjoy your webcasts and I'm genuinely sorry that you have to stop making them. The morans I was referring to are the ones trying to stop you from pointing out their stupidity.
 Quoting: Tinfoil Couture


Ah, I misunderstood. Thanks. It's unfortunate, but if he really wants to go to court over this I'll counter-sue him for the damage he's done to my ability to provide webcasts.
astrobanner2
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09/17/2014 10:28 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
U-stream?

No money in that, though.
Anonymous Coward
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09/17/2014 10:28 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Until recently I had no idea you could actually make decent money making videos.

I think this explains about 99% of the hoax bullcrap on Youtube.

I lived on 20K last year, actually less because of home remodeling.

Looks like I could just stay at home and produce hoax videos and make a lot more money.
 Quoting: Engonoceras


Yup or just make stupid fail compilation videos, they usually get a few million hits.
Anonymous Coward
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09/17/2014 10:30 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Why is this crap pinned?
Anonymous Coward
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09/17/2014 10:32 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Youtube's payment formula since bought by Google is that of subscribers, page views, length of view - if it was watched in HD - lot's of factors. It's interesting.

Yet, man, you're right - I could be making money making videos.

Instead of just lalalalaing around YouTube and stuff - I mean, I've uploaded 4 videos? Just to post and what not - and I made them public with stupid names like "The Naked Bachelor Chef!" and it was a 30 second video of me and my ex trying to cook, it has like 14,000 views and I was like "wtf?" Because I uploaded another one when it was hailing outside, and said FLORIDA HAIL 9/04/14 and that has 400 views or so -

Just crazy, people will watch anything -

Yet it basically boils down to - a penny per view.
Hawkesbay

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09/17/2014 10:32 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Sorry, Doc! That is infuriating. I hope it's completely resolved in the two weeks. Anything we can do?
Tinfoil Couture

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09/17/2014 10:34 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
That sucks, Astro. Sorry you're having to replace productive activities with fighting off morans.
 Quoting: Tinfoil Couture


The webcasts were quite productive and had little to do with "fighting off morans." In fact I had plans that were being put into motion that would enable the webcasts to really do some real world good that are now having to be put on hold until this matter is resolved.
 Quoting: Dr. Astro


I think I worded that poorly. I meant that I enjoy your webcasts and I'm genuinely sorry that you have to stop making them. The morans I was referring to are the ones trying to stop you from pointing out their stupidity.
 Quoting: Tinfoil Couture


Ah, I misunderstood. Thanks. It's unfortunate, but if he really wants to go to court over this I'll counter-sue him for the damage he's done to my ability to provide webcasts.
 Quoting: Dr. Astro


No worries.

hf

I doubt very seriously that he'll try to take you to court. This was probably an act of petulance to piss you off.
"Don't tell me truth hurts, little girl, 'cause it hurts like hell. --David Bowie
Anonymous Coward
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09/17/2014 10:36 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Cool read: [link to www.businessweek.com]

Lead me to this...

It's Getting Harder to Make Money on YouTube
Anonymous Coward
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09/17/2014 10:39 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Why did you attack someones video?

Everyone is entitled to an opinion regardless how absurd?

You should have offered an alternative explanation of the Video in scientific terms?

Or perhaps exposed the misinformation in the persons comments section?

This is from the "Planetary Society" it was taken down sometime ago.

The title of the image was "Doomsday"?

WTF what is it, and why was it taken down...?

DOOMSDAY...

[link to a1-images.myspacecdn.com (secure)]

[link to a3-images.myspacecdn.com (secure)]

Faint Outline in Red, of rectangular object with tail fins
[link to a3-images.myspacecdn.com (secure)]

[link to a4-images.myspacecdn.com (secure)]

[link to a1-images.myspacecdn.com (secure)]

[link to a3-images.myspacecdn.com (secure)]

[link to a1-images.myspacecdn.com (secure)]

[link to a3-images.myspacecdn.com (secure)]
Dr. AstroModerator  (OP)
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Sorry, Doc! That is infuriating. I hope it's completely resolved in the two weeks. Anything we can do?
 Quoting: Hawkesbay


Unfortunately not. The process is extremely structured. He sent a takedown request, youtube complied almost automatically (they do not care if it's fair use or not, they always err on the side of complying with the takedown request and let the courts sort it out so that they cannot be held liable), I have filed a counter-notice via a legal representative (a lawyer isn't actually required for this part, you can counter by yourself but it requires divulging your real life address and phone number to the accuser under penalty of law if you forge it). Now he has 14 days to file a lawsuit and respond to the counter notice. If he does so he can keep the video down and keep me from being able to do webcasts, but if he fails to respond in the time allotted the video will be automatically restored and the strike against my channel rescinded.

As a side note, it's a good thing he's not a huge corporation like Universal who has a standing contract with YouTube to do an end-run around DMCA laws. Universal can file takedown requests against any video they choose. Counter-notices are automatically ignored if Universal "reaffirms" the content is theirs. They do not need to actually prove to YouTube they are taking you to court. They have a contract with youtube that allows them to take down fair use videos (such as commentary and criticism) if they so wish and as long as they confirm that they want it to stay down, it stays down.
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09/17/2014 10:43 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
hiding
 Quoting: Shoot-Straight Johnny


hiding
Tinfoil Couture

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09/17/2014 10:44 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Sorry, Doc! That is infuriating. I hope it's completely resolved in the two weeks. Anything we can do?
 Quoting: Hawkesbay


Unfortunately not. The process is extremely structured. He sent a takedown request, youtube complied almost automatically (they do not care if it's fair use or not, they always err on the side of complying with the takedown request and let the courts sort it out so that they cannot be held liable), I have filed a counter-notice via a legal representative (a lawyer isn't actually required for this part, you can counter by yourself but it requires divulging your real life address and phone number to the accuser under penalty of law if you forge it). Now he has 14 days to file a lawsuit and respond to the counter notice. If he does so he can keep the video down and keep me from being able to do webcasts, but if he fails to respond in the time allotted the video will be automatically restored and the strike against my channel rescinded.

As a side note, it's a good thing he's not a huge corporation like Universal who has a standing contract with YouTube to do an end-run around DMCA laws. Universal can file takedown requests against any video they choose. Counter-notices are automatically ignored if Universal "reaffirms" the content is theirs. They do not need to actually prove to YouTube they are taking you to court. They have a contract with youtube that allows them to take down fair use videos (such as commentary and criticism) if they so wish and as long as they confirm that they want it to stay down, it stays down.
 Quoting: Dr. Astro


That's fucked up. It probably wouldn't be worth their time, but if Universal wanted to claim that little Johnny's birthday party contained their content they could make it disappear without having to prove a thing?
"Don't tell me truth hurts, little girl, 'cause it hurts like hell. --David Bowie
Dr. AstroModerator  (OP)
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09/17/2014 10:44 AM

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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Why did you attack someones video?
 Quoting: Anonymous Coward 19322900

Because it's a hoax.
Everyone is entitled to an opinion regardless how absurd?
 Quoting: AC

Everyone is entitled to free speech. Commentary and criticism is fair use under copyright law, no matter how absurd you think it is. For the same reason I cannot, have not, and will not file takedown requests against any of Thor's video using my content and commenting on it, no matter how absurd I find it.
You should have offered an alternative explanation of the Video in scientific terms?
 Quoting: AC

I did. The video is a hoax, the UFO was superimposed with a computer on top of the recorded video of the moon. That is why the frame rate of the UFO is faster than the frame rate of the video of the moon underneath the UFO. Try actually watching the debunking video, it's still being mirrored on other youtube channels by friends of mine such as the one in the OP.
Or perhaps exposed the misinformation in the persons comments section?
 Quoting: AC

The person has already blocked me from commenting on their video. I can only respond to people directly in the comments section via google+.
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09/17/2014 10:49 AM

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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Sorry, Doc! That is infuriating. I hope it's completely resolved in the two weeks. Anything we can do?
 Quoting: Hawkesbay


Unfortunately not. The process is extremely structured. He sent a takedown request, youtube complied almost automatically (they do not care if it's fair use or not, they always err on the side of complying with the takedown request and let the courts sort it out so that they cannot be held liable), I have filed a counter-notice via a legal representative (a lawyer isn't actually required for this part, you can counter by yourself but it requires divulging your real life address and phone number to the accuser under penalty of law if you forge it). Now he has 14 days to file a lawsuit and respond to the counter notice. If he does so he can keep the video down and keep me from being able to do webcasts, but if he fails to respond in the time allotted the video will be automatically restored and the strike against my channel rescinded.

As a side note, it's a good thing he's not a huge corporation like Universal who has a standing contract with YouTube to do an end-run around DMCA laws. Universal can file takedown requests against any video they choose. Counter-notices are automatically ignored if Universal "reaffirms" the content is theirs. They do not need to actually prove to YouTube they are taking you to court. They have a contract with youtube that allows them to take down fair use videos (such as commentary and criticism) if they so wish and as long as they confirm that they want it to stay down, it stays down.
 Quoting: Dr. Astro


That's fucked up. It probably wouldn't be worth their time, but if Universal wanted to claim that little Johnny's birthday party contained their content they could make it disappear without having to prove a thing?
 Quoting: Tinfoil Couture


In short, yes. Now of course they generally don't care about videos of little Johnny's birthday party, but if the video contains music or video that they own, even in the background, and they want it down? They can get it down and you have essentially no recourse. The only saving grace is that it is slightly distinct from this situation in that youtube can decide, if they want, "in all of their mercy" to not inflict you with a copyright strike (1 strike and bad stuff happens to your youtube features like me, 3 strikes and your channel is removed altogether). But generally only after you bitch at them. And your video is still down anyway.

"I have recently discovered evidence that YouTube has contracts with certain copyright holders (including Universal Music Group – UMG) to refuse to honor DMCA counter-notices sent in response to their copyright takedowns—essentially giving them the power to take down any video they wish, even if it does not infringe their copyright in any way.
...
In such cases about the only thing the user can do is attempt to contact the copyright claimant using the information provided by YouTube, and attempt to convince them to retract their copyright claim (probably a futile endeavor). In John’s case, he emailed the provided youtube at umusic dot com address to inquire about this situation, and interestingly enough, even though the email is on a UMG-owned domain, he received a response not from UMG but from YouTube, stating:

For the reasons explained before, we regretfully cannot honor this counter-notification. However, your account will not be penalized and your strike has been resolved.

YouTube was kind enough to remove the copyright strike on his account, though only after he contacted them, not after they initially refused to restore his video."
[link to fairusetube.org]

Last Edited by Astromut on 09/17/2014 10:50 AM
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Anonymous Coward
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09/17/2014 10:49 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Use a different name, new e-mail, new account, proxy server?

Aren't there always ways to get around?
Dr. AstroModerator  (OP)
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09/17/2014 10:58 AM

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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Use a different name, new e-mail, new account, proxy server?

Aren't there always ways to get around?
 Quoting: Anonymous Coward 62941820


Not only is it the principle of the thing, but it also wouldn't help; certain features of youtube that are now disabled for me (including webcasting) are only enabled after you've been on there long enough to meet the criteria for "good standing." Or you verify your real identity, which of course would just land me back into hot water.
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Tinfoil Couture

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09/17/2014 11:01 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Sorry, Doc! That is infuriating. I hope it's completely resolved in the two weeks. Anything we can do?
 Quoting: Hawkesbay


Unfortunately not. The process is extremely structured. He sent a takedown request, youtube complied almost automatically (they do not care if it's fair use or not, they always err on the side of complying with the takedown request and let the courts sort it out so that they cannot be held liable), I have filed a counter-notice via a legal representative (a lawyer isn't actually required for this part, you can counter by yourself but it requires divulging your real life address and phone number to the accuser under penalty of law if you forge it). Now he has 14 days to file a lawsuit and respond to the counter notice. If he does so he can keep the video down and keep me from being able to do webcasts, but if he fails to respond in the time allotted the video will be automatically restored and the strike against my channel rescinded.

As a side note, it's a good thing he's not a huge corporation like Universal who has a standing contract with YouTube to do an end-run around DMCA laws. Universal can file takedown requests against any video they choose. Counter-notices are automatically ignored if Universal "reaffirms" the content is theirs. They do not need to actually prove to YouTube they are taking you to court. They have a contract with youtube that allows them to take down fair use videos (such as commentary and criticism) if they so wish and as long as they confirm that they want it to stay down, it stays down.
 Quoting: Dr. Astro


That's fucked up. It probably wouldn't be worth their time, but if Universal wanted to claim that little Johnny's birthday party contained their content they could make it disappear without having to prove a thing?
 Quoting: Tinfoil Couture


In short, yes. Now of course they generally don't care about videos of little Johnny's birthday party, but if the video contains music or video that they own, even in the background, and they want it down? They can get it down and you have essentially no recourse. The only saving grace is that it is slightly distinct from this situation in that youtube can decide, if they want, "in all of their mercy" to not inflict you with a copyright strike (1 strike and bad stuff happens to your youtube features like me, 3 strikes and your channel is removed altogether). But generally only after you bitch at them. And your video is still down anyway.

"I have recently discovered evidence that YouTube has contracts with certain copyright holders (including Universal Music Group – UMG) to refuse to honor DMCA counter-notices sent in response to their copyright takedowns—essentially giving them the power to take down any video they wish, even if it does not infringe their copyright in any way.
...
In such cases about the only thing the user can do is attempt to contact the copyright claimant using the information provided by YouTube, and attempt to convince them to retract their copyright claim (probably a futile endeavor). In John’s case, he emailed the provided youtube at umusic dot com address to inquire about this situation, and interestingly enough, even though the email is on a UMG-owned domain, he received a response not from UMG but from YouTube, stating:

For the reasons explained before, we regretfully cannot honor this counter-notification. However, your account will not be penalized and your strike has been resolved.

YouTube was kind enough to remove the copyright strike on his account, though only after he contacted them, not after they initially refused to restore his video."
[link to fairusetube.org]
 Quoting: Dr. Astro


Yeah, that's the sort of scenario I was thinking of. This world has gone mad.
"Don't tell me truth hurts, little girl, 'cause it hurts like hell. --David Bowie
Anonymous Coward
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09/17/2014 11:03 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
rofl


cruise
Anonymous Coward
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09/17/2014 11:05 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
Now if anything fantastic happens in space where a broadcast would have been awesome while you are down......

man, you will become the God of astrological conspiracy...lol


GLP'ers will never let it go, .....



How do you do it? Attract so much attention?

It reminds me of how dumb people instinctively hate smart people. Which is a very immature thought pattern.


Good luck
The Joker

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09/17/2014 11:09 AM
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Re: I will not be able to provide any live astronomy webcasts for at least 2 weeks *Update: Secureteam backed down and retracted the claim
That's a bummer.





GLP