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| [SOLVED] Ericsson slammed me with a Copyright Strike on a Teardown video, help!? |
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| EEVblog:
--- Quote from: magic on February 06, 2020, 07:25:02 am --- --- 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 ::) --- End quote --- And IIRC if you counternotice and they don't respond, you automatically win. |
| EEVblog:
--- Quote from: madsbarnkob on February 06, 2020, 09:24:50 am ---- Contact the senior legal group counselor directly, but I guess there is no leverage to gain there. --- End quote --- Wrong. I have threatened the legal council of a company (Lily Drones) before about a false Trademark claim citing all the legal references and case law to back it up. They backed down knowing full well they put in an illegal claim. |
| EEVblog:
--- Quote from: madsbarnkob on February 05, 2020, 09:36:11 pm ---I got the contact information on a senior group legal counselor at Ericsson, I will contact that person and talk in details about "Patents, Copyrights/Trademarks or Trade Secrets" that they base this on. From a viewpoint that there must be a mistake. I am not going offensive at first, that leads nowhere. --- End quote --- Please let us know how it goes. If you get no reply I'll do a video calling them out on it. Also, contact several of the Youtube lawyers, they do videos about this stuff. https://www.youtube.com/channel/UCzGiDDKdphJ0GFvEd82WfYQ https://www.youtube.com/channel/UCpa-Zb0ZcQjTCPP1Dx_1M8Q https://www.youtube.com/user/IanCorzine https://www.youtube.com/user/ljfrench009 And make sure you have a backup video uploaded somewhere else it can't be touched, like LBRY, so that people can watch it for reference. Every Youtuber should be auto backing up videos on LBRY and Bitchute at a minimum. |
| Kinkless Tetrode:
--- Quote from: madsbarnkob on February 05, 2020, 07:16:45 pm ---... They slammed a copyright strike on a teardown video of a RBS3202 Base station for cell towers, with a extremely vague reason: "This videoclip include detailed information of the product - Ericsson RBS3202 - which belong to an area where our company holds many IPR rights" I am in doubt would hold up in court, but I got little to no knowledge about that subject and I got no time or money to spend on a possible lawsuit. :-// 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. 2) Contact Ericsson directly, I got a contact email with the strike, but what should I write them? (Clearly they just wanted the video gone) 3) Counter-file the strike and that can possible lead to a court case, legal action etc. Which is such a serious step that there basically is no choice for a small youtube channel to go against a international company. ... --- End quote --- Of course, the best course of action is to pass this annoyance off to your lawyer. But since so very few of us have a lawyer available, if you wish to pursue the matter, the first thing to do is choice #2; contact Ericsson and ask them exactly what intellectual property is being infringed by your video. This is what your lawyer would do first anyway. Reply to them, by e-mail (and by registered post if you like, but e-mail is enough). Be courteous, but firm, and ask that Ericsson point out, specifically and in detail, what intellectual property rights are being infringed by your video. Emphasize that their claim, "This videoclip include detailed information of the product - Ericsson RBS3202 - which belong to an area where our company holds many IPR rights", is inherently vague and indeterminate and such claim cannot withstand any legal challenge under intellectual property law in the United States or in the European Union. See what they say, then you can make a move after that. There is too little information at this point and this is just speculation, but: Their claim can't be for patent infringement. A (US) patent is a grant of the right to exclude others from making, using, offering for sale, selling or importing the invention. So, unless your video does one or more of these things, there is no patent infringement. Their claim can't be for trademark infringement (in the US). You are not using the Ericsson trademark in your course of business, nor are you taking any actions that would lead, or confuse, others to believe that your video is associated with Ericsson in anyway. If you are not saying anything negative or slanderous about the product, then they cannot claim tarnishment of their mark. So, if your video does no such things, there is no trademark infringement. The US First-Sale Doctrine is not relevant since you, as the owner, are not reselling or distributing their product. This leaves copyright infringement as the most likely possibility. But it is unknown exactly what copyrighted material is allegedly being infringed. Are they claiming infringement of their manual?, schematics?, PCB board designs? It may be enough for them that an image of their schematic is shown in the video, but until you hear from Ericsson you just don't know. For US copyright infringement there would likely be, 17 U.S.C. § 107, the Fair Use Doctrine, available to you: https://www.copyright.gov/title17/92chap1.html#107 [...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.] While the Fair Use Doctrine exception to copyright infringement looks encouraging as a defense, there are four important factors that would need to be evaluated in your specific case. No conclusion can be drawn until you hear specifically what Ericsson is complaining about. Given the above, you may have greater or lesser rights and defenses if this matter were to be dealt with in the EU, so please keep that in mind. I wish you the best of luck in dealing with them. |
| EEVblog:
--- Quote from: EEVblog on February 06, 2020, 10:02:39 am --- --- Quote from: madsbarnkob on February 06, 2020, 09:24:50 am ---- Contact the senior legal group counselor directly, but I guess there is no leverage to gain there. --- End quote --- Wrong. I have threatened the legal council of a company (Lily Drones) before about a false Trademark claim citing all the legal references and case law to back it up. They backed down knowing full well they put in an illegal claim. --- End quote --- FYI, on this case, I shot and uploaded a video and threatened to release it (for starters) if they didn't remove their illegal claim. The claims was retracted within hours. |
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