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02/13/2008
Alright, this is WAR!
Remember a few weeks back when we showed you how Focus on the Family had one of our videos pulled from YouTube because it consisted of a brief sample of their election analysis (which we posted for the sole purpose of political commentary)? Well now the organization has had EVERY ONE of the clips that featured their analyses pulled from Youtube, which resulted in THE TOTAL CANCELLATION OF OUR YOUTUBE ACCOUNT! Everything that we have ever hosted on the site over the past few years is now completely gone because FOF apparently wants their content to exist within a vacuum.
One would think that FOF records their lil' commentaries because they want people to take notice. And one would think that they would consider that the sort of usage we employed falls under fair use. And one would think that at the very least, they would take the matter up with us before acting in the way that they did. But this is Focus on the Family we are talking about, where reactionary behavior is the order of the day.
Well you know what, FOF? You're not going to win this one! We know that we did nothing wrong. The videos were clearly labeled as belonging to FOF. The players were clearly identified by name and affiliation. A link was provided to the site where one could find the full video. All we did was put up VERY BRIEF portions in an embeddable format, so that other could engage in debate. We understand why you want your little videos confined only within your "pro-family" realm, as preaching to the choir is much easier than dealing with your reasoned opposition. But your fear of being called out on your bullsh*t is not going to be enough to keep us down. in fact, our "Focus" on the attacks you all wage on our families is more strengthened than ever!!
**UPDATE, 2/19: We are in the process of fighting this and getting our account restored. While doing so, Focus on the Family has been quite overconfident in their belief that YouTube sided with them in terms of whether or not our videos constituted "fair use." The fact of the matter, however, is that YouTube did not. That is not their role. They accepted FOF's claims, but they do not make judgements on these matters. From their own printed guidelines regarding fair use:
"Unfortunately we cannot make a determination whether your video qualifies as fair use. If you disagree with a copyright takedown notice that you have received, you may file a counter-notification . However, we cannot offer you legal advice in these matters. If you have questions about your situation, we suggest you consult legal counsel"
So when FOF acts as if YouTube sided with them in regards to whether or not these videos were fair use (which they've done in several email correspondences), they are once again being disingenuous.
***UPDATE, 4/3:
Your thoughts
YouTube is in dangerous territory. It's why I now post all my vids not just there but on blip.tv too.
Posted by: Tony P | Feb 13, 2008 3:52:54 PM
I'll just have to say,'This pisses me off". And I don't take that lightly. It's about MONEY for FOF. The same rules of fair use apply to all of us. It is the reason that many shows on TV exist today. If you are featured on these shows you typically don't like it (The Daily Show, Veracifier Podcast, etc.) I'm not saying I totally understand copyright law, I am how ever claiming to have an opinion and that backing them up with facts is deeply rooted in those laws. 'Script: , , or , , . You get my point.
Posted by: Ryan | Feb 13, 2008 5:37:30 PM
I had a similar problem. Youtube is to blame here also! The shoot first, don't ask questions and wait for you to complain. Then they only respond after months of pleading and arguing... It frustrates me that any person with an account can claim a copyright infringement and Youtube will immediately without any verification and warning pull down videos.
I've quit using them.
Posted by: Mikey | Feb 13, 2008 6:04:15 PM
The Church of Scientology has been doing the same shit. I'm beginning to think YouTube needs to grow a pair. So far, they have rolled over for every single DMCA claim any jackass has so much dreamt of.
Posted by: brandon H | Feb 13, 2008 8:33:23 PM
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