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Youtube pulls negative Hovind videos

Enlighten

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Many negative youtube videos have been removed at the request of Hovind's "ministry." The videos include prison phone calls, music, and criticism, which are not owned by Hovind.

YouTube, GodTube and More!
Sept 13, 2007

Exciting things are happening here at CSE as we further the creation message!

We now have YouTube and GodTube accounts. There you can view our promos and other recommended resources. These will help equip you in introducing the world to Christ our Creator. Subscribe to us and be notified of new videos.

We’ve also released a new promo for Eric Hovind. Check out Eric’s dynamic presentation of the creation message in the promo below.
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www.cseblogs.com/?p=85

Hovind’s Goons use Fraud to Remove Critical YouTube Videos

Reed A. Cartwright posted Entry 3318 on September 12, 2007 03:31 PM.


From reports that we are getting, starting yesterday a user account on YouTube, called cseministry, began fraudulently claiming that any video which criticized the felon, cheat, liar, fraud, huckster, etc. Kent Hovind violated the copyrights of the Creation Science Evangelism.

Under the draconian DMCA, CSE can use such false claims to silence their critics, with little legal risk to themselves. Once a claim has been filed, YouTube is required by US Law to remove the content immediately and without any review. The real copyright holders then have to jump through hoops to get their content back on YouTube, that is assuming that they haven’t already been falsely banned.
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www.pandasthumb.org/archives/2007/09/hovinds_goons_u.html
 
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If you believe you are in the right, you just have to file a DMCA counterclaim. Once you do that, the original claimant has 14 days to file a lawsuit and notify YouTube, or the video goes back up.
 
Send me a list of those videos that were pulled, and I'll put them up.
 
For those of you who want to fight back, you need to know the law. So, here is a summary, courtesy of the U.S. Copyright Office:

The Digital Millennium Copyright Act of 1998 Copyright Office Summary December 1998 Page 12

Under the knowledge standard, a service provider is eligible for the limitation on liability only if it does not have actual knowledge of the infringement, is not aware of facts or circumstances from which infringing activity is apparent, or upon gaining such knowledge or awareness, responds expeditiously to take the material down or block access to it.

The statute also establishes procedures for proper notification, and rules as to its effect. (Section 512(c)(3)). Under the notice and takedown procedure, a copyright owner submits a notification under penalty of perjury, including a list of specified elements, to the service provider’s designated agent. Failure to comply substantially with the statutory requirements means that the notification will not be considered in determining the requisite level of knowledge by the service provider. If, upon receiving a proper notification, the service provider promptly removes or blocks access to the material identified in the notification, the provider is exempt from monetary liability.

In addition, the provider is protected from any liability to any person for claims based on its having taken down the material. (Section 512(g)(1)).

In order to protect against the possibility of erroneous or fraudulent notifications, certain safeguards are built into section 512. Subsection (g)(1) gives the subscriber the opportunity to respond to the notice and takedown by filing a counter notification. In order to qualify for the protection against liability for taking down material, the service provider must promptly notify the subscriber that it has removed or disabled access to the material. If the subscriber serves a counter notification complying with statutory requirements, including a statement under penalty of perjury that the material was removed or disabled through mistake or misidentification, then unless the copyright owner files an action seeking a court order against the subscriber, the service provider must put the material back up within 10-14 business days after receiving the counter notification.

Penalties are provided for knowing material misrepresentations in either a notice or a counter notice. Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider. (Section 512(f)).


Source: http://www.copyright.gov/legislation/dmca.pdf
 
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Hovind, there's no need to feel down
I said Hovind, though we've proved you're a clown
I said Hovind, stop the news getting round
That your vids are all so crappy.

Hovind, you hope no-one will know
(I said Hovind) that your arguments blow
You conceal it, so that no-one will find
You're completely out of your mind.

You hide away behind the D.M.C.A.
You hide away behind the D.M.C.A.
When you find you're vexed that your critics annoy
There's illegal means you employ

You hide away behind the D.M.C.A.
You hide away behind the D.M.C.A.
Using dubious means, you can try to conceal
That your fantasies are unreal

Hovind, are you listening to me
I said, Hovind, with your fake PhD
I said, Hovind, with your fraudulent schemes,
But you've got to know this one thing.

Hovind, you're just fooling yourself
I said Hovind, put your pride on the shelf
By appealing to the D.M.C.A.
I'm sure it can help you today

You hide away behind the D.M.C.A.
You hide away behind the D.M.C.A.
When you find you're vexed that your critics annoy
There's illegal means you employ

You hide away behind the D.M.C.A.
You hide away behind the D.M.C.A.
Using dubious means, you can try to conceal
That your fantasies are unreal

Hovind, let me tell you the news
I said Hovind, you're the King of the Woos
Your delusions are to weak to survive
When we point out that they're so jive

Hovind, so that no-one will see
(I said Hovind) through your feeble deceit
You can cower behind the D.M.C.A.
And conceal the nonsense you say

You hide away behind the D.M.C.A.
You hide away behind the D.M.C.A.
When you find you're vexed that your critics annoy
There's illegal means you employ

D.M.C.A.
You hide away behind the D.M.C.A.
You hide away behind the D.M.C.A.
Hovind, Hovind, there's no need to feel down
Hovind, Hovind, though we've proved you're a clown

D.M.C.A.
Just abuse the D.M.C.A.
Hovind, Hovind, let me tell you the news
Hovind, Hovind, you're the King of the Woos

D.M.C.A.
D.M.C.A.
D.M.C.A.
D.M.C.A.
 
Did Eric Hovind admit to a felony?

Still, the group seems to have acknowledged that zeal ran ahead of knowledge when it came to these DMCA takedowns. CSE tells Ars that "we submitted to YouTube a list of files which we withdrew our claim of copyright on. YouTube will use their discretion and take appropriate action on those files. The remainder of the files, we have good faith belief infringed on our copyright."
Click to expand...

http://arstechnica.com/news.ars/pos...-takedowns-on-critics-admits-to-mistakes.html
 
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