YouTube sued over COPYRIGHT INFRINGEMENT - GoFuckYourself.com

$5 submissions · 07-20-2006, 06:03 AM

http://news.zdnet.com/2100-9588_22-6095736.html

Robert Tur says video he shot of the beating of trucker Reginald Denny during the 1992 Los Angeles riots was posted at YouTube without his permission and viewed more than 1,000 times. Tur says in his lawsuit, filed Friday in U.S. District Court, that YouTube is profiting from his work while hurting his ability to license his video.

"Mr. Tur's lawsuit is without merit," YouTube said in a statement. "YouTube is a service provider that complies with all the provisions of the Digital Millennium Copyright Act (DMCA), and therefore is entitled to the full protections of the safe harbor provisions of the Act."

seeric · 07-20-2006, 06:05 AM

they will have to get google video then if thats the case. more than likely you tube is using the same loophole as guba does. not sure though so don't quote me.

Rolo · 07-20-2006, 06:10 AM

I love how the YouTube clones use the "DMCA" to wash their hands, while they piss on the content owners... however must admit that some clones does it more professionally than others.

$5 submissions · 07-20-2006, 06:12 AM

Notice how he did not ask that his content be removed before filing the suit....

Dirty Dane · 07-20-2006, 06:17 AM

Quote:

Originally Posted by $5 submissions

Notice how he did not ask that his content be removed before filing the suit....

haha nice. I hope he win, unfortunately its about who has the most money and not justice

L-Pink · 07-20-2006, 06:20 AM

Quote:

Originally Posted by Dirty Dane

haha nice. I hope he win, unfortunately its about who has the most money and not justice

And never confuse justice with the law ..... I wish him well

Paul · 07-20-2006, 06:24 AM

Quote:

Originally Posted by $5 submissions

Notice how he did not ask that his content be removed before filing the suit....

Yea but really why should he ? If someones steals your car and you know who stole it, would ask the thief for it back before calling the police ? No

Matt_WildCash · 07-20-2006, 06:38 AM

Been waiting for this, people know they have Milllions (although for how long at the rate of $1 million loss a month on bandwidth).

Only a matter of time before all the content owners start sueing for a piece of the action.

Matt

Tom_PM · 07-20-2006, 06:49 AM

Isn't it part of the DMCA that you comply with REQUESTS to remove such things?
Similar how can-spam compliance means you have to have clear opt-outs and such.
Basically you cant cry infringment or spam until you've exhausted efforts on your own. Like if there is a loud party next door the cops will ask you first if you've asked them to quiet down before they'll come around.

cyberstar · 07-20-2006, 06:49 AM

good luck to him! he'll need it!

supermann · 07-20-2006, 07:16 AM

Quote:

Originally Posted by Coatsy

Yea but really why should he ? If someones steals your car and you know who stole it, would ask the thief for it back before calling the police ? No

WTF?? The guy has no case at all! The amount he is gonna sue($150000) for must be proven by how much money he could of made with that clip. He can't prove shit!
Besides, they ARE protected by the DMCA! And he didn't even ask for it to be removed beforehand(unlike your car example, youtube didn't attempt to STEAL his video, just share it with community and would of taken it off if asked). He's looking for easy money. He is just wasting money on lawyers, I feel bad for the guy.

$5 submissions · 07-20-2006, 07:46 AM

Quote:

Originally Posted by Coatsy

Yea but really why should he ? If someones steals your car and you know who stole it, would ask the thief for it back before calling the police ? No

It brings the DMCA into issue. The DMCA has a 'safe harbor' provision regarding rights owner requests to have infringing material pulled.

JMM · 07-20-2006, 07:49 AM

Quote:

Originally Posted by supermann

WTF?? The guy has no case at all! The amount he is gonna sue($150000) for must be proven by how much money he could of made with that clip. He can't prove shit!
Besides, they ARE protected by the DMCA! And he didn't even ask for it to be removed beforehand(unlike your car example, youtube didn't attempt to STEAL his video, just share it with community and would of taken it off if asked). He's looking for easy money. He is just wasting money on lawyers, I feel bad for the guy.

You are wrong. If his content was registered on a timely basis, he doesn't have to prove anything in terms of damages. The law provides for statutory damages, up to $150,000 per infringement.

For those of you that think the DMCA is the end all be all in safe harbor protection, look up Perfect 10 v. Google. for an interesting read.

Kenny B! · 07-20-2006, 07:50 AM

Quote:

Originally Posted by A1R3K

they will have to get google video then if thats the case. more than likely you tube is using the same loophole as guba does. not sure though so don't quote me.

What is Guba's loophole anyways?

Tom_PM · 07-20-2006, 07:56 AM

I'm pretty sure the bottom line would be did he notify of an infringment, and if so was that request acted on promptly or not? Thats gonna be about it.

JMM · 07-20-2006, 07:56 AM

Quote:

Originally Posted by Kenny B!

What is Guba's loophole anyways?

They dont have one.

CamsLord · 07-20-2006, 07:56 AM

it was waiting to hapenne...

$5 submissions · 07-20-2006, 07:57 AM

Quote:

Originally Posted by PR_Tom

I'm pretty sure the bottom line would be did he notify of an infringment, and if so was that request acted on promptly or not? Thats gonna be about it.

Yep. He jumped the gun by filing suit immediately.

jayeff · 07-20-2006, 08:05 AM

Quote:

Originally Posted by supermann

WTF?? The guy has no case at all! The amount he is gonna sue($150000) for must be proven by how much money he could of made with that clip. He can't prove shit!

$150,000 happens to be the amount that a court may award in statutory damages in the case of copyright infringements where the copyright was registered before the infringement took place. That may be a coincidence, but Mr. Tur is a journalist and quite possibly routinely copyrights his work.

It isn't necessary in such cases to prove any financial loss, nor does he have to prove anything beyond being able to demonstrate that his copyrighted material was used without his permission. In such cases, there is no requirement to prove intent.

Unfortunately DMCA does make it harder to prove culplable copyright infringement than it is offline: mainly thanks to the "safe harbor" provisions that the OSP is required to actually know that the material is infringing and is not aware of information from which the infringing nature of the material is apparent.

It is only a matter of time before the right lawyer meets the right judge and the house of cards will come down. To anyone outside a courtroom it is ludicrous that a business model based entirely on the illegal use of copyrighted material by people who are fully aware that they are exploiting the lack of legal precedent, can be considered to be within the law. Maybe a disgruntled ex-employee will testify or produce incriminating documents: who knows.

The DMCA was only written to accomodate those who legitimately pass along digital data without being aware of its nature. Its sloppy language is the sole reason loopholes exist, and they will be closed eventually, either by the courts or by the legislators themselves.

07-20-2006, 06:03 AM	#1
$5 submissions I help you SUCCEED Industry Role: Join Date: Nov 2003 Location: The Pearl of the Orient Seas Posts: 32,195	YouTube sued over COPYRIGHT INFRINGEMENT http://news.zdnet.com/2100-9588_22-6095736.html Robert Tur says video he shot of the beating of trucker Reginald Denny during the 1992 Los Angeles riots was posted at YouTube without his permission and viewed more than 1,000 times. Tur says in his lawsuit, filed Friday in U.S. District Court, that YouTube is profiting from his work while hurting his ability to license his video. "Mr. Tur's lawsuit is without merit," YouTube said in a statement. "YouTube is a service provider that complies with all the provisions of the Digital Millennium Copyright Act (DMCA), and therefore is entitled to the full protections of the safe harbor provisions of the Act." __________________ Need a NON-ADULT income stream? We build your YOUTUBE CHANNEL for only $20 per video! For Hire: $3/hour or $400 per month Marketing Specialist Virtual Assistants

07-20-2006, 06:10 AM	#3
Rolo Confirmed User Join Date: Dec 2002 Posts: 555	I love how the YouTube clones use the "DMCA" to wash their hands, while they piss on the content owners... however must admit that some clones does it more professionally than others. __________________ Surfmastering : a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery

07-20-2006, 06:12 AM	#4
$5 submissions I help you SUCCEED Industry Role: Join Date: Nov 2003 Location: The Pearl of the Orient Seas Posts: 32,195	Notice how he did not ask that his content be removed before filing the suit.... __________________ Need a NON-ADULT income stream? We build your YOUTUBE CHANNEL for only $20 per video! For Hire: $3/hour or $400 per month Marketing Specialist Virtual Assistants

07-20-2006, 06:38 AM	#8
Matt_WildCash Confirmed User Join Date: Jan 2003 Posts: 1,699	Been waiting for this, people know they have Milllions (although for how long at the rate of $1 million loss a month on bandwidth). Only a matter of time before all the content owners start sueing for a piece of the action. Matt __________________ Try the New XMovies.com and make more $$$ with your Traffic

07-20-2006, 06:49 AM	#9
Tom_PM Porn Meister Industry Role: Join Date: Feb 2005 Posts: 16,443	Isn't it part of the DMCA that you comply with REQUESTS to remove such things? Similar how can-spam compliance means you have to have clear opt-outs and such. Basically you cant cry infringment or spam until you've exhausted efforts on your own. Like if there is a loud party next door the cops will ask you first if you've asked them to quiet down before they'll come around. __________________ 43-922-863 Shut up and play your guitar.

07-20-2006, 06:05 AM	#2
seeric .......... Industry Role: Join Date: Aug 2004 Location: .......... Posts: 41,917	they will have to get google video then if thats the case. more than likely you tube is using the same loophole as guba does. not sure though so don't quote me.

07-20-2006, 06:49 AM	#10
cyberstar Confirmed User Join Date: Mar 2005 Location: Paradise Posts: 1,263	good luck to him! he'll need it! __________________ Star @ ShockMediaLab 250-060-302 web design, development, gallery submissions, outsourcing

07-20-2006, 07:56 AM	#15
Tom_PM Porn Meister Industry Role: Join Date: Feb 2005 Posts: 16,443	I'm pretty sure the bottom line would be did he notify of an infringment, and if so was that request acted on promptly or not? Thats gonna be about it. __________________ 43-922-863 Shut up and play your guitar.

07-20-2006, 07:56 AM	#17
CamsLord Confirmed User Join Date: Jun 2006 Posts: 3,663	it was waiting to hapenne... __________________ sig for sale - pornpicz(at)gmail.com