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…

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Comments on “Double Bogus DMCA Takedown All The Way!”

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68 Comments
Manabi (profile) says:

Re: 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.

Anonymous Coward says:

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.””

Anonymous Coward says:

Re: 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.

Ben in TX (profile) says:

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?

Jeff brown (user link) says:

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.

Anonymous Coward says:

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.

Anonymous Coward says:

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?

Lawrence D'Oliveiro says:

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.

Anonymous Coward says:

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.

wvhillbilly (profile) says:

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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