| General > General Technical Chat |
| [SOLVED] Ericsson slammed me with a Copyright Strike on a Teardown video, help!? |
| << < (6/35) > >> |
| SilverSolder:
--- Quote from: EEVblog on February 06, 2020, 01:15:26 am --- --- Quote from: tooki on February 06, 2020, 12:49:23 am ---Just to be clear, there is no copyright infringement here anyway. Copyright, trademarks, and patents are different things, and the only one they are even actually sorta claiming ("detailed product information") would fall under patent protection. --- End quote --- This is correct, and the Erricson lawyers will know this. You are being strong armed by a bunch of bullies acting illegally, tell them to F off. --- End quote --- How do you tell them to F off, though. The whole system is stacked against you. |
| EEVblog:
--- Quote from: SilverSolder on February 06, 2020, 01:56:53 am --- --- Quote from: EEVblog on February 06, 2020, 01:15:26 am --- --- Quote from: tooki on February 06, 2020, 12:49:23 am ---Just to be clear, there is no copyright infringement here anyway. Copyright, trademarks, and patents are different things, and the only one they are even actually sorta claiming ("detailed product information") would fall under patent protection. --- End quote --- This is correct, and the Erricson lawyers will know this. You are being strong armed by a bunch of bullies acting illegally, tell them to F off. --- End quote --- How do you tell them to F off, though. The whole system is stacked against you. --- End quote --- Start with making a public video for his 4k subscribers. |
| chickenHeadKnob:
It is an absolute standard tactic for lawyers to intentionally conflate copywrite with patent law. They are lying. For those that haven’t read it before, Richard Stallman's article contain clearly written and composed thoughts on this.: https://www.gnu.org/philosophy/not-ipr.en.html From the article. In practice, nearly all general statements you encounter that are formulated using “intellectual property” will be false. For instance, you'll see claims that “its” purpose is to “promote innovation”, but that only fits patent law and perhaps plant variety monopolies. Copyright law is not concerned with innovation; a pop song or novel is copyrighted even if there is nothing innovative about it. Trademark law is not concerned with innovation; if I start a tea store and call it “rms tea”, that would be a solid trademark even if I sell the same teas in the same way as everyone else. Trade secret law is not concerned with innovation, except tangentially; my list of tea customers would be a trade secret with nothing to do with innovation. |
| magic:
--- Quote from: SilverSolder on February 05, 2020, 11:40:31 pm ---This is really a problem of a few semi-monopolistic companies (Youtube, eBay, Amazon and the like) sitting on so much of communications and actual trade/distribution... that they have ended up with disproportionate power to ban legitimate activity for arbitrary/abusive reasons, and there doesn't seem to be any reasonable recourse for ordinary citizens / small business people. --- End quote --- DMCA is not a whim of YouTube. Every website operating in the US would take it down. There we go, this is the garbage you are dealing with: https://www.dmca.com/faq/What-is-a-DMCA-Counter-Notice I'm under impression that the video will stay down even if you submit a "counter notice" and then Ericsson demonstrates within 10 days that they are suing you to take it down, regardless of whether the lawsuit has any merit or ever comes to any conclusion. Welcome to America, I guess ::) About your only chance of winning this is to gather a mob with torches and pitchforks and some lawyers before filing the counter notice or "kindly" asking Ericsson to reconsider their claim. Or be ready to threaten them with your own suit for abuse. Maybe EFF would care? |
| madsbarnkob:
Thank you all for the references and definitions of the various subjects. Things I could try - Make a video about the claim to give Ericsson the publicity they are asking for. - Contact EFF with all the details and ask for advice. Best would be a legally correct written statement to use in a counterfile - Contact Ericsson CEO, far shot, but straight to the top. He describes himself as "engineer by heart" on linkedin. - Report a compliance concern through Ericssons own channel ("Other persons than employees, such as suppliers, customers and other partners involved with Ericsson, may report suspected violations of laws or the Code of Business Ethics to the local operations manager or in accordance with locally established procedure.") - Contact the senior legal group counselor directly, but I guess there is no leverage to gain there. --- Quote from: langwadt on February 06, 2020, 12:44:32 am --- --- Quote from: madsbarnkob on February 05, 2020, 11:10:42 pm --- --- Quote from: Bud on February 05, 2020, 10:37:32 pm ---Big deal ! Just remove the video and go on with your life. What is so special in it that may worth a fight. --- End quote --- It is removed, as well as other Ericsson videos. I did not want to risk channel closure just for that, there is nothing special about those videos. It is their wild, vague and broad claim that made me ask. --- Quote from: magic on February 05, 2020, 10:45:08 pm ---I suppose you could also ask YouTube to consider if this notice is even formally valid without any kind of specific claim of what's wrong with your video, though I'm not sure if DMCA cares about such things. --- End quote --- There is no way to contact youtube, other than filing counter claim, which opens the whole legal, court, lawyers and fee package that they threaten with. --- End quote --- isn't it a simple as telling Youtube you don't believe it is violating copyright and why, e.g. fair use and the the claimant has a short period to convince Youtube they are actually serious about it? --- End quote --- There is no way to contact youtube in these matters, except filing a counterclaim. There is no support on legal matters and you are left on your own against the claimant. I found a way to submit a ticket about copyright claims on videos, its just burried deep down into their support/help section and is no easy find. I tried that as well. --- Quote from: EEVblog on February 06, 2020, 01:10:34 am --- --- Quote from: madsbarnkob on February 05, 2020, 07:16:45 pm ---There is only three things I can do: 1) Accept the strike and remove all Ericsson content in fear of getting youtube channel closed forever. --- End quote --- Your channel cannot be shut down for Copyright claims. There is no mechanism in Youtube to do that, Copyright claims are not community guidelines strikes against your channel. --- End quote --- Copyright strikes may affect your ability to monetize. In addition, if your live stream is removed for copyright, your access to live streaming will be restricted for 90 days. If you get 3 copyright strikes: Your account, along with any associated channels, is subject to termination. All the videos uploaded to your account will be removed. You can't create new channels. |
| Navigation |
| Message Index |
| Next page |
| Previous page |