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When YouTube Sues YOU - YouTube Fights Copyright Troll? - YouTube
Channel: LegalEagle
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this video is brought to you by legal
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eagles copyright course calm giving all
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creators the tools they need to fight
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bogus copyright claims YouTube stands up
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for creators everywhere and fights back
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against an alleged copyright troll who
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not only apparently tried to extort
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fellow youtubers but tried to have one
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killed yep it may be true this case is
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wild hey legal eagles it's time to think
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like all of the lawyers that YouTube
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just hired to go after a copyright troll
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who may have been trying to extort a
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bunch of individual creators YouTube has
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filed a federal lawsuit against a
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YouTube creator who they claimed was
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trying to extort fellow creators and
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actually may have swatted one of them
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now before I begin I want to emphasize
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that these are only allegations all of
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these facts come from the complaint that
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YouTube filed in federal court a
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complaint is the document that you use
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to start a lawsuit and it contains your
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side of the story
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YouTube is the plaintiff here that means
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they started the lawsuit and because
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we're still in the very early stages of
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this particular lawsuit all of the facts
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are gonna come from YouTube so take
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everything with a grain of salt now
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first let me give you some background to
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help understand this lawsuit that
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YouTube is filed Congress passed the
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DMCA in 1998 to deal with copyright
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infringing material online it allows
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websites to not be responsible for
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copyright infringing material that its
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users upload under certain circumstances
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the DMCA is one of two laws that give
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websites a safe harbor the other being
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the Communications Decency Act section
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230 which is something I will definitely
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cover in the future because it is in the
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news every single day these days the
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bottom line is that under the DMCA a
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website isn't liable for copyright
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infringing material so long as they take
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down the offending material when they
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receive a notice from the person that
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owns the copyright this is called a DMCA
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takedown notice you'll find it in 17 USC
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512 which is a totally easy law to
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understand you can look it up by
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searching google for 17 USC 512 now
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youtube asserts in its complaint that
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one Christopher Brady issued a false
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DMCA takedown notice to extort certain
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youtubers people that made minecraft
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video
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basically the complaint alleges that he
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claimed he owned the copyright to
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minecraft and therefore demanded that
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youtubers pay him money or he would
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issue a DMCA takedown a third one now
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YouTube has a system where if you
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receive three DMCA takedown notices your
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channel is deleted when a DMCA takedown
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notice is levied against your channel
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YouTube gives you a strike and three
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strikes and you're out of the YouTube
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game now allegedly Brady would issue two
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DMCA takedown notices and then try to
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extort hundreds of dollars from those
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creators by threatening a third takedown
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notice which would result in potentially
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the deletion of these peoples channel
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now if true this is illegal and violates
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the DMCA section 512 this happens I've
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talked to creators who have dealt with
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false DMCA takedowns I myself have been
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the victim of a false DMCA claim so this
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is definitely something that exists in
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the world but it's also relatively
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unusual the big boys the music labels
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and the movie studios rarely mess around
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with DMCA claims now sure they abuse the
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Content ID system that YouTube has
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created but a DMCA takedown notice is a
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little bit different it's created by
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copyright law and YouTube doesn't have a
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whole lot of control over it basically
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from the people that I've talked to
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behind the scenes none of the big
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players will file a DMCA takedown
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without talking to a lawyer first or
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often they'll have the lawyer issue the
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DMCA takedown why is that because it's a
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big deal as paragraph 8 of YouTube's
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complaint states to submit a takedown
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notice using the forum parties must
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affirmatively check a box next to a
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statement that reads I acknowledge that
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under Section 512 F of the DMCA takedown
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any person who knowingly material
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misrepresents that material or activity
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is infringing may be subject to
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liability for damages if you issue a
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false takedown not only are you liable
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for damages and in other words the loss
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of revenue that comes from the videos
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but you're also liable for attorneys
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fees and when you're talking about
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YouTube that's a lot of fees now I know
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YouTube gets a lot of flack for taking
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down videos pursuant to the DMC
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takedown requests but YouTube actually
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doesn't really have much choice in the
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matter
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that's apart from the whole Content ID
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system which YouTube controls paragraph
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9 of YouTube's complaint says the
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YouTube receives thousands of DMCA
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takedown requests each week through his
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online web forum and also received
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notices by email postal mail and
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facsimile I guess that if anything this
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is probably an understatement
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I guess that YouTube probably deals with
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on the order of millions of DMCA
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takedowns per year and YouTube doesn't
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really have much choice in how to deal
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with these particular claims it's all
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enshrined in copyright law both the time
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frames and the the consequences so if
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YouTube gets a DMCA takedown they don't
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really have much choice but to take the
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video off of YouTube otherwise YouTube
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would potentially lose their copyright
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safe harbor and become liable for
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thousands if not hundreds of thousands
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of copyright infringement actions per
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year so let's talk about the actual
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facts of this case in paragraph 21 of
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the complaint YouTube alleges that in
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January 2019 defendant Brady using
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several falsified identities send you to
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multiple notices of alleged copyright
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infringement pursuant to the DMCA claim
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the two videos uploaded by Kenzo and two
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videos uploaded by Abby raids supposedly
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infringed copyrights that he owned in
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the next paragraph YouTube asserts he
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represented that he was the original
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creator of those videos and that he held
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the copyright to them the complaint goes
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on to assert that Brady tried to extort
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a third youtuber and in fighting one of
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those allegedly false DMCA takedown
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notices that youtuber provided his true
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home address as required by law that
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makes sense that is one of the statutory
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requirements to being able to fight a
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DMCA takedown notice the problem as
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alleged in this complaint is that part
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of the DMCA allows you to issue a
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subpoena to get that information when
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it's uploaded the purpose of which is
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that if you are issuing a DMCA takedown
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you need to be able to take these people
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to court if they file a counter notice
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and put the video back up the complaint
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goes on to assert that on July 10th
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the third youtuber announced via Twitter
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that he'd been the victim of a swatting
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scheme that day and they go on to define
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swatting as the act of making a bogus
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call to emergency services in an attempt
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to bring about the dispatch of a large
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number of armed police
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officers to a particular address if
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that's true that this guy did use the
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information he gained by abusing the
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DMCA takedown process to issue a false
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SWAT call against a fellow youtuber in
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the hope that the SWAT team would be
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called to this guy's actual house that's
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a felony and this guy should be in jail
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this is a despicable act if true people
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have died because of swatting 'z because
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if you're playing a video game that
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involves gunfire and the SWAT team hears
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the gunfire from the outside they might
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come in with guns drawn and people have
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died in the course of being falsely
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swatted the bottom line is that YouTube
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alleges that this particular individual
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Brady falsified DMCA takedowns committed
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perjury and used that information that
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he gained to extort fellow youtubers and
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may have even tried to kill one of those
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youtubers frankly I was astounded when I
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saw this lawsuit being filed by
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YouTube's 17 USC 512 eff does in fact
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give service providers like YouTube a
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private right of action to sue over
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false DMCA takedown notices I've just
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never seen a service provider actually
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file a suit like this if true this seems
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like a very very good thing on behalf of
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most youtubers and a blow against
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potential people who are trying to abuse
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the copyright process for their own ends
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when they don't own the copyright to
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allegedly infringing material this could
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be the first of many lawsuits on behalf
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of YouTube protecting its youtubers and
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if indeed the allegations in the
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complaint are true I think YouTube is
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doing all of us a favor by getting rid
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of some of these YouTube copyright
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trolls I think YouTube is trying to send
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a message against this troll and
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potentially others they have the
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resources to do it and I will repeat
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that we don't know all of the facts this
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is all one-sided so please do not Doc's
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the defendant Brady or attack him in any
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way online let this legal process play
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out YouTube in its prayer for relief is
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asking for compensatory damages
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attorneys fees and an injunction in
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other words a court order that forces
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the defendant to stop this is probably
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bad enough I checked and this case is
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being litigated
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a local firm in Omaha where the
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defendant lives and also by a very
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well-known attorney with one of the
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top-tier law firms Wilson susini which
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is the law firm that has handled Google
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and YouTube's most important and famous
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cases and I was curious how much
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Wilson's tasini charges and according to
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court documents if you can get a 10%
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discount for a lead partner at Wilson
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susini you will only pay $900 an hour in
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other words if this defendant loses
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he'll probably pay on the order of
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$1,000 per hour for hundreds of hours of
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attorney time also parenthetically that
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Phil DeFranco covered this lawsuit
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earlier today and although he did
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generally a great job covering it he put
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some special attention to the end of the
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complaint specifically the prayer which
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asks for such other further and
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different relief as the court deems
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proper under the circumstances kind of a
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question mark saying they pray for such
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other further and different relief as
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the court deems proper under the
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circumstances and so something even
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potentially bigger here he kind of
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freaked out about this that's a totally
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normal thing to put in a complaint it's
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just a catch-all a lawyers cya to allow
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them to ask for something else not
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specifically mentioned in the complaint
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so Phillip my dude reach out to me next
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time I'll let you know what is notable
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or not in a complaint like this as an
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attorney I have dealt with copyright
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trolls for a very very long time and I
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am tired of creators getting pushed
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around by bogus copyright claims so I
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decided to do something about it I made
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copyright course calm to give all
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creators the tools that they need to
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fight meritless claims and stand up for
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their rights online it's not only an
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entire Law School course on copyright
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distilled into a few hours but it's also
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a system that I developed to fight
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claims on YouTube and other platforms I
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should know because I get a lot of
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claims against my videos even though
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they are clearly fair use and spoiler
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alert made by an actual copyright
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attorney and trial lawyer copyright
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course com is all the tips and
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strategies that I use to beat claims and
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make sure my videos are safe I think
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it's time that we fought back against
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the copyright trolls and made fair use
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actually fair you can check it out at
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copyright course comm right now and you
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can get early access to the beta course
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which will be half the price of the
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final course you'll get every module as
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soon as
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comes out and your comments will help
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shape the final product I am really
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looking forward to being able to help
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creators and fight back against the
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copyright trolls because there are a lot
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of them out there so do you agree leave
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your objections in the comments and
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check out this playlist that has all of
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my other real law reviews over here
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where we deal with all of the pressing
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legal issues of the day so click on this
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playlist and as always I will see you in
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court
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