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NervClaX



Joined: 07 Sep 2006
Posts: 41
Location: New Jersey
PostPosted: Thu May 02, 2019 7:06 pm Reply with quote
Has anyone at ANN or related to ANN (like Christophe MacDonald) recently filed a copyright claim or DMCA takedown notice against any YouTubers? (like Hero Hei) If so, why?

Also, why is Zac Bertschy pushing Marzgurl's legal GoFundMe on Twitter? She is the person who started the whole #KickVic hashtag.

Is ANN covering the whole #KickVic controversy as a neutral unbiased NEWS site, or are they ready to declare they've taken sides?

Also, has ANN received any communication from Vic's attorney Ty Beard? Will they be a party in the upcoming tortuous interference case? It would only be appropriate for ANN to disclose such a conflict of interest.
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Tempest
ANN Publisher & CEO


Joined: 29 Dec 2001
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PostPosted: Thu May 02, 2019 8:04 pm Reply with quote
Quote:
Has anyone at ANN or related to ANN (like Christophe MacDonald) recently filed a copyright claim or DMCA takedown notice against any YouTubers? (like Hero Hei) If so, why?

We recently filed a copyright complaint with YouTube against a video that reproduced all (or almost all) of a 75-minute ANNCast episode.

Quote:
Also, why is Zac Bertschy pushing Marzgurl's legal GoFundMe on Twitter? She is the person who started the whole #KickVic hashtag.
I can't comment on this. It's Zac's prerogative to support whatever side he wishes. To the best of my knowledged he has not been significantly involved in any of our news reporting on this issue as he is not involved in that department.

Quote:
Is ANN covering the whole #KickVic controversy as a neutral unbiased NEWS site, or are they ready to declare they've taken sides?
Again, I can't speak for individual journalists and editors; they are entitled to have their own opinions in the matter. ANN will continue to cover significant news about Vic Mignogna's lawsuit and related events. For the most part the social media and YouTube drama doesn't qualify as significant. We'll cover the news without bias.

Quote:
Also, has ANN received any communication from Vic's attorney Ty Beard? Will they be a party in the upcoming tortuous interference case? It would only be appropriate for ANN to disclose such a conflict of interest.
We have not been contacted by the lawfirm of Ty Beard.
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Hei-Yu-in-Tampa



Joined: 05 Sep 2017
Posts: 30
PostPosted: Fri May 03, 2019 9:36 am Reply with quote
Tempest wrote:
Quote:
Has anyone at ANN or related to ANN (like Christophe MacDonald) recently filed a copyright claim or DMCA takedown notice against any YouTubers? (like Hero Hei) If so, why?

We recently filed a copyright complaint with YouTube against a video that reproduced all (or almost all) of a 75-minute ANNCast episode.
Are you aware that incorrectly filing a DMCA leaves you open to liability - civil and criminal - should the party against whom the complaint is lodged demonstrate that your complaint was made in bad faith and that his use of the episode falls under "fair use" doctrine?

I'm not made of money so I would definitely make sure my position is iron-clad before moving on it. Were I to discover it isn't iron-clad after moving, I'd rescind/withdraw my protests - especially if the offended party is willing to let bygones be bygones.

But that's just me. You do you.
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Dessa



Joined: 14 Jul 2004
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PostPosted: Fri May 03, 2019 11:13 am Reply with quote
And your point? Copying something (or most of something) wholesale can't be argued with Fair Use. They have the right to protect their own work (ANNCast), and if someone is reposting it without permission or any transformation (required for Fair Use, which, btw, is not a "get out of jail free" card), it's a violation.
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Hei-Yu-in-Tampa



Joined: 05 Sep 2017
Posts: 30
PostPosted: Fri May 03, 2019 1:04 pm Reply with quote
Dessa wrote:
And your point? Copying something (or most of something) wholesale can't be argued with Fair Use
My point is that ANN has chosen poorly.

Even the US copyright office says, "courts have found use of an entire work to be fair under certain circumstances," for purposes "such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use." And that comes from the agency's website.

Interestingly, the strike was charged against someone who has excoriated ANN over their recent reporting on a current controversy within the anime fandom, namely, this personality says that ANN's coverage was made with reckless disregard for the truth. All of this might suggest that the claim wasn't made in good faith but as retaliation for negative coverage.

I suppose only ANN knows for sure. All I know is that I wouldn't want to be in a position to defend what clearly is on shaky ground - especially when the party I've launched my protest against has retained a lawyer whose reputation shows he's willing to become adversarial if he deems it necessary.

That's a hill I wouldn't die on.
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drscorpio



Joined: 15 May 2008
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PostPosted: Fri May 31, 2019 8:38 pm Reply with quote
Looks like ANN backs down. Im guessing it was a false DMCA strike.
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Tempest
ANN Publisher & CEO


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PostPosted: Sat Jun 01, 2019 5:05 pm Reply with quote
We never withdrew our claim, or "backed down." We sent in a DMCA takedown request, the video was taken down. Hero Hei's lawyer filed an incomplete(?) counter notice. YouTube's copyright center shows that the complaint was resolved when Hero Hei deleted the video. However the email from YouTube informs us that YouTube dismissed or complain because we didn't file legal action (which is true).

The infringing video is off YouTube, that's all we wanted.

Edit: I was wrong. YouTube did side with Hero Hei. I stand by our claim that the video was infringing (ie: not fair use), but as far as YouTube is concerned, Hero Hei did "win" the dispute. I've edited the above post to reflect this.


Last edited by Tempest on Sat Jun 01, 2019 8:33 pm; edited 2 times in total
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Jericho Knight



Joined: 01 Jun 2019
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PostPosted: Sat Jun 01, 2019 7:46 pm Reply with quote
Tempest wrote:

Our only goal was to remove the infringing video. It's removed. We're satisfied.


Then why did your official twitter go to his twitter to "dare" him to re upload it 4 days after he spoke about it. Not only that but YT rarely if ever sides with content creators if they're in the wrong.

You should check out the @quartering, he among many other content creators are willing to upload the video in it's original format.If he gets the vid and uploads, it will reach millions more than if just hei had done it. You kicking up a hornets nest.
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Psycho 101
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PostPosted: Sun Jun 02, 2019 1:02 am Reply with quote
And a post has been removed because using multiple accounts to post the same thing, and act as if it's separate accounts, is not going to fly. Neither will trying to link to conspiracy theorists/backseat internet lawyers . So let's just stop that. If you have a valid question or point to make then do so, but let's forgo the trollish "you gonna get it now" type posts and save that salty trash for twitter.
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DoctorScorpio



Joined: 18 Dec 2015
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PostPosted: Sun Jun 02, 2019 1:12 am Reply with quote
Psycho 101 wrote:
And a post has been removed because using multiple accounts to post the same thing, and act as if it's separate accounts, is not going to fly. Neither will trying to link to conspiracy theorists/backseat internet lawyers . So let's just stop that. If you have a valid question or point to make then do so, but let's forgo the trollish "you gonna get it now" type posts and save that salty trash for twitter.


I dont have any other accounts nor did I post a link. Care to back up your claims? Or is this one of those "delete things you dont like" situations (which is well within your right to do so).
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capt_bunny



Joined: 31 May 2015
Posts: 178
PostPosted: Sun Jun 02, 2019 3:46 am Reply with quote
Jericho Knight wrote:
Tempest wrote:

Our only goal was to remove the infringing video. It's removed. We're satisfied.


Then why did your official twitter go to his twitter to "dare" him to re upload it 4 days after he spoke about it. Not only that but YT rarely if ever sides with content creators if they're in the wrong.

You should check out the @quartering, he among many other content creators are willing to upload the video in it's original format.If he gets the vid and uploads, it will reach millions more than if just hei had done it. You kicking up a hornets nest.


Before I get the bashing comments that I am "living in a basement, hating the metoo movement" and calling me stupid (Yes, those comments are up which I am surprised that ANN left it there)...

I have to admit it is a little bad to do dare someone like that. I understand if the majority behind ANN support to be against Vic is fine. To say you stand by a statement is fine. However, I do think it's a little hypocritical that the majority of the mods and the staff here say not send any negative statements, do not do any actions if you disagree, and to be kind.

The wonderful thing about humans is that we can freely speak their mind and the freedom to what we believe. Even if it is wrong. That's why those who say to be kind must show the kindness back. I think it was better to say you simply disagree but to take down a video like that along with a dare? Hmm..... Its not exactly good in showing that.... I am not standing by anything with Vic.

I have stated that I only wish for justice to be made. I have said that I do not think Vic is fully innocent but neither is the other. That's why doing this along with those against Vic would have nothing to worry about if they are right. It's not looking too good (as the other said in the quote) if you do that. Both sides should freely say what they want in a respectful manner and actions.
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swoop_13-37



Joined: 02 Jun 2019
Posts: 4
PostPosted: Sun Jun 02, 2019 6:15 am Reply with quote
Tempest wrote:

Edit: I was wrong. YouTube did side with Hero Hei. I stand by our claim that the video was infringing (ie: not fair use), but as far as YouTube is concerned, Hero Hei did "win" the dispute. I've edited the above post to reflect this.


I don't know why, I would have to explain the principals of fair use to a journalist..... considering 80% to 90% of content produced by journalists is fair use. but here we go.... a reaction video is fair use... is the product you are producing transformative? are people going to your content to see the original work, or your spin and commentary on the work?.. have you ever included a clip, of let's say Joe Rogan in an article? or maybe a transcript from an interview which you didn't conduct? or a clip from a con? THATS ALL FAIR USE. and that's exactly what he did. he took the podcast and added commentary to it. sweet jesus. learn the law for fair use in america, prior filing false DMCA takedowns. please you're making yourself look ignorant and uninformed on such simple topic as fair use.
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Psycho 101
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PostPosted: Sun Jun 02, 2019 11:15 am Reply with quote
DoctorScorpio wrote:

I dont have any other accounts nor did I post a link. Care to back up your claims? Or is this one of those "delete things you dont like" situations (which is well within your right to do so).


For starters my post was in reference to 2 separate people, not just you. As for backing up my claim....Account names of DoctorScorpio & drscorpio, they share the same IP, and you tried posting with both in this thread to say virtually the same thing. Yea, you totally don't have 2 accounts. Rolling Eyes Nice try.
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Psycho 101
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PostPosted: Sun Jun 02, 2019 2:44 pm Reply with quote
And more posts are gone. As was said earlier if you have a valid question or point to make to Tempest then do so. The "you gonna get it now" type posts, backseat lawyering,and other trollish posts were to stop.

And for the record for the millionth time mods cannot ban accounts. Only admin can. Yes, mods can check user's IP's as it is a function allowed on this particular form of phpBB, and we do it here quite often. Once again, we can't ban anyone, or their IP, only place accounts on moderation. We check IP's regularly for suspect accounts and put plenty of alt accounts on moderation because so many just love to make multiple accounts to circumvent moderation, being banned, being rude to other users, or try and use burner accounts to spam/troll the threads. What you do or don't do on your own personal fan forums is your business. If you have an issue here then go right ahead and message Tempest or Zac directly. This topic however is done with, and not even the topic of this discussion.
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Hideki-Motosuwa



Joined: 16 Mar 2006
Posts: 102
PostPosted: Sun Jun 02, 2019 3:46 pm Reply with quote
After reading this whole thread, there's still a question that has yet to be answered that I'm pretty sure Tempest only has the answer to:

"Why did whomever made the post on twitter on the official ANN account dare Hero Hei to reupload the video 4 days after the DMCA takedown only to delete the comment.....knowing full well there are other individuals who will side with Hero Hei that will do it for him in order to get a reaction out of ANN?"

That's just poking the hornets nest through and through. Again, this is a valid question that I'm asking. I'm curious as to why whoever ran the official ANN twitter account posted provoked this.
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