Tuesday 24 May 2011

Dear Desteni Movement...

Felida The Geek

I have watched you try to scam people for a while now. I have also watched as you filed false DMCA notices and flagged channels down that exposed you for what you are: A cult like organization that is trying to scam money out of people via a pyramid scheme. I have watched as good channels were permanently shut down for the simple reason of exposing you. And I have decided that I won't watch any longer.

As you may have noticed, a lot of the counternotices to your false DMCAs recently filed had MY name on them. That's right, MY name, which is perfectly legal, as I have accepted a co-ownership of the videos you had falsely removed. Falsely removed, because they were covered by the fair use provision. As a bit of a reminder, here is what copyright law has to say about fair use:
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:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
You will notice that none of the videos you filed a DMCA claim against were of any commercial interest. The sole purpose of these videos was to critizise and comment on your money making scheme that you so blatantly hide behind your supposed social and environmental program.

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