Topic
BFM Digital copyright troll claims TinySpeck content
yesterday afternoon i posted a screenvid of the esquibeth quest, and got a flag from youtube that BFM Digital was claiming that i had used content under their administration.
they're kid of famous for making claims on content they don't own, but i had only ever read stories about it and not seen it up close and personal until yesterday.
here's what i wrote about it on my blog today, which includes links to the video in question, and screenshots of the claim notices.
furthermoreflask.blogspot.c...
i also took the time to make a post about it on the youtube forums, where often the CEO trollmeister himself sometimes appears.
productforums.google.com/d/...
that's my story.
i'm waiting to see what happens.
Replies
- I'd like to hear if Lily Linguistic also got the notice, with also having posted an Esquibeth video.
- I really wish the penalty for filing false claims matched the penalty for infringement.
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second esquibeth video to which trol BFM claims administration of TS assets: http://youtu.be/qbfgR9o-njs
anybody else 'enjoying" their claims? - Yowzaa!! Well, we're all behind you, flask! If you need any other voices against them, let us know!!
- chillingeffects.org
- That's just... horrible.
- I am a firm believer in IP rights, but that is just ... guano!
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new development:
Dear ehrlenmeyerflask,BFM Digital has reviewed your dispute and released its copyright claim on your video, "esquibeth, the corrected". For more information, please visit your Copyright NoticepageSincerely,
- The YouTube Team
basically what happens is that the claimant gets to adjudicate the case. if the troll had continued to assert rights, my youtube account would have been deleted.
what i want to know is how come the troll can make unlimited fraudulent claims against content is does not own and there are no consequences for that. -
Allowing a claimant unlimited fraud claims without consequences if proven wrong is just plain wrong.
Edit:
I just read through YouTube's Copyright center and there is absolutely no protection for its users, only for those who claim copyrights. - Curious, I posted an Esquibeth quest video this morning, and have had no flags or warnings of 3rd party content. etc. I will violently contest it if happens in the future. I'm just wondering if any of the devs are aware of this?
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before i lodged my dispute i wrote to little poundcake to ask her to verify that all the material did in fact belong to TS. she had to ask danny, who affirmed that it is wholly owned by TS.
so yes, they're aware.
whether or not it's a big enough fish for them to fry is beyond my guess, but it's pretty serious stuff if you allow an agressive copyright troll to claim your rights. if you allow it, the troll gets to build a claim. - Oops, wish I'd read you reply earlier, I emailed danny too regarding it. As you say if their claim isn't stopped it starts to appear legitimate.
- Sorry to hear that. Let me know if I can help!
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it all came out ok for me and my little videos, danny, but it burns my butt that a famous copyright troll is claiming your work as theirs.
if it happens on more than just one or two videos containing sound TS owns, it might be worth a polite c&d.
i have no standing to challenge them since i don't own your work. i can only make a case that because of statements made here in the forums by staff regarding the acceptable use of game recordings, i may post them.
that's a long way from having actual legal rights to the soundtrack and only you and TS can tell those trolls forcefully to back off your stuff.
it is your right to lodge a claim or not, but i think it is important for you and this community to know that BFM Digital is making this clam to your work.
knowledge is power. -
Small correction to the details of copyright law. Copyright is often confused with trademark. A copyright holder does not need to go after copyright violators. It's theirs, until they actively sign it off somehow, and you'd definitely know if you'd done it (and is complicated and messy and not usually what's actually going on). Now, you *can* pretty easily sign off license on your copyrighted material, ala the new Instagram policy. That doesn't remove your copyright, but it allows Instagram to use your stuff. Much like how TS lets us muck about with the Glitch assets.
Trademark, on the other hand, must be defended. It's something you register, whereas copyright is passive - you made it, it's yours (the only reason to document dates is for claim disputes, aka, who's stealing from who). You can only keep a trademark as long as you are using it, and if you let people yoink it too much, you lose the trademark. You can't loan its use out to anyone, either, though there's still some fair use stuff in there) Bethesda sued Mojang about "Scrolls" almost entirely to cover their bases when it comes to their "Elder Scrolls" trademark.
Copyright is something you have, trademark is something you exert. - change.org?
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Crap. Going to watch your video and hearing the Groddle music gave me a tension headache. I miss Glitch in the worst way!
Sorry your ran amok of these foul fraudulent copyright claimers trying to do something nice for everyone. That sucks. -
faranae, thank you for clarifying those points.
i think (not use of "think" in this case) that where the trolls are exerting their supposed right to monetize other people's work they are creating a set of precedents not to claim rights to the work itself, but to make their many fraudulent claims appear legitimate and thereby profit from this bad business practice.
you tube made it very clear to me that if BFM digital had adjudicated itself in the right, my accounts were going to be deleted. that is a scary moment when you click that "yes, i'm sure i want to dispute this claim" button, and it is a heavyhandedness on which BFM Digital relies in their practice of monetizing content that does not belong to them.
it's worth a little pushback, and a little daylight.