[Rules, Quick Links, Contact Us]
Welcome Guest [Log In] [Register]





RS Forums, RS Clan Page, Play RS1, Play RS2, Play RS3
Like us on FaceBook
Live Gold Swaps on Twitch
Add an Event
Event Calendar
Deputy Discussion



Welcome to the National Guard of Runescape.

You must be registered to access the forums.

Username:   Password:
  • Pages:
  • 1
  • 3
2010/Apr/02 - YouTube's Kire667 counter-DMCA against E&S Productions Incorporated
Topic Started: Apr 2 2010, 02:37 PM (1,965 Views)
Posted Image Kire667
Member Avatar
Classic Veteran
We won and all of my former accounts have been restored. Good fight w70unit.
http://www.youtube.com/kire667
http://www.youtube.com/nationalguarodfrs
http://www.youtube.com/ngor36
http://www.youtube.com/ngor46

The following I believe also to be false claims given the current law.

Strike 1:
Rule 5: Operating a Server Fan-Chat Channel - (Kire667)
Video ID: http://www.youtube.com/watch?v=ORJWCs5_SQM
Removed due to a copyright claim by Jagex Ltd. on June 16, 2008

Strike 2:
RuneScape2 D&D Shooting Star Mining Clan, Chat of World 9: Catherby_9 - (Kire667)
Video ID: http://www.youtube.com/watch?v=7Bu-zMIDxHU
Removed due to a copyright claim by Jagex Limited on July 09, 2009

"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."

As such JaGeX can say NOTHING about videos when everyone is allowed to promote their games.


Below are my new accounts, though I've only set up 2 thus far. The ones shown in green I will most likely be working on for now.

kire667vids
catherby9vids
nationalguardgaming
worldfamouskire667
worldfamouscatherby9

Summary about E&S Productions Incorporated.
http://www.youtube.com/watch?v=V1GWLc62wnY


Just when I thought it was a nice April Fools' with the strange turn of events.. this happens.

A video from roughly 1-2 years ago had linked to all of my profiles and I was banned from YouTube for "copyright content".

If they knew how many people have videos of games they play that they do not own the copyrights to, the entire YouTube community apart from comedians would be banned. It isn't audio copyright because they just disable audio for those.

If anyone has knowledge of how you appeal a false ban for YouTube be sure to contact me on here. Until further notice I am starting a new account. Kind of pathetic how they disable my Google account (mfdclanrs@yahoo.com) and some how it false bans all of my video accounts regardless if only one has the supposed "offense" video uploaded to it.

Good fight YouTube. I always keep my videos on back up copy. I just know which 3 videos not to upload because JaGeX can make claims to any of my inbox/forum RuneScape videos, and a game nobody hardly played (Proyotype) can make false claims that images of their game are copyrighted.

Quote:
 
We have disabled the following material as a result of a third-party notification from E&S Productions Incorporated claiming that this material is infringing:

Prototype trailer #1: "Believe"
http://www.youtube.com/watch?v=LKRJrTHOkJ4

This is the third notification we have received alleging copyright infringement in one of your postings. Consequently, your account has been terminated.

If one of your postings has been misidentified as infringing, you may submit a counter-notification. Information about this process is in our Help Center.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was disabled due to mistake or misidentification may be liable for damages.

Sincerely,

— The YouTube Team



Check this out. It's not the first time this "E&S Productions" was used to falsely bet a video banned.
http://www.google.com/support/forum/p/youtube/thread?tid=6d4873c7bf7d5a9b&hl=en

Quote:
 
"E&S Productions" apparently has a problem with my video. From all I can find they are a roofing company!

My video consisted of me talking on tape, then credits with my friend talking over the credits. No music, no other videos, and as far as I;m concerned, I am not under copyright.

My question is:

1. Who is E&S Productions?
2. Does youtube even check to see if the copyright claims are viable?
3. Would it be worth it to dispute this or can I just re-upload the video? Editing it slightly?
4. Any idea what would be copywritten?



Further searching I've considered to make a counter-DMCA claim and get back my account. I have yet to do so. Will sleep on it and ponder if it's worth it or if I should start over since I have every video in the first place on back up copy.

Quote:
 
How do I file a DMCA counter-notification?

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of a DMCA counter-notification

A counter-notification must include the following specific elements:

1. Identification of the specific URLs of material that YouTube has removed or to which YouTube has disabled access.
2. Your full name, address, telephone number, and email address, and the username of your YouTube account.
3. The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant."
4. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. Signature. A scanned physical signature or a valid electronic signature will be accepted.

A sample counter-notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf.
Submission

We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.

Our preferred method of counter-notification submission is via our online form. Please see here.

If you have difficulty with the form, please see alternative instructions here.
What happens next?

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on YouTube. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
How do I file an International* counter-notification?

To file a counter-notification with us, you must provide a written communication that sets forth the items specified below. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.

*If you have questions about the originating locale of the complaint against your video, please email copyright@youtube.com
Elements of an International* counter-notification

A counter-notification must include the following specific elements:

1. Identification of the specific URLs of material that YouTube has removed or to which YouTube has disabled access.
2. Your full name, address, telephone number, email address and the username of your YouTube account.
3. The statement "I will accept service of process from the person who provided YouTube with the original copyright complaint or an authorised agent of such person."
4. The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. Signature. A scanned physical signature or a valid electronic signature will be accepted.

Submission

We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.

Our preferred method of counter-notification submission is via our online form. Please see here.

If you have difficulty with the form, please see alternative instructions here.
What happens next?

After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant. We may then reinstate the material in question at our discretion.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THESE MATERIALS FOR INFORMATIONAL PURPOSES ONLY.

updated 3/26/2010
Edited by Kire667, Apr 6 2010, 04:38 AM.
Posted Image

"When I came into the game they didn't do nothing but doubt me.
Now the whole game's changed and it ain't nothing without me.
"


About Me
Offline Profile Top
 
Posted Image Simon
Member Avatar
Lv 69
Wow... Sad False Bannes :(
Offline Profile Top
 
Posted Image Veiled Black
Member Avatar
NGoR Elder
That's really weird, I looked up E & S and they have nothing to do with prototype nor so far as I can see any games. Looking them up leads you to a number of possible "E & S" sites but, nothing that could possibly have been infringing in terms of you video material. There was a video/audio company called "S & E" but that was all I could find.

Just in case, what was the music?
Edited by Veiled Black, Apr 2 2010, 07:07 PM.
Posted Image

Current RSN: Winterheir
"In order to transcend violence you must first understand it"
Offline Profile Top
 
Posted Image Johnathanstein
Member Avatar
Lv 40
Aw this sucks donkeys ! :(
I hatee the way when you upload a vid they disable the song :(
Posted Image
Offline Profile Top
 
Posted Image Jake
Member Avatar
NGoR Elder
Owned
Posted ImagePosted ImagePosted Image
Posted ImagePosted Image
Posted Image
Offline Profile Top
 
Posted Image Bobbydown
Member Avatar
NGoR Elder
The internet hates you Erik.
Posted Image
The defect of equality is that we only desire it with our superiors

Guild Wars 2 = Inactive
World Of Warcraft = Inactive
Runescape = Inactive
ArcheAge = Inactive
Tera = Inactive

Posted Image Bobbydown - PM
Offline Profile Top
 
Posted Image Kire667
Member Avatar
Classic Veteran
Yes. The internet does. I've been banned (and un banned) from Yoville, RuneScape, and working on the unbans for YouTube as we speak.

Just for the record I've learned a valuable lesson from all this. EVERY website permits those whom hate you to post false reports and have them auto-accepted (YoVille for reporting Rick Rolls, RuneScape for reporting help sites, and YouTube for reporting videogames that people don't own but claim they do).

When I get back my accounts I am removing EVERYTHING from them. I will only upload RuneScape videos and of course EVERY video I shall immediately set auto-swap with one of the annoying songs by YouTube that posts advertisement on the side to lag the video processing time. Would be worth it to avoid further false bans.

Shini: I've checked it out, even had my friend search around while I was working today. And he found A LOT of false claims to ban videos under the name "E&S Productions Incorporated".

I saved the inbox claim JaGeX sent me. And I will produce a new video under a new name to announce my return. My rebirth into retardation because I am going RIGHT back in full force starting to post hate on the pages of all the w70unit members (even EliShot) to let them know I'm here to stay no matter what kind of false DMCA claims they make against me.

All of my new videos will have no copyright material in them what so ever just so I know my videos are covered. I will also be working on becoming a YouTube partner once I get back my account Kire667 and delete every last video from it. Starting to turn over a new leaf and only make commentary videos involving me and no games.

ALSO I've already registered more accounts to replace the 4 I've lost under a single linked e-mail "mfdclanrs@yahoo.com". So now I know they can only ban one e-mail address from Google when they block you off YouTube. If I make a new Yahoo e-mail and only link one e-mail per YouTube account it can only block one such name IF and WHEN a copyright is located.

You'd think YouTube would have brains enough to see how many viewers I bring on their website per day to just remove the video and write it off as a warning. Searching "Kire667" on YouTube use to bring up over 500 videos from all 4 of my accounts. Not it has no search results and only asks "did you mean kire 667?" Pathetic.. just like that time JaGeX removed all trace of "Kire667" on the high score page.

Below are my new accounts, though I've only set up 2 thus far. The ones shown in green I will most likely be working on for now.

kire667vids
catherby9vids
nationalguardgaming
worldfamouskire667
worldfamouscatherby9

Easy enough to bring back my subscribers to 600 and friends to 1000 since I got the first 4 years of YouTube out of the way to actually get known. Once "Kire667" and "catherby_9" are listed with new vids on that website it will be an instant search for the early videos to get quite the view count. ;)

But I shall definitely be giving more fame to those whom deserve it. Along with members of this website, I shall be attempting to be more like RayWilliamJohnson (I <3 =3) with weekly vids centered around what the viewers want and ask for. I will probably keep true to my earned recognition as "most hated" by offering the Tuesday Trolling. I'll explain my idea later on the vids, but basically I will offer users the ability to leave a comment of the name they wish for me to troll. If I agree with their reason why this person should be hated on, I will produce a video making reference to that user's vids. If I disagree, then I shall produce a video targeting the person whom made the request. So it's not really a win/win situation for people risking to have their opinions supported of whom they hate. But it does make for a fun video night each and every Tuesday. Running a risk if I see reason to post hate on somebody (lovingly of course.. nothing in my videos are ever serious unless I say I'm serious).

Feedback on this idea? I've found from MANY videos that if you post opinions against something, it seems to stir up a bit more attention for your cause than if you are supporting something. But that's just my opinion after all.
Posted Image

"When I came into the game they didn't do nothing but doubt me.
Now the whole game's changed and it ain't nothing without me.
"


About Me
Offline Profile Top
 
Posted Image Mitch
Member Avatar
NGoR Elder
Unlucky lol
Posted Image
Offline Profile Top
 
Deleted User
Deleted User

lol them hate vids against people who suggest it will cause chaos *sigh* your hopless
Top
 
Posted Image inmihans
Lv 15
ha ha erik i love ray williams johnson's =3, he's a genius, and yeah them bans are "fake and _ _ _" (:
Posted Image
Offline Profile Top
 
1 user reading this topic (1 Guest and 0 Anonymous)
Go to Next Page
« Previous Topic · Community News · Next Topic »
  • Pages:
  • 1
  • 3


National Guard of Gaming, National Guard of Runescape, Clan MF-D and all logos are trademarks of Webtronix Design, ©1998. All Rights Reserved. View our ToS for more details. Runescape™ is a trademark of JaGeX Ltd ©1999. Andrew Gower and Jagex, Ltd. Forum banners by Bobbydown. Forum design by Ackerben. Team Speak by Gaming Heavens.