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-   -   DMCA notice - WTF? (https://gfy.com/showthread.php?t=889791)

RayBonga 02-24-2009 02:30 AM

DMCA notice - WTF?
 
Just received a DMCA notice for a video in a tube site I run, however when I checked the video they asked me to delete I realized it's embedded for the sponsor.

I mean, it's part of the promo materials for affiliates and is even hosted at their own site.

I think they are hiring a third party to check for copyright infrigement that have no idea of what they are doing. Not sure if I should delete it anyway but seems retarded to me :helpme

JD 02-24-2009 02:33 AM

contact the sponsor. seems to be happening a lot from what I've heard

TeenCat 02-24-2009 02:38 AM

removeyourcontent ? :)

James124 02-24-2009 03:02 AM

If people send a dmca notice, they better be damn sure...

http://www.google.com/dmca.html

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/l...opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000.

tony286 02-24-2009 03:07 AM

i blame the sponsor they should make the third party aware of where they are.

Sands 02-24-2009 04:40 AM

There is a post on another forum that highlighted this problem. If I recall correctly, it's Remove Your Content. Although they're a terrific service, there have been some reports that they're sending DMCA's for sponsor-approved content. Be sure to contact the sponsor with the issue so they can notify Remove Your Content and resolve the issue.

Jon Clark - BANNED FOR LIFE 02-24-2009 05:05 AM

funny shit...

SteveHardeman 02-24-2009 05:16 AM

I'm a customer of RYC and very happy with their service I might add. I love seeing someone come up with an idea outside of the normal paysite or affiliate model and make bank.

Anyway, here's what I believe is going on. A program signs up for RYC. RYC asks that program owner what the longest length tube video that sponsor will allow on a tube site. For this example, let's say the program owner says 2 minute. Great, so any video from that sponsors programs over 2 Minutes that RYC finds, they have been asked by the program owner to DMCA.

Then, an employee of the program gives one of their affiliates a bunch of 5 minute videos to use on tubes. Or, the employee himself uploads the 5 min vids for his own marketing unaware of the program owners agreement with RYC. RYC sees them and BAM, DMCA.

RYC really isn't to blame here. They've been asked by the program to DMCA any video over 2 mins. RYC is providing a professional service acting on behalf of the program owner's direction.

Matt 26z 02-24-2009 05:32 AM

Anyone remember APIC? lol

http://www.gofuckyourself.com/showth...highlight=apic

That will be how RYC ends up. This is the same wrongful accusations that APIC used to do.

seeandsee 02-24-2009 05:36 AM

shit happenes

BardMan 02-24-2009 08:19 AM

Just contact the person filing the complaint. Open a line of communication - thats the best bet

tony286 02-24-2009 09:47 AM

Quote:

Originally Posted by Matt 26z (Post 15542256)
Anyone remember APIC? lol

http://www.gofuckyourself.com/showth...highlight=apic

That will be how RYC ends up. This is the same wrongful accusations that APIC used to do.

but its not their fault if a sponsor hires them and says get my shit down and doesnt tell them where its ok for their stuff to be.how is that ryc's fault?

Agent 488 02-24-2009 09:49 AM

i've got dmca's from sponsor content. time to drop that shady ass program.

rigrunner 02-24-2009 09:52 AM

Just remember DMCAs can be disputed, so get back to them.

Barefootsies 02-24-2009 10:03 AM

Quote:

Originally Posted by tony404 (Post 15541993)
i blame the sponsor they should make the third party aware of where they are.

:2 cents:

Agent 488 02-24-2009 10:07 AM

cocksukers!

RayBonga 02-24-2009 03:34 PM

Quote:

Originally Posted by SteveHardeman (Post 15542231)
I'm a customer of RYC and very happy with their service I might add. I love seeing someone come up with an idea outside of the normal paysite or affiliate model and make bank.

Anyway, here's what I believe is going on. A program signs up for RYC. RYC asks that program owner what the longest length tube video that sponsor will allow on a tube site. For this example, let's say the program owner says 2 minute. Great, so any video from that sponsors programs over 2 Minutes that RYC finds, they have been asked by the program owner to DMCA.

Then, an employee of the program gives one of their affiliates a bunch of 5 minute videos to use on tubes. Or, the employee himself uploads the 5 min vids for his own marketing unaware of the program owners agreement with RYC. RYC sees them and BAM, DMCA.

RYC really isn't to blame here. They've been asked by the program to DMCA any video over 2 mins. RYC is providing a professional service acting on behalf of the program owner's direction.

This might make sense if the content was in my site but it was embedded from the sponsor site (hosted on the sponsor site). The video is available for any affiliate that joins the site.

Anyway, in the mean time I sorted it out with the program owner

dial 02-24-2009 03:45 PM

Quote:

Originally Posted by tony404 (Post 15541993)
i blame the sponsor they should make the third party aware of where they are.

you want sponsors to make content removal companies aware of everywhere their content is? oh jesus, your idiocy gets more and more every day

so, if traffic cash gold, which most likely has millions of pages of the materials on the web due to affiliates, to inform the people they hire to find their illegal content of ALL those pages FOR THEM?

I know guys that create 100-200 new pages every day with sponsor content...now tony, mr captain obvious, how would YOU go about registering all those new pages as they are created? do you want the affiliate to go in and copy aand paste every url to the sponsor?

Sly 02-24-2009 03:50 PM

Quote:

Originally Posted by tony404 (Post 15542935)
but its not their fault if a sponsor hires them and says get my shit down and doesnt tell them where its ok for their stuff to be.how is that ryc's fault?

Sponsors don't know "where" all of their content is. The people running the service need to be able to understand the affiliate marketing and how people use content, etc.

It's a very tricky situation, I would not want to be managing that group of people. You really need to understand the game to know what's acceptable, otherwise everything else is just "blanket rules" and really... this industry has few "blanket rules".

doridori 02-24-2009 03:56 PM

Quote:

Originally Posted by TeenCat (Post 15541951)
removeyourcontent ? :)

not your content removal service :1orglaugh

PowerCum 02-24-2009 04:55 PM

Remove that sponsor from your network and never look back.
Worked miracles for me when a couple of sponsors decided to DMCA me after buying a couple of sites promoting them almost exclusively. The funny stuff was that their employees were the ones uploading the content to my servers.

My solution was just to remove their content from my content pool system and replace them with the content of another sponsor... that's about 5 minutes process with my current system (including the DMCA read), so it takes less time to do than replying with counter DMCA and stuff like.

There are plenty of sponsors hungry for traffic and sales nowadays, so just make a sponsor swap and reply to the DMCA notice with "Ok, it has been all removed. Sorry for any inconvenience this may have caused you".

seeric 02-24-2009 04:58 PM

Quote:

Originally Posted by RayBonga (Post 15544437)
This might make sense if the content was in my site but it was embedded from the sponsor site (hosted on the sponsor site). The video is available for any affiliate that joins the site.

Anyway, in the mean time I sorted it out with the program owner

if you don't host the video, don't worry about it.

gideongallery 02-24-2009 06:08 PM

file a counter claim and claim a billable hourly rate of $150/hour or whatever your highest paid rate is for the time you spend determining they were wrong.

The DMCA allows you to recover the cost for a false take down request.

Big John 02-24-2009 06:26 PM

Quote:

Originally Posted by Matt 26z (Post 15542256)
Anyone remember APIC? lol

http://www.gofuckyourself.com/showth...highlight=apic

That will be how RYC ends up. This is the same wrongful accusations that APIC used to do.

Not quite the same as APIC. APIC were really a single guy who was very, very dumb and got business off the back of one lucky court case. I had a run-in and prolonged pissing match with him that cost be a good relationship with a sponsor, due to the tactics he used even when wrong. And...the guy was never wrong in his own eyes.

I seem to remember Lensman having fun with APIC too. Hopefully as has been stated this is a company using the service being stupid and both removeyourcontent and the sponsor are at least being professional and responding intelligently to the problem when it's highlighted. Sadly that was never the case with APIC.

HorseShit 02-24-2009 06:38 PM

Quote:

Originally Posted by SteveHardeman (Post 15542231)
I'm a customer of RYC and very happy with their service I might add. I love seeing someone come up with an idea outside of the normal paysite or affiliate model and make bank.

Anyway, here's what I believe is going on. A program signs up for RYC. RYC asks that program owner what the longest length tube video that sponsor will allow on a tube site. For this example, let's say the program owner says 2 minute. Great, so any video from that sponsors programs over 2 Minutes that RYC finds, they have been asked by the program owner to DMCA.

Then, an employee of the program gives one of their affiliates a bunch of 5 minute videos to use on tubes. Or, the employee himself uploads the 5 min vids for his own marketing unaware of the program owners agreement with RYC. RYC sees them and BAM, DMCA.

RYC really isn't to blame here. They've been asked by the program to DMCA any video over 2 mins. RYC is providing a professional service acting on behalf of the program owner's direction.

you're one of the biggest idiots on here

V_RocKs 02-24-2009 06:43 PM

Quote:

Originally Posted by dial (Post 15544478)
you want sponsors to make content removal companies aware of everywhere their content is? oh jesus, your idiocy gets more and more every day

so, if traffic cash gold, which most likely has millions of pages of the materials on the web due to affiliates, to inform the people they hire to find their illegal content of ALL those pages FOR THEM?

I know guys that create 100-200 new pages every day with sponsor content...now tony, mr captain obvious, how would YOU go about registering all those new pages as they are created? do you want the affiliate to go in and copy aand paste every url to the sponsor?

Did someone piss in your milk?


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