Joi Ito's Web

Joi Ito's conversation with the living web.

Viacom sends a DMCA takedown notice to YouTube alleging that Jim Moore and his friends having ribs on Sunday night is a copyright violation. Doh.

I hope they aren't allowed to get away with this sort of thing with impunity. This "collateral damage" is as bad as the "piracy" they are trying to suppress.


Shame on Viacom; if it was a mistake, they'd rightfully apologize to make it clear they aren't hunting for rib-eaters!

Seriously, I'd like to know how this got mixed up. The explanation's gotta be at least as funny as the incident itself. I do wish Jim Moore and his friends all the best with this, and that their video can be put back online so I can see just what was so infringing — or lack of infringingness — about it.

My girlfriend got one of those bogus DMCA takedown notices, too. And for more than one video. Most of her videos were pulled from the Archive and then uploaded to youtube or google video. At least one of them was from a company whose name matched the name of the creator of the video, but the video was not renewed.

She could've answered the claim, but that would imply that she would have to accept american jurisdiction and pay for lawyers.

I think she would be happy to take part on a class action suit.

You can send a fairly straightforward counter notification back to YouTube, which puts the onus to provide evidence of infringement onto Viacom. They then have to decide whether they want to take it further.

If they don't bring a lawsuit within 14 days, YouTube are required to republish the material.

Details available here:

PS. Something a bit odd with the comment preview script here - if I preview several times it embeds "a href" tags repeatedly. Just a headsup.

I would go so far as to say that this "collateral damage" is worse than the piracy they are fighting. One is impairing a fundamental right (free speech), the other only the profit of some corporation. And let's not forget that copyright's intention originally was to benefit The People (by providing protection and incentives to the authors). So the priorities should be quite obvious.