Thursday, June 14, 2012

Bismark violated copyright.

Well the talk of the tubes today is a leaked skype conversation between Brett Keane and Jdubs. Not sure who recorded it or who leaked it nor do I care. What I do care about is clearing up an accusation made against me that I somehow flagged a user called Bismark.

Let me make this clear. I did no such thing. What did happen is that Bismark uploaded a video made by Brett Keane featuring his children. Brett asked me if I thought a DMCA was warranted. I saw the video and in my opinion it was. The audio was changed on the video, however the visual was 100 percent Brett's content. One of the tests of fair use is the amount and substantianability of the content in relation to the whole. In this case it was 100 percent.

Now Brett Keane is famous for abusing the DMCA to censor critics but recently he has been asking for my opinion. In most cases I tell him it is fair use and while the content is offensive there is nothing he can do about it. In this case however, Bismark clearly violated copyright and a DMCA was issued against him. This resulted in his channel being shut down.

While that is unfortunate, I don't have that much sympathy for someone who sinks so low as to involve a man's kids in a petty Youtube feud. When Brett Keane did it I raked him over the coals for it, when ItsTheSuperlfy did it with Jezuzfreek777 I did the same thing to him.

As far as Brett claiming that I went and flagged a bunch of videos for him, I think he is froot loops. If I were to flag videos, wouldn't I flag ones made about me?

It appears the saga never ends.

Update: Someone made new video on this subject and the only thing I can say is either this user is lying, or that he is ignorant of the facts. I of course, always have proof and facts on my side.

First off, I take issue with the term "authorize Brett Keane" to do anything. He contacted me, and asked my advice and I gave it to him. Brett Keane is his own person and is responsible for what he does.

Second this user is either lying or is ignorant of what the video Bismark actually put up. The video that Bismarket put up, that I reviewed and advised Brett to file a copyright claim on DID feature his kids. In fact the video is still in my YouTube history. Here is a screen shot.

Now what was in this video? Exactly what I said it was. The visual was 100% Brett's content. The audio was changed and in my opinion it was copyright infringement. In fact if you don't believe me you can see Bismarket and I discuss the video in question down below.

So if Bismarket agreed to take down the video, how did he get a DMCA for it? Simple, he got mad and decided to put it back up.

You can see the URL of the DMCAed video here

Now did Brett file DMCAs on other videos? Who knows. All I know is Bismarket violated copyright in this case and this is the video I advised Brett to take down. Bismarket originally agreed to take it down but he later decided to put it back up and it got a copyright strike. So I think this 10Phoenix01 needs to get his facts straight or perhaps actually talk to this Bismarket fellow because certainly Bismarket would know which videos were taken down.