Vidlii needs to learn how fair use works

mattwo
mattwo
May 15, 2018
(more info)
Quick Addendum: In a comment I stumbled across but can't find anymore where @Sudeurion claimed an intent to protect videos he personally considered fair use, this puts the entire website at risk of a FBI takedown and a lawsuit.
YouTube only won their suit against Viacom by safe harbor because Viacom couldn't prove YouTube was aware of the infringement, this is also why Content ID was put into place, to try to avoid responsibility on the matter. Refusing a DMCA claim is proof that the people running the site were aware of the infringement. (see: Viacom International Inc. v. YouTube, Inc.).
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DaxIsAwesome (3 months ago)
DaxIsAwesome
-2
VidLii needs to learn a lot . But sadly is kind of late
BoredWithMalice (3 months ago)
BoredWithMalice
0
So you're saying that we can't publish parodies or remixes because of the copyrighted content in them?
mattwo (3 months ago)
mattwo
0
@BoredWithMalice I never even remotely implied such a thing.
skreutzer (3 months ago)
skreutzer
1
2:06 The Internet Archive will take anything down on simple request immediately. Nintendo probably didn't complain about emulators, but about the IA hosting their game cartridge bits.
Show all 10 replies
mattwo (3 months ago)
mattwo
1
@skreutzer Also the quality seal isn't present on the games, only the carts. Nintendo's logo might be in the games themselves but unless the logo is copyrighted it doesn't matter because that's not how Trademark works.

Trademarks can only be infringed upon when they're used in a way that dissociates them from the real brand. A Nintendo logo in an NES rom does no such thing as it is clearly an NES rom and it's clearly connected to the Nintendo brand.
mattwo (3 months ago)
mattwo
0
@skreutzer Feel free to look up if the logo is copyrighted yourself.
skreutzer (3 months ago)
skreutzer
1
0:41 It matters a lot what moderators or site operators think, because they set upload policy for their servers. If they don't want to get into any legal or Fair Use interpretation debate, they can very well demand that people only upload stuff they entirely created themselves, or make Fair Use of works they didn't obtain permission to only if the used work is so much in the background or creatively mixed, that it is hard to notice the used material in the new work. So even without court, there are terms of service, etc. Site operators too can go the route of taking the risk of potential copyright infringement and trying to defend/extend Fair Use where it's almost reaching derived works, but if one wants to keep the service running and doesn't have deep pockets, it can be difficult.
mattwo (3 months ago)
mattwo
-1
@skreutzer I said they can remove the videos but they shouldn't without a DMCA claim.

How hard is that to comprehend?
Sudeurion (3 months ago)
Sudeurion
1
Your idea of the website is simple, take down all content unless EVERYTHING, every single asset is created by the user. Compared to VidLii before my moderation, where NO videos were taken down, I'd say it is an improvement. Remember, this is the guy who was going to sue VBF for using a clip of his video about the VidBit shutdown. I was just taking down content that was obviously not fair use, and keeping the other content on the website. It is not up to me what content is fair use or not, but a full OST without modification isn't fair use.
Show all 4 replies
mattwo (3 months ago)
mattwo
0
@Sudeurion Watch this, this is important https://www.youtube.com/watch?v=aP34upnDf1Q
mattwo (3 months ago)
mattwo
1
@Sudeurion Oh and I also said that I was on your side in this particular case only because you were just cleaning up the website... I still do not agree with this methodology mind.
Aaronshy (3 months ago)
Aaronshy
0
I defended Sudeurion. He even assured me my lets plays count under fair use which since I try to talk in the lets plays and set up my own stories....yeah technically that's fair use cause I'm not just doing the vid and adding nothing to it. My strong sense of justice has me angry Sudeurion got fired when he was only targeting people doing stuff technically illegal.
HighDragon (3 months ago)
HighDragon
-1
god all this copy write shit is bull shit
mattwo (3 months ago)
mattwo
0
Quick Addendum: In a comment I stumbled across but can't find anymore where @Sudeurion claimed an intent to protect videos he personally considered fair use, this puts the entire website at risk of a FBI takedown and a lawsuit.
YouTube only won their suit against Viacom by safe harbor because Viacom couldn't prove YouTube was aware of the infringement, this is also why Content ID was put into place, to try to avoid responsibility on the matter. Refusing a DMCA claim is proof that the people running the site were aware of the infringement. (see: Viacom International Inc. v. YouTube, Inc.).
Show all 6 replies
Sudeurion (3 months ago)
Sudeurion
1
@mattwo @skreutzer I'm aware. That is why I've added it to the conversation.
mattwo (3 months ago)
mattwo
0
@Sudeurion It's not codified there but it probably could be brought into existence if brought up in court as long as it's berne convention compatible.
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Date: May 15, 2018 Views: 133 Ratings: 12
Time: Comments: 8 Favorites: 1