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A serious thread about MrEnter

Last posted Jan 16, 2015 at 10:01PM EST. Added Jan 12, 2015 at 09:31PM EST
14 posts from 8 users

Well, unlike certain thread….This I think is something we can discuss about.

Looks like finally Viacom did what Enter himself they will probably do. In his Deaviant, he wrote that Youtube didn't give a concrete idea of he's suspended or his account is permanently terminated.

Wheter you like or not his opinions or his videos in general, the dude has quite the followers, and this show how bad Youtube copyright system is.

Now, we have to wait and see what will happen to him and any other youtuber who had copyright strikes from several companies, seeing how Viacom was able to do this; who can't deny this could happen for example to Angry Joe (Capcom copdy-striked his lately Capcom rant) or TotalBiscuit

Opinions?

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Also from Google copyright takedown page:

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.

Precedent says Mr. Enter will be absolutely fine. (Maybe it'll make him consider joining Channel Awesome though- after all, it was a situation just like this that made Doug and Rob Walker form That Guy With The Glasses back on '08.)

Last edited Jan 12, 2015 at 09:44PM EST

0.9999...=1 wrote:

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Also from Google copyright takedown page:

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.

Precedent says Mr. Enter will be absolutely fine. (Maybe it'll make him consider joining Channel Awesome though- after all, it was a situation just like this that made Doug and Rob Walker form That Guy With The Glasses back on '08.)

At this point Im starting to think many Youtubers who have the same product of criticism for TV and Cinema will start to leaving Youtube.

I know Google have these rules, but I feel the management of Youtube should be more serius about this. Is not like somebody there at Google's Headquarters can't see the video, and they see right there his videos aren't made for profit, and each of them have their respective copyright notes from where he took the visual material.

0.9999...=1 wrote:

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Also from Google copyright takedown page:

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.

Precedent says Mr. Enter will be absolutely fine. (Maybe it'll make him consider joining Channel Awesome though- after all, it was a situation just like this that made Doug and Rob Walker form That Guy With The Glasses back on '08.)

MrEnter applied to Channel Awesome once and got rejected.

TheAnt wrote:

MrEnter applied to Channel Awesome once and got rejected.

Where the hell'd you hear that? I couldn't find anything of the sort. Considering the flurry of new content creators over there, why in the fuck would they say no?

Last edited Jan 13, 2015 at 12:21AM EST

0.9999...=1 wrote:

Where the hell'd you hear that? I couldn't find anything of the sort. Considering the flurry of new content creators over there, why in the fuck would they say no?

He said it in his DeviantArt. Also how would I know why they didn't take MrEnter, I would give a reason, but I'm probably too bias in that regard.

It really pisses me off that YouTube/Google is letting copyright holders terminate or censor what reviewers can say under fair use. I hope Mr. Enter can get his account back up, seeing as how he became a pretty good reviewer for what he was.
Other than that this incident makes me wonder what would happen if Rebel Taxi were to be hit with his channel suspended or terminated, seeing as how his Breadwinners review got taken down by Viacom.

NintenDylan wrote:

It really pisses me off that YouTube/Google is letting copyright holders terminate or censor what reviewers can say under fair use. I hope Mr. Enter can get his account back up, seeing as how he became a pretty good reviewer for what he was.
Other than that this incident makes me wonder what would happen if Rebel Taxi were to be hit with his channel suspended or terminated, seeing as how his Breadwinners review got taken down by Viacom.

Nuu Pan Pizza ;-;

Just to be even more clear, as stated by the message that Youtube used to have on its takedown request page, what Viacom has done hear is perjury, plain and simple. It knows exactly what current US copyright law is, as it should, so entering that statement through Google's channels is, for all intents and purposes, giving false testimony under oath in a judicial proceeding. Have they ever been held accountable for that? No. However, and thankfully, the real reason for that is if you show any kind of persistence in denying this type of claim from these media companies they're known to eventually pussy out. Court is not something they want to be involved with.

0.9999...=1 wrote:

Just to be even more clear, as stated by the message that Youtube used to have on its takedown request page, what Viacom has done hear is perjury, plain and simple. It knows exactly what current US copyright law is, as it should, so entering that statement through Google's channels is, for all intents and purposes, giving false testimony under oath in a judicial proceeding. Have they ever been held accountable for that? No. However, and thankfully, the real reason for that is if you show any kind of persistence in denying this type of claim from these media companies they're known to eventually pussy out. Court is not something they want to be involved with.

There's a reason they supported SOPA though. It's because Viacom and similar companies hate reviews of their work that shine a negative light on them and I'm pretty sure its also because they don;t like the concept of fandom (becuase it could easily lead to more negative reviews).

If that infernal bill was passed, it would have not only made shit like this legal, but also made everything from YouTUBE, to Equestria Daily to even this site targets for nuking for that reason, and it would have been legal to do so because "muh piracy".

Regarding Mr Enter is did he say he's gonna take them to court?

After Shock wrote:

There's a reason they supported SOPA though. It's because Viacom and similar companies hate reviews of their work that shine a negative light on them and I'm pretty sure its also because they don;t like the concept of fandom (becuase it could easily lead to more negative reviews).

If that infernal bill was passed, it would have not only made shit like this legal, but also made everything from YouTUBE, to Equestria Daily to even this site targets for nuking for that reason, and it would have been legal to do so because "muh piracy".

Regarding Mr Enter is did he say he's gonna take them to court?

Enter can't take them to court, because he wouldn't be able to afford a good enough lawyer. That's the reason companies like Viacom can throw their weight around with copyright claims despite the existence of fair use; they have more money for lawyers than most critics or parody creators, so nine times out of ten they can avoid a loss in court simply because the C&D recipient can't go to court in the first place.

Skeletor-sm

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