This afternoon I sent the following email to TVW President and CEO Greg Lane:
Subject: Bad Faith DMCA Takedown Notices
From: david@horsesass.org
Date: November 2, 2009 2:08:55 PM PST
To: greg@tvw.orgDear Mr. Lane,
I am writing in regard to the takedown notices TVW recently issued to YouTube and Vimeo regarding my video “Suzie Huckabee,” in the hope that we both can avoid any unnecessary legal expense.
Under the terms of the Digital Millennium Copyright Act (DMCA), copyright holders are required to make a good faith effort to consider Fair Use before issuing a takedown notice. Judging from your public statements and actions regarding a Dow Constantine ad which similarly makes use of TVW video, and for which TVW also issued a DMCA takedown notice to YouTube, it is apparent that TVW understands that use of your clips in this limited manner merely violate your policy, not your copyright. I do not doubt that you believe that Constantine and I are “hiding behind fair use,” but that acknowledgment in itself clearly suggests that your DMCA takedown notices were not issued in good faith.
As such I respectfully ask TVW to remedy the situation as follows:
1) Promptly communicate to YouTube and Vimeo that your DMCA takedown notices were issued in error, and formally request that the video in question be restored.
2) Promise, in writing, that TVW will refrain from issuing similar DMCA takedown notices in the future, without first making a good faith effort to consider Fair Use, as required by law.
3) Issue a formal apology for misusing the provisions of the DMCA in your efforts to enforce your own non-binding copyright policy.
If all three of these steps are fulfilled, I will accept the issue as closed. Otherwise, considering how TVW has repeatedly harassed me with bad faith DMCA takedown notices — and considering the dangerous precedent your routine abuse of the DMCA has set — I will regrettably have little choice but to seek redress through the courts, so that this issue may be settled once and for all… and well in advance of the next election season.
Sincerely,
David Goldstein
HorsesAss.org
“Politics as unusual.”
So there.
Sounds good. This was just the normal legal version of “shoot first and ask questions later”. Most asses like this just file and then try to figure out later if they have any actual legal standing. Good for you for calling them on their bullshit.
Jeez Goldy, beating a dead horse, no? And to take someone to court or sue require money to hire a lawyer and such. Being chronically unemployed still, how the hell do you figure to pay for this? Hollow “threat” at best. Thanks for the laugh! :)
Good for you. It’s BS to begin with.
I think it looks good, but I would have suggested for you to add a time frame for them to respond. Without it, it’ll always be a gray area as to when actual legal action is called for or even prudent.
Why not do what that guy from sound politics did, sue and get lots of money.
Very courageous move. I’m sure that many others would have just accepted the TVW takedown abuse.
That letter is the equivalent of William Wallace (as portrayed by Mel Gibson) wagging his bare butt at the English Army. This is what’s called “picking a fight.”
Hey Goldy, you forgot to demand that he commit seppuku too.
@2 Well dummy, here’s a couple of ways:
ACLU
Electronic Freedom Foundation
and I’m sure there’s others.
@4 1 hour is customary
Nice letter Goldy.
Good luck Goldy. Our First Amendment rights always require vigorous defense.
@9 Rodent:
Well gee, why don’t you offer your massive 30 year legal experience and expertise as courthouse janitor pro bono if you’re so concerned then?
geezus, what a crybaby….goldy, you obviously view yourself as far more important to local politics than what you really are.
The Horses Ass Legal defense fund. Where do we donate?
Net Neutrality will fix that eh Goldie?