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Copyright

by Mike Masnick

Wed, Sep 7th 2011 12:00pm




Filed Under:
copyright, dmca, double rainbow, fair use, hungrybear9562, paul vasquez, youtube


Double Bogus DMCA Takedown All The Way!

from the what-does-it-mean? dept

HappyCabbie alerts us to the news that "Hungrybear9562," whose real name is Paul Vasquez, but is much better known as the "Double Rainbow Guy" for his viral video hit "Double Rainbow" (perhaps one of the most viral videos ever), has gone on a fascinatingly ignorant DMCA takedown binge, using some questionable theories. Basically, he's decided that if there's a video he doesn't like, he can take it down. He put up his own bizarre video in which he explains his views on the DMCA:
It's one of those cases where a little knowledge can be a dangerous thing. He admits that he doesn't quite understand the DMCA, but he feels 100% sure that he must be using it properly. His response to claims of "fair use" are to bizarrely cite (incorrectly) the YouTube/Viacom case, which he claims was about "a music company" suing YouTube for $1 billion, and because of that no YouTube videos can use music any more. And towards the end of the video, he responds to those claiming that his takedowns were illegal because they didn't consider fair use by saying, "you know what, if it is illegal, I'm going to change the law."

Throughout the video he makes it clear that his main concern is that he "doesn't like" these videos, which apparently are somewhat mean and make fun of him, but copyright is not made for censoring speech you don't like. Amazingly, Vasquez even seems to be issuing DMCA takedowns on videos that try to explain this to him, including one from HappyCabbie which tries to explain the Streisand Effect to Vasquez:
Oh, and did we mention that Vasquez seems to have no problem using clips from others in his own videos?

Now some may claim this is just a case of a fairly ignorant guy abusing the DMCA, but that's what happens when you provide such a tool for easy censorship. It gets abused by people to censor speech. What does it mean? It means that we have a double free speech problem all the way...

68 Comments | Leave a Comment

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  •  
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    william (profile), Sep 7th, 2011 @ 11:16am

    so... no one has tried to DMCA him and let him feel what it's like to have bogus take down filed against him for no apparent reason?

    lol, i just used DMCA as a verb. :)

     

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  •  
    icon
    Dark Helmet (profile), Sep 7th, 2011 @ 12:00pm

    Question:

    When did the infamous Sasquatch learn to formulate words and statements, albeit w/o much logic, and what implications does this have on our National Security?

    This is what happens with a Democrat in office. The Yetis take over the intertubes. I'm getting a gun....

     

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  •  
    identicon
    Anonymous Coward, Sep 7th, 2011 @ 12:09pm

    I want to know how he will remove videos from Youku :p

    http://www.soku.com/search_video?searchdomain=http%3A%2F%2Fwww.soku.com&searchType=video&a mp;q=double+rainbow

     

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    identicon
    Anonymous Poster, Sep 7th, 2011 @ 12:24pm

    Hey look: the rare Double Dumbass.

     

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    Chronno S. Trigger (profile), Sep 7th, 2011 @ 12:27pm

    Willful ignorance

    He admits that he doesn't fully understand the DMCA takedowns, and then he DMCAs the videos trying to explain it to him.

     

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  •  
    identicon
    Anonymous Coward, Sep 7th, 2011 @ 12:35pm

    The only easy tool of censorship is hosting companies who don't check first, but act first without considering the source.

    Why nobody has sued him yet is beyond me.

     

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    •  
      identicon
      Anonymous Coward, Sep 7th, 2011 @ 12:44pm

      Re:

      We are in a recession still, people are broke.

       

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    •  
      icon
      Josh in CharlotteNC (profile), Sep 7th, 2011 @ 1:46pm

      Re:

      The only easy tool of censorship is hosting companies who don't check first, but act first without considering the source.

      It's hard to blame hosting companies. It's the law that's the problem.

       

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  •  
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    Beta (profile), Sep 7th, 2011 @ 12:37pm

    untended consasquatches

    See what happens when people can no longer get affordable medication from Canada?

     

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  •  
    identicon
    Anonymous Coward, Sep 7th, 2011 @ 12:37pm

    The thing is, he has no money and he is not that bright, I wonder what will happen when he discovers that those videos can come up if people just file a DMCA counter-notice.

     

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    •  
      icon
      Manabi (profile), Sep 8th, 2011 @ 1:59am

      Re:

      He'll probably send another one, thus opening himself up to a lawsuit. And given how much attention he's getting now, he's bound to hit some lawyer out there (if nothing else I'm betting he'll accidentally double-DMCA some lawyer who posts a video trying to explain why what he's doing is illegal). After that... well, I hope he gets sued into oblivion, probably the only way he'll learn anything sadly.

       

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  •  
    identicon
    Anonymous Coward, Sep 7th, 2011 @ 12:39pm

    Double dmca all the way, what does it mean?

    It's starting to look like a triple DMCA.

     

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    Blaine (profile), Sep 7th, 2011 @ 12:39pm

    Who owns the copyright?

    At 5:31 he admits that he's not responsible for the video. "It was god speaking through me."

    So... I guess god owns the copyright?

     

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  •  
    identicon
    Anonymous Coward, Sep 7th, 2011 @ 12:42pm

    Thanks Mike!

    Thank you for the last two lines. Made my day.

     

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    crade (profile), Sep 7th, 2011 @ 12:45pm

    Have they autotuned that sob story video yet? :)

     

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  •  
    identicon
    Anonymous Coward, Sep 7th, 2011 @ 12:46pm

    Piracy pays.

    http://chillingeffects.org/weather.cgi?WeatherID=642

    "Abstract: The New York Times today (page B1) is reporting that "more than one-third of the two billion views of YouTube videos with ads each week are ... uploaded without the copyright owner's permission but left up by the owner's choice." The content owners are choosing to not request that the posted material be taken down because YouTube splits the ad revenue with them. The Times notes that "[h]undreds of these [content] partners make more than $100,000 per year.""

     

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    crade (profile), Sep 7th, 2011 @ 12:46pm

    Have they autotuned that sob story video yet? :)

     

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  •  
    icon
    E. Zachary Knight (profile), Sep 7th, 2011 @ 12:50pm

    Crap! We can't use music on Youtube anymore. That sucks.

     

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  •  
    identicon
    Anonymous Coward, Sep 7th, 2011 @ 12:58pm

    What this clearly shows is a need for a gatekeeper to process as DMCA take down notices so the riff raff doesn't destroy our culture. Does anyone know if the MPAA or RIAA have a suggestion hotline?

     

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    •  
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      crade (profile), Sep 7th, 2011 @ 1:08pm

      Re:

      You are thinking too shortterm. What happens when new technology comes around that makes these gatekeepers unneccessary and they lobby with all the power their massive corruption can buy to make terrible laws that will makes the legal system a circus and wreck peoples lives for no reason?

       

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    •  
      identicon
      Anonymous Coward, Sep 7th, 2011 @ 6:59pm

      Gatekeeper

      Easy. Charge$5.00 US for every takedown notice, held in 'escrow'. If the 'plaintiff doesn't get challenged, they get the $5 back, else, it goes to the respondent. The plaintiff now has an economic decision to make. Is this worth the $5.00 and ensuing costs?

      Hmmm.

      Maybe it should be $500.00 US.

      Or maybe a better way would be to just shorten copyright and patents to 14 years, and then make them Public Domain.

       

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  •  
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    Miff (profile), Sep 7th, 2011 @ 1:05pm

    I should go ahead and DMCA him.

    It's not like I'd get fines or jailtime for it.

     

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  •  
    identicon
    out_of_the_blue, Sep 7th, 2011 @ 1:06pm

    IS "just a case of a fairly ignorant guy abusing the DMCA".

    Affects at worst speech about his products. No big deal, no wider implications.

    So why write it up? -- Fills space and doesn't exceed the grasp of Mike's fanboy base.

     

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    •  
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      crade (profile), Sep 7th, 2011 @ 1:21pm

      Re: IS "just a case of a fairly ignorant guy abusing the DMCA".

      No wider implications? The wider implications are even much simpler than usual: More ignorant guys could do the same/it's stupid to give ignorant people power over my speech.

       

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      •  
        identicon
        Anonymous Coward, Sep 7th, 2011 @ 1:34pm

        Re: Re: IS "just a case of a fairly ignorant guy abusing the DMCA".

        it's illegal to give anyone power over my speech.

        fixed.

         

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    •  
      identicon
      Anonymous Coward, Sep 7th, 2011 @ 2:20pm

      Re: IS "just a case of a fairly ignorant guy abusing the DMCA".

      Boy you best be trollin'. If he can get away with this, what's to stop others from doing the same?

      And even if it's just for his products, why do you find it acceptable for him to censor critics?

       

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    •  
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      bjupton (profile), Sep 7th, 2011 @ 2:23pm

      Re: IS "just a case of a fairly ignorant guy abusing the DMCA".

      serious question. why are you here?

      I assume you are a paid shill, but there's a good chance that you do this for fun.

      Why is it fun for you?

       

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      Ben in TX (profile), Sep 7th, 2011 @ 11:45pm

      Re: IS "just a case of a fairly ignorant guy abusing the DMCA".

      Spoken like someone totally ignorant of history, unintended consequences, and precedent.

      Allowing any censorship of speech, especially just because someone 'doesn't like it,' inevitably leads to censorship of more speech which in all likelihood affect many others.

      It's the principle behind it, and you and he are both WRONG.

      How much did you earn for posting that comment?

       

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  •  
    identicon
    Anonymous Coward, Sep 7th, 2011 @ 2:05pm

    That crap he smokes is good, but it is attracting flies.
    I wonder if there is no cow dung in it.

     

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  •  
    identicon
    Jeff brown, Sep 7th, 2011 @ 2:16pm

    DMCA offers counter notification - use it.

    This person obviously does not have a very sophisticated understanding of copyright or fair use or DMCA...

    Is he abusing it... probably.

    but file the counter notification, get the content re-enabled and start the clock..

    He has a limited amount of time to file his suit and something tells me he is not likely to do so.

    DMCA, when used properly is powerful for both sides.

     

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    identicon
    Anonymous Coward, Sep 7th, 2011 @ 2:38pm

    Slash Unblocker. Problem solved.

     

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    identicon
    Anonymous Coward, Sep 7th, 2011 @ 2:54pm

    What I gather from this video is the portrayal of a selfish oblivious halfwit who has somehow managed to parlay the tiny bit of empowerment that DMCA policy has granted him into a fully-blown sense of glorious destiny complete with a holy crusade, historical commendation, and recognition from the highest legal authority in the land. This is sadly typical of such an idiot, driven far more by impulse than intelligence, blowing things out of proportion, succumbing to egocentric delusions of grandeur, adopting arbitrary inconsistent oversimplified standards of right and wrong. Yet again, religion and ignorance share the same residence, side-by-side. How can it be helped?

    Oh and in response to several stupid partisan comments: Guess what you clowns, both major political parties are just wings on the same corporate vulture, circling high overhead its witless quarry. If you, as an ordinary citizen, are actually dumb enough to believe that either the Democrats or Republicans are "on your side", then you're a born dupe. The incumbent two-party system only creates an illusion of choice. Both parties answer to big money, not the voting masses (as the DMCA itself ought to make evident). Elections provide the illusion of control, wealth secures actual control. Most Americans have been outwitted and pitted against their own best interests without even knowing it. Now go sing the national anthem, suckers.

     

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      Tom Landry (profile), Sep 7th, 2011 @ 4:32pm

      Re:

      "both major political parties are just wings on the same corporate vulture"

      I like Jim Goads description better:

      "...they are mere flippers on the same thalidomide baby..."

       

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      identicon
      Hornblower-fan, Sep 8th, 2011 @ 5:43pm

      Response to: Anonymous Coward on Sep 7th, 2011 @ 2:54pm

      I commend you on your perspicacity, Sir.

       

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    identicon
    Anonymous Coward, Sep 7th, 2011 @ 3:19pm

    I now have the urge to starting issuing random copyright violation claims on youtube for no reason.

     

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    identicon
    Anonymous Coward, Sep 7th, 2011 @ 3:28pm

    I saw an ad....

    *shrug*

    at 5:40, someone pointed out "Notice no ads?". I had to X out of the google ad right at the beginning (the one at the bottom of the screen that pops up).

     

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    That Anonymous Coward (profile), Sep 7th, 2011 @ 3:35pm

    And this children answers a very important question...

    If a hippy gets stoned in the forest and posts it on Youtube, no you should not care.

     

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    identicon
    Anonymous Coward, Sep 7th, 2011 @ 5:08pm

    This guy is tempting fate with these fraudulent DMCAs. There's enough internet tough guys to DMCA his account back to the stone age ,especially if 4Chan gets a hold of this.

     

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    identicon
    Anonymous Coward, Sep 7th, 2011 @ 5:08pm

    simply pitiful...

    Masnick searches out an example of an opposing view presented by an obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid and proceeds to shred his rambling discourse. You must be very proud Mike, being able to dispatch such a formidable opponent like that. What next, you going to pick a fistfight with a guy in a wheelchair?

     

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      identicon
      Anonymous Coward, Sep 7th, 2011 @ 6:13pm

      Re: simply pitiful...

      Wouldn't a footfight make more sense?

       

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        identicon
        Vulpis, Sep 8th, 2011 @ 8:44pm

        Re: Re: simply pitiful...

        Really..some wheelchair-bound people (especially those who use old-school manual chairs rather than the powered ones) have *serious* upper-body strength. Pick a fistfight with one, and you will *lose*.

         

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      BeeAitch (profile), Sep 7th, 2011 @ 6:30pm

      Re: simply pitiful...

      "...obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid..."

      Yep, just your ordinary, run-of-the-mill copyright maximalist shilltard.

      Did you do the description from memory, or did you cheat and look in the mirror first?

       

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      identicon
      Lawrence D'Oliveiro, Sep 7th, 2011 @ 7:42pm

      Re: Masnick searches out an example of an opposing view presented by an obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid and proceeds to shred his rambling discourse. You must be very proud Mike, being able to dispatch such a formidab

      Fine. Go find us a copyright maximalist who isn’t obviously slow-witted and possibly mentally ill and rambling.

      We’ll wait.

       

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        identicon
        Anonymous Coward, Sep 8th, 2011 @ 6:47am

        Re: Re: Masnick searches out an example of an opposing view presented by an obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid and proceeds to shred his rambling discourse. You must be very proud Mike, being able to dispatch such a form

        Please. Masnick (and you as well) get punked all of the time by knowledgable people on this site. Any time you're ready Larry.

         

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        identicon
        Lawrence D'Oliveiro, Sep 8th, 2011 @ 8:15pm

        Re: Masnick searches out an example of an opposing view presented by an obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid and proceeds to shred his rambling discourse. You must be very proud Mike, being able to dispatch such a formidab

        Still waiting

         

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    Jesse (profile), Sep 7th, 2011 @ 7:50pm

    Vasquez simultaneously demonstrates that copyright law and the war on drugs are deeply flawed and broken.

     

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    wvhillbilly (profile), Sep 7th, 2011 @ 8:59pm

    Unwarranted takedowns

    Maybe I'm playing devil's advocate, but it seems throughout his video his complaint was other people using his comment without his permission. If this is the case, it seems to me he is within his rights to have them taken down.

    Now if he is taking down other people's videos just because he doesn't like them, and they are not using any of his content. then that's a whole 'nother matter. Then he *is* violating the law.

     

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