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[SOLVED] Ericsson slammed me with a Copyright Strike on a Teardown video, help!?
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edy:
So if you put up a video showing Ericsson threatening your video, can they then claim "defamation". Talk about David vs. Goliath here. If that's the case, nobody would ever be able to say or do anything and large corporate giants would shut everyone up by threatening to sue and the small guy would hide away in a corner because they would be made bankrupt just hiring a lawyer to defend themselves. Oh wait, that's how it already works!  :-DD

If your goal here is to share information, and you want to protect your main channel from demonetization, can you not set up a "side channel" to publish these types of videos? Chances are you are 100% in the right and Ericsson should go f&ck themselves. However, since YouTube couldn't care less about the plight of the average person and simply wants to appease advertisers, perhaps you can put it on an unlinked secondary YouTube account.

Sure, you will take the "hit" of not having any revenue coming from it... but who cares. You will have at least have published the video for everyone in the world to see and download, together with another video stating why you had to do this (so everyone knows) and on top of it you could fight them and worst they could do is shut down that secondary channel and not touch your main one. If they shut it down, then you put it up on another site. One way or the other Ericsson wants to silence you. Show them they can't win.
ebastler:

--- 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‘s not so much about losing  the video, but about the „copyright strike“ now on file with YouTube, I would assume. You do understand their “3 strikes, you are out“ policy?
edy:

--- Quote from: ebastler on February 06, 2020, 08:08:00 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‘s not so much about losing  the video, but about the „copyright strike“ now on file with YouTube, I would assume. You do understand their “3 strikes, you are out“ policy?

--- End quote ---

That's the rub isn't it.... you can have some crazy litigious organization flag a bunch of your videos and get you kicked out of YouTube for nothing. If you put your hands up and say "oh well, move on" then they can keep targeting you again and again. You have to FIGHT unfortunately, it is the only way. Even if it means you lose, you don't go down without causing damage and burning down your opponent. Otherwise they will keep doing this to everyone. Perhaps free legal help, EFF and publicizing this you will create the "Streisand Effect".

https://en.wikipedia.org/wiki/Streisand_effect

By the way, this tends to be happening with dentists who post information about Smile Direct Club and a host of other "home-directed" orthodontics:

https://www.cbc.ca/news/canada/manitoba/teeth-straightening-lawsuit-manitoba-dentists-1.5265969

Individual dentists who posted anything negative about it, on YouTube or otherwise, got hit with take-down requests aggressively. Even dentists who you would think have the means to pay for these types of legal battles, for the most part just scared away and didn't think it was worth it. They went on with their lives. Finally a bunch of them got together and started suing them back:

https://www.tennessean.com/story/news/2019/09/26/smiledirectclub-ipo-class-action-lawsuit/2445447001/

So now it is a huge mess but some companies need to be wrangled into submission because they do not play fair. If you read the second article above you will note one of the reasons Smile Direct Club is being sued is because:

The lawsuit further states that the company has responded to criticism with "a deliberate, intentional, and well-lawyered campaign to stifle any legitimate, publicly-stated concerns or criticisms of its product and/or business practices."

That's right, this company has threatened EVERYONE aggressively that even thought to mention them and be scientifically objective about them. They wanted to shut down and shut up anyone with some standard Lawyer scary letter threatening to sue you until oblivion.  :box:

This is another nice article that summarizes it from BuzzFeed:

https://www.buzzfeednews.com/article/nidhisubbaraman/smile-direct-club-lawsuits-dentists
mikeselectricstuff:
IANAL but AIUI there is nothing to lose by telling them that you'll only remove it if they can explain exactly why they think they have a valid reason.

I don't believe there is any chance they could persue this legally as they would be bound to fail - it's just idle threats.

I'd be inclined to re-upload with an opening statement about their bogus claim

BTW if anyone has any spare Ericsson basestation kit they'd like to send me, I'd be happy to tear it apart!


--- Quote ---So if you put up a video showing Ericsson threatening your video, can they then claim "defamation"

--- End quote ---
Only if you say something that is not true.  Saying they are threatening when all they have done is a bogus copyright claim could be construed that way, so just stick to the facts.


--- Quote ---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)

--- End quote ---
Ask them to state exactly what they are claiming, and tell them that you will not remove content until they have shown there is an infringement, and that failure to reply will constitute acceptance that they have no case


--- Quote ---I would kindly ask Ericsson to grant me a permission to show that stuff in my video.

--- End quote ---
Don't do this.  You do not need permission.  An explicit refusal may put you at some sort of disadvantage, though I doubt it.
 
You own it, you can do what you like with it,  end of.



wraper:

--- Quote from: barycentric on February 06, 2020, 09:48:01 pm ---All of OP's videos are like the one removed. If he gives in on one, they'll try to take down his whole channel (and any/all of the income he gets from it). Hence the $20.

--- End quote ---
There are no other Ericsson videos.
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