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View Full Version : Cute baby's Mama knocks Universal Music Group back inline



standin
03-01-2010, 04:27 PM
By Eriq Gardner Mon Mar 1, 8:48 am ET

LOS ANGELES (Hollywood Reporter) How much should a copyright owner pay for improperly telling a website to remove content?

Stephanie Lenz got into trouble with Universal Music Group in 2007 after she posted a YouTube video of her toddler dancing to the Prince song "Let's Go Crazy." The label fired off a letter demanding removal of the clip and YouTube complied.

Lenz then teamed with online free-speech advocates at the Electronic Frontier Foundation to get a judge to declare that her video was a "fair use" of the song. She then sought damages against Universal, the world's biggest record company, for sending a meritless takedown request.

Universal fought back by raising affirmative defenses that Lenz had bad faith and unclean hands in pursuing damages. Now a California district court judge has rejected those arguments, granting partial summary judgment to Lenz and paving the way for Lenz to collect attorneys fees.

The case is important because it raises the question of whether a media company can be held liable for pursuing a takedown without a full consideration of fair use. The decision by the court last Thursday is very technical and examines damage claims under a statutory code that deals with liability when misrepresentations are made about infringing works online.

A preliminary read on the decision indicates that Lenz can recover legal fees associated with fighting the takedown, but not necessarily fees connected with the cost of pursuing Universal for damages in follow-up litigation. To really sock it to Universal, Lenz would have to make a claim under a code that awards fees at the court's discretion. To do that, she will likely need to show that Universal knowingly misrepresented its initial claim.

Cute baby video wins battle against music label - Yahoo! News (http://news.yahoo.com/s/nm/20100301/tc_nm/us_lawsuit;_ylt=Aud5QKvM.JauCpMvebA4upqs0NUE;_ylu= X3oDMTNlMXZ0MnFtBGFzc2V0A25tLzIwMTAwMzAxL3VzX2xhd3 N1aXQEY2NvZGUDbW9zdHBvcHVsYXIEY3BvcwM4BHBvcwM1BHB0 A2hvbWVfY29rZQRzZWMDeW5faGVhZGxpbmVfbGlzdARzbGsDY3 V0ZWJhYnl2aWRl)

standin
03-01-2010, 04:28 PM
http://farm3.static.flickr.com/2090/1849933896_bb6e5d2722.jpg

LoungeMachine
03-01-2010, 04:29 PM
Sending to NON.


as in NON INTEREST

:gulp:



WTF does this have to do with politics or religion?

standin
03-01-2010, 04:33 PM
Ummm. you ever hear a thing called the courts of law?
I guess you are one of "those" that think fair use is a non-issue or not politically motivated.

LoungeMachine
03-01-2010, 07:06 PM
:crickets:

standin
03-01-2010, 09:42 PM
If you think fair use is not political, you are misinformed or not informed at all.
Besides bad cover tunes and documenting daily life such as babies dancing, fair-use effects your freedom of speech.



Manalapan v. Moskovitz

EFF prevented the New Jersey Township of Manalapan from outing a vocal critic.

One blogger who was particularly critical of the Township was Blogspot blogger "datruthsquad" (daTruthSquad (http://datruthsquad.blogspot.com)). Inexplicably, attorneys issued a subpoena to Google (owner of Blogspot) demanding that the identity of this anonymous critic be turned over, along with datruthsquad's contact information, blog drafts, e-mails, and "any and all information related to the blog." Superior Court Judge Terence Flynn granted EFF's motion to quash the Township's subpoena seeking the identity of datruthsquad and denied a motion to authorize future subpoenas.

Sony Rootkit scandal

EFF held Sony BMG accountable for infecting its customers' computers with software that created grave security vulnerabilities and let the company spy on listening behavior.

Sony BMG included the dangerous software on millions of music CDs as part of a misguided attempt to restrict consumer usage. After pushing Sony BMG to take the CDs off the market, EFF filed and subsequently settled a class-action lawsuit that forced Sony to repair the damage already done. EFF also successfully pressured Sunncomm, the creators of one of the harmful technologies, to fix the security flaws.

EFF Legal Victories | Electronic Frontier Foundation (http://www.eff.org/victories/)


Dragging someone around is easy to do...


YouTube - Broadcast Yourself. (http://www.youtube.com/t/contentid)

Block, Monetize, or Track Viewing Metrics — It's Automated, and It's Free

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/xWizsV5Le7s&rel=0&color1=0xb1b1b1&color2=0xcfcfcf&hl=en_US&feature=player_embedded&fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowScriptAccess" value="always"></param><embed src="http://www.youtube.com/v/xWizsV5Le7s&rel=0&color1=0xb1b1b1&color2=0xcfcfcf&hl=en_US&feature=player_embedded&fs=1" type="application/x-shockwave-flash" allowfullscreen="true" allowScriptAccess="always" width="425" height="344"></embed></object>



You can go pull old newspapers and review them. Video news is not archived for the most part. Getting that data for commentary, research or any other fair use requires that "hand-held device".








Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent by copyright owners (sometimes carelessly, sometimes not). But in the past several weeks, two things have made things much worse for those who want to sing a song, post an a capella tribute, or set machinima to music.

First, it appears that more and more copyright owners are using YouTube's automated copyright filtering system (known as the Content ID system), which tests all videos looking for a "match" with "fingerprints" provided by copyright owners.

Second, thanks to a recent spat between YouTube and Warner Music Group, YouTube's Content ID tool is now being used to censor lots and lots of videos (previously, Warner just silently shared in the advertising revenue for the videos that included a "match" to its music).

EFF, along with many other public interest groups, have repeatedly expressed our concerns to both copyright owners and YouTube about the dangers of automated filtering systems like the Content ID system. These systems are still primitive and unable to distinguish a tranformative remix from copyright infringement. So unless they leave lots of breathing room for remixed content, these filters end up sideswiping lots of fair uses.

And that's exactly what has happened these past few weeks. And while today it's Warner Music, as more copyright owners start using the Content ID tool, it'll only get worse. Soon it may be off limits to remix anything with snippets of our shared mass media culture -- music, TV, movies, jingles, commercials. That would be a sad irony -- copyright being used to stifle an exciting new wellspring of creativity, rather than encourage it.

It's clear from the Warner Music experience that YouTube's Content ID tool fails to separate the infringements from the arguable fair uses. And while YouTube offers users the option to dispute a removal (if it's an automated Content ID removal) or send a formal DMCA counter-notice (if it's an official DMCA takedown), many YouTube users, lacking legal help, are afraid to wave a red flag in front of Warner Music's lawyers. That's a toxic combination for amateur video creators on YouTube.

So what can we do?

First, YouTube should fix the Content ID system. Now. The system should not remove videos unless there is a match between the video and audio tracks of a submitted fingerprint. When we made this suggestion in October 2007, YouTube assured us that they were working on improving the tool. Well, it's been more than a year. If YouTube is serious about protecting its users, the time has come to implement this fix. (Some will point out that this implies that record labels and music publishers can never use the Content ID tool to remove videos solely based on what's in the audio track. That's right. I think that adding a soundtrack to your home skateboarding movie is a fair use. If copyright owners feel differently, they can send a formal DMCA takedown notice, and with any luck, we'll see each other in court.)

Second, YouTubers, EFF wants to help. If Warner Music Group took down your video, ask yourself if your video is (1) noncommercial (i.e., no commercial advertisements or YouTube Partner videos) and (2) includes substantial original material contributed by you (i.e., no verbatim copies of Warner music videos). If so, and you'd like to counternotice but are afraid of getting sued, we'd like to hear from you. We can't promise to take every case, but neither will we stand by and watch semi-automated takedowns trample fair use.


YouTube's January Fair Use Massacre | Electronic Frontier Foundation (http://www.eff.org/deeplinks/2009/01/youtubes-january-fair-use-massacre)

standin
03-01-2010, 09:47 PM
Music related political discussion on a music related board, hmm imagine that new concept......:ashamed:

LoungeMachine
03-01-2010, 09:52 PM
So far it's just you talking to yourself......

Hmmm

Imagine that....

:gulp:

chefcraig
03-01-2010, 09:56 PM
So far it's just you talking to yourself......

Hmmm

Imagine that....

:gulp:

Ain't the first time...

http://img651.imageshack.us/img651/3813/astand.jpg (http://img651.imageshack.us/i/astand.jpg/)

standin
03-01-2010, 09:59 PM
Yep, 'cept you....


Of course, everyone is waiting on the tour box set release....Not that would be considered fair use, but would be held by copyright and if doody is dancing.
~Same tree~
Corporate controlling what we hear, say and view.
Note: not ALL corporate is "bad."

LoungeMachine
03-01-2010, 09:59 PM
:lmao:

standin
03-01-2010, 10:00 PM
Ain't the first time...

http://img651.imageshack.us/img651/3813/astand.jpg (http://img651.imageshack.us/i/astand.jpg/)

:biggrin:
Wow you saved that....dang...
drunk writing, better than drunk dialing. ;)

LoungeMachine
03-01-2010, 10:02 PM
See, the reality is....

Trying to crack the nut that is standin, is much more of an entertaining and informative thread than this one....

:gulp:

If I started a WHAT MEDS DO YOU THINK STANDIN IS ON? thread it'd hit 9 pages before you had time to fill your next RX

LoungeMachine
03-01-2010, 10:03 PM
:biggrin:
Wow you saved that....dang...
drunk writing, better than drunk dialing. ;)

thome might argue that point......

:gulp:

what was it that broke you two lovebirds up, anyway?

chefcraig
03-01-2010, 10:08 PM
thome might argue that point......


Don't be so sure...

http://img52.imageshack.us/img52/585/athomowner.jpg (http://img52.imageshack.us/i/athomowner.jpg/)

LoungeMachine
03-01-2010, 10:11 PM
:lmao:

No wonder they're a match made in heaven......

standin
03-01-2010, 10:12 PM
See, the reality is....

Trying to crack the nut that is standin, is much more of an entertaining and informative thread than this one....

:gulp:

If I started a WHAT MEDS DO YOU THINK STANDIN IS ON? thread it'd hit 9 pages before you had time to fill your next RX

Yea, well this place is not known for its doctors or even levelheaded medical advice. "Ill keep the pin in my leg, thank you. No, I do not need a bowie knife to slice open my leg. Thanks though for the offer, mighty right of ya." :biggrin:

Dr. Love
03-01-2010, 10:16 PM
http://farm5.static.flickr.com/4027/4350545875_31c6b30658_o.png

LoungeMachine
03-01-2010, 10:18 PM
Yea, well this place is not known for its doctors or even levelheaded medical advice. "Ill keep the pin in my leg, thank you. No, I do not need a bowie knife to slice open my leg. Thanks though for the offer, mighty right of ya." :biggrin:

:headscratch:

Are the voices in your head ever in English?

:gulp:

standin
03-01-2010, 10:20 PM
Seeing how the very important musically relevant political thread is getting derailed....



Wow,chefcraig, you saved the thome one as "athome".... interesting... I have a note concerning that very reference somewhere...........................

standin
03-01-2010, 10:22 PM
:headscratch:

Are the voices in your head ever in English?

:gulp:

Actually, I think in საქართველო a lot. :tongue0011:

LoungeMachine
03-01-2010, 10:25 PM
Seeing how the very important musically relevant political thread is getting derailed....





:lmao:

:lmao:

:lmao:


Sorry to impose on everyone's heated debate and extreme interest in your thread....

carry on

























































:crickets:

standin
03-01-2010, 10:35 PM
O'tay buckwheat!

Got bug-spray for these crickets. They are rather noisy.
On second thought a cricket in the house means good luck. Oh blathers!


Broadcast Flag
Today, you can use any device you like with your television: VCR, TiVo, DVD recorder, home theater receiver, or a PC combining these functions and more. But if the broadcast flag mandate is passed, Hollywood and federal bureaucrats will get a veto over innovative devices and legitimate uses of recorded programming.

The mandate forces all future digital television (DTV) tuners to include "content protection" (aka DRM) technologies. All makers of HDTV receivers will be required to build their devices to watch for a "flag" embedded in programs by copyright holders.

When it comes to digital recording, it would be Hollywood's DRM way or the highway. Want to burn that recording digitally to a DVD to save hard drive space? Sorry, the DRM lock-box won't allow it. How about sending it over your home network to another TV? Not unless you rip out your existing network and replace it with DRMd routers. And forget about using open source TV tools. Kind of defeats the purpose of getting a high definition digital signal, doesn't it?

Responding to pressure from Hollywood, the FCC had originally mandated the flag, but thanks to our court challenge, ALA v. FCC, it was thrown out. But that doesn't mean the danger is behind us. Hollywood has headed to Congress to ask for the flag again.

Broadcast Flag | Electronic Frontier Foundation (http://www.eff.org/issues/broadcast-flag)

chefcraig
03-01-2010, 10:44 PM
Wow,chefcraig, you saved the thome one as "athome".... interesting... I have a note concerning that very reference somewhere...........................

When you store images with Vista (as with any other platform), you can assign whatever name you like to it as it is being saved. By adding an "A" or another letter to the image title as a prefix, you can categorize certain images for easy selection, rather than going through several files or Google image to find what you are seeking, particularly at work where some sites/image sources are non-accessible. (You'll notice the screen capture featuring your image starts with an "a" as well.)

The way I have things set up, the "A" prefixes are for web site related things, "B" is for pop culture references, "C" musical items, "D" sports imagery ect., ect. By doing so, it avoids the need to open extra windows for what is essentially a single task. This way, only the image host site needs to open to embed a picture in a post.

LoungeMachine
03-01-2010, 10:45 PM
When you store images with Vista (as with any other platform), you can assign whatever name you like to it as it is being saved. By adding an "A" or another letter to the image title as a prefix, you can categorize certain images for easy selection, rather than going through several files or Google image to find what you are seeking, particularly at work where some sites/image sources are non-accessible. (You'll notice the screen capture featuring your image starts with an "a" as well.)

The way I have things set up, the "A" prefixes are for web site related things, "B" is for pop culture references, "C" musical items, "D" sports imagery ect., ect.

Do you have a letter assigned for bat-shit crazy loons on the interwebs?

:gulp:

Or is that "A"?

chefcraig
03-01-2010, 10:50 PM
Do you have a letter assigned for bat-shit crazy loons on the interwebs?

Or is that "A"?

Yep, that's in the "A" section. More fittingly, I should create a Section 8. ;)

standin
03-01-2010, 10:51 PM
That is a good idea. I have been at ends on organizing my files. For the longest time, I simply organized by date, but have been trying new methods with little success.

That one sounds as good as any....Thanks

chefcraig
03-01-2010, 11:02 PM
That is a good idea. I have been at ends on organizing my files. For the longest time, I simply organized by date, but have been trying new methods with little success.

It truly depends upon what platform you are using, and the parameters it provides. For images, I've found that date or size really gives you little in the way of options. Your best bet is to delete as much unneeded stuff as possible, then start over. Write out an outline on a sheet of notebook paper, with headings for how you could best divide things via subject. Then, re-title the files using the prefix method.

Yes, it is time consuming, but it can be accomplished after a few sessions. And it beats buying or downloading yet another piece of software to do it for you. As I said, I am speaking primarily of images, whereas text and music files are another issue altogether.

thome
03-01-2010, 11:26 PM
When you store images with Vista (as with any other platform), you can assign whatever name you like to it as it is being saved. By adding an "A" or another letter to the image title as a prefix, you can categorize certain images for easy selection, rather than going through several files or Google image to find what you are seeking, particularly at work where some sites/image sources are non-accessible. (You'll notice the screen capture featuring your image starts with an "a" as well.)

The way I have things set up, the "A" prefixes are for web site related things, "B" is for pop culture references, "C" musical items, "D" sports imagery ect., ect. By doing so, it avoids the need to open extra windows for what is essentially a single task. This way, only the image host site needs to open to embed a picture in a post.

Those are faked chops.

I open folders and subfolders all with a standard 5 or six names and then the labled filing is already done and then run them off at the end of every month and label the month on the disk.

Start all over again then a few months down the road I edit the disks when I have a day.

I used Vista for about 6 months and then went back to XP it is simpler, but I do like Vistas folder display and access system, cool stuff ,just way to many options I don't need right now.

90% of my filing is labled by Cup Size to keep it simpler even still..lol

No Loungie that isn't jock cup size you burning bitch.

LoungeMachine
03-01-2010, 11:38 PM
:lmao:

and the cage door is open.....

Hardrock69
03-02-2010, 01:40 AM
Funny, Lounge has access to places here like "Moderator Forums" that thome could not possibly imagine. Fake chop? Is that like a soy pork chop or something?

Personally I find the win over Universal a good thing. Anyone that stands up to the Music Industry Gestapo (SEIG HEIL!) in that fashion is to be applauded. Certainly if they can emerge somewhat victorious.