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Caiden Cowger Falsely Flagged/DMCAed my Account

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Caiden Cowger Falsely Flagged/DMCAed my Account
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AyameTanPosts: 75Joined: Tue Mar 08, 2011 6:18 am Gender: Male

Post Caiden Cowger Falsely Flagged/DMCAed my Account

I was on YouTube under the username RaynorGo until recently. Caiden Cowger false flagged and lodged other complaints to get me removed.

I mirrored his piss-poor 2012 election predictions video, which led to his behaviour.

This was the email I received from YouTube.



It has been brought to our attention that activity in your account RaynorGo may violate YouTube's Terms of Service (http://www.youtube.com/t/terms). After review, we have determined your account is not in compliance with our Terms of Service and have terminated your account accordingly Please be aware that you are prohibited from accessing, possessing or creating any other YouTube accounts. For more information about account terminations and how our Community Guidelines are enforced, please visit our Help Center at https://support.google.com/youtube/bin/ ... 6&hl=en-US.


And this is Caiden`s YouTube account: http://www.youtube.com/user/CaidenCowgerShow

Any assistance restoring my account would be sincerely appreciated.
Mon Nov 19, 2012 6:13 am
Aught3ModeratorUser avatarPosts: 4290Joined: Fri Feb 27, 2009 3:36 amLocation: New Zealand Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

Sorry to hear about your troubles with YouTube. If you had permission to post this video then you should be able to file a DMCA counter notification and get your account restored. Make sure you really did have permission though, a counter notice is a serious legal document.
Wanderer, there is no path, the path is made by walking.
Mon Nov 19, 2012 7:25 pm
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AyameTanPosts: 75Joined: Tue Mar 08, 2011 6:18 am Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

Aught3 wrote:Sorry to hear about your troubles with YouTube. If you had permission to post this video then you should be able to file a DMCA counter notification and get your account restored. Make sure you really did have permission though, a counter notice is a serious legal document.


Thanks for the support. I didn't request permission. As far as I know, mirroring videos for the purposes of comments and criticism is protected under the US' Fair Use clause.
Tue Nov 20, 2012 3:39 pm
Master_Ghost_KnightContributorUser avatarPosts: 2630Joined: Sat Feb 21, 2009 11:57 pmLocation: Netherlands Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

AyameTan wrote:
Aught3 wrote:Sorry to hear about your troubles with YouTube. If you had permission to post this video then you should be able to file a DMCA counter notification and get your account restored. Make sure you really did have permission though, a counter notice is a serious legal document.


Thanks for the support. I didn't request permission. As far as I know, mirroring videos for the purposes of comments and criticism is protected under the US' Fair Use clause.

No, it isn't!
"I have an irrefutable argument for the existence of...." NO, STOP! You are already wrong!
Tue Nov 20, 2012 5:01 pm
InfernoContributorUser avatarPosts: 2298Joined: Thu Apr 30, 2009 7:36 pmLocation: Vienna, Austria Gender: Cake

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

Master_Ghost_Knight wrote:
AyameTan wrote:Thanks for the support. I didn't request permission. As far as I know, mirroring videos for the purposes of comments and criticism is protected under the US' Fair Use clause.

No, it isn't!


If it's reproduced as a whole, it's a violation. Have you mirrored it as a whole?

17 U.S.C. ,§ 107 wrote:Notwithstanding the provisions of sections 17 U.S.C. ,§ 106 and 17 U.S.C. ,§ 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
    the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    the nature of the copyrighted work;
    the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


The bold and red parts are the relevant ones. There is a fair use clause, but complete mirroring is (in red) not allowed.
"Sometimes people don't want to hear the truth because they don't want their illusions destroyed." ― Friedrich Nietzsche

"I shall achieve my objectives through the power... of Science!" --LessWrong
Tue Nov 20, 2012 6:43 pm
Master_Ghost_KnightContributorUser avatarPosts: 2630Joined: Sat Feb 21, 2009 11:57 pmLocation: Netherlands Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

Being that it is a mirror, the assumption is that it is in fact an integral copy.
Fair use on the acount of criticism does not apply because:
1. He copyed the entire video
2. There is no criticism

Had this video fallen under fair use you could essentially bootleg anything and everything as long as you would put a disclaimer saying "this copy is for the benefit of critics".

If you want to claim fair use while presenting some stupid shit you would like to rub into someones face:
1. don't mirror
2. cut the interesting parts
3. Criticise it

That should save you allot of trouble.
"I have an irrefutable argument for the existence of...." NO, STOP! You are already wrong!
Tue Nov 20, 2012 8:01 pm
Duvelthehobbit666User avatarPosts: 1136Joined: Sun Aug 08, 2010 7:39 pmLocation: On a pale blue dot Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

I thought there was something in the youtube guidelines which said that you could mirror any video on youtube as long as the video you mirror is still available on youtube. I think you do need to link the original video though.
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Wed Nov 21, 2012 12:48 am
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AyameTanPosts: 75Joined: Tue Mar 08, 2011 6:18 am Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

Thanks for clarifying, everyone. It seems I was in violation because I mirrored the entire video.

I will certainly be more cautious in the future.
Wed Nov 21, 2012 1:00 am
AyameTanPosts: 75Joined: Tue Mar 08, 2011 6:18 am Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

I found an interesting situation that parallels my own. This account mirrors numerous videos, the originals of which are no longer on YouTube, and yet it has not been flagged (for years).

http://www.youtube.com/user/AaronsBlackBox
Wed Nov 28, 2012 1:07 am
bluejatheistPosts: 525Joined: Sun Nov 27, 2011 7:28 pm Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

Pretty sure the person being mirrored without permission must be the one to flag. Perhaps that's why
Wed Nov 28, 2012 1:32 am
Master_Ghost_KnightContributorUser avatarPosts: 2630Joined: Sat Feb 21, 2009 11:57 pmLocation: Netherlands Gender: Male

Post Re: Caiden Cowger Falsely Flagged/DMCAed my Account

AyameTan wrote:I found an interesting situation that parallels my own. This account mirrors numerous videos, the originals of which are no longer on YouTube, and yet it has not been flagged (for years).

http://www.youtube.com/user/AaronsBlackBox

The fact that other chanels aren't gone is circumstancial. It maybe that no complain was forward. You can not use use the misusage of others to justify yours.
"I have an irrefutable argument for the existence of...." NO, STOP! You are already wrong!
Wed Nov 28, 2012 2:23 am
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