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posted by
janrinok
on Friday February 28 2014, @09:00PM
from the perhaps-we-shouldn't-have-done-that dept.
from the perhaps-we-shouldn't-have-done-that dept.
Fluffeh writes:
"Lawrence Lessig is Professor of Law at Harvard Law School but is probably best known to readers for his work with Creative Commons, the Free Software Foundation, and the Electronic Frontier Foundation. Without considering fair use, Liberation Music wrongly had some of Lessig's work removed from YouTube and threatened to sue. It didn't go well. Liberation will pay Lessig an undisclosed sum for the damages it caused with the wrongful takedown. The money will go towards supporting the EFF's work on open access and the label will also 'adopt new policies' that respect fair use."
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Lessig Sues and Wins against Bogus DMCA Takedown
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(Score: 3, Informative) by glyph on Saturday March 01 2014, @02:11AM
Furthermore, Youtube is not bound by the DMCA. They have a one-sided arrangement negotiated with the content industry so that they don't need it's protections as a safe harbour, and you are bound to this agreement via the Youtube TOS. There is no false takedown provision at all. Also unlike under the DMCA, if the claimant wants to refuse your counter notice, *you* must sue *them* to get the alert removed an the video/account restored.