| General > General Technical Chat |
| [SOLVED] Ericsson slammed me with a Copyright Strike on a Teardown video, help!? |
| << < (8/35) > >> |
| magic:
--- Quote from: EEVblog on February 06, 2020, 09:54:18 am ---And IIRC if you counternotice and they don't respond, you automatically win. --- End quote --- That's my impression too, but you don't know how crazy/dumb/stubborn their lawyers are. Filing a counter notice right away is the "war" option which has a potential to drag on for years, so IMO better have the pitchforks and lawyers prepared if you want to go there. I would like to have at least an assessment from a competent lawyer knowledgeable in the theory and actual practice of copyright lawsuits in electronics about what exactly Ericsson might attempt to do and what their chances are. Also how much retaliation you can get if they lose, which might be useful in motivating them to retreat. |
| tooki:
--- 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 ::) 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? --- End quote --- The issue, as I see it, is that there is per se no copyright violation, since copyright is about the right to make copies of a copyrighted work. Creating your own documentation about an object does not violate copyright, since you're not copying a copyrighted work, but creating a new one. It's not a patent infringement, since you're not making an unauthorized copy of the object itself. And it's not a trademark violation, nor is it a trade secret violation, since you're not party to a confidentiality agreement (or other applicable contract, like an employment contract). As such, any DMCA claim is fraudulent per se. |
| iMo:
--- Quote from: madsbarnkob on February 05, 2020, 10:27:13 pm ---..Just like the rights-to-repair movement, I fail to see the ask-for-permissions, to do with my own property as I see fit.. --- End quote --- FYI - from legal point of view it does not matter whether the product in your video has been taken off a dirty scrapyard for free, or you bought it off ebay for $10, or purchased directly from the manufacturer for $130k with 5years warranty. The IPRs do not get transferred to you, you do not own them. The IPRs are still with the owner, and are usually formulated in a form allowing lawyers to claim anything. And mind the lawyers do like to claim the same way as we do like to watch the teardown videos :) |
| wraper:
--- Quote from: imo on February 06, 2020, 11:18:09 am ---FYI - from legal point of view it does not matter whether the product in your video has been taken off a dirty scrapyard for free, or you bought it off ebay for $10, or purchased directly from the manufacturer for $130k with 5years warranty. The IPRs do not get transferred to you, you do not own them. The IPRs are still with the owner, and are usually formulated in a form allowing lawyers to claim anything. And mind the lawyers do like to claim the same way as we do like to watch the teardown videos :) --- End quote --- Could you explain how showing the product violates any intellectual property rights? |
| magic:
--- Quote from: tooki on February 06, 2020, 11:02:19 am ---The issue, as I see it, is that there is per se no copyright violation, since copyright is about the right to make copies of a copyrighted work. Creating your own documentation about an object does not violate copyright, since you're not copying a copyrighted work, but creating a new one. --- End quote --- It's arguable what constitutes a copy. For certain media, like painting or music performance, your own audiovisual "documentation" of the work would likely be considered a derived work and require authorization. I really don't think this should apply to teardown / reverse engineering videos, because in this case the video is not even close in function and utility to the real thing, but they are free to argue any position they want. If there are no clear legislative guidelines (probably) and no similar suit happened yet (maybe), they are also free to become the fist to try and find out. They may even try it despite knowing they will lose, if they think you won't sue for damages if they lose but OTOH have some "metrics" to meet in reducing the spread of their "proprietary knowledge" online, which seems to be their actual motivation. |
| Navigation |
| Message Index |
| Next page |
| Previous page |