Dne středa 5. června 2013 18:57:46 UTC+2 Hugo Roy napsal(a):
> Title : Youtube gives you a chance to defend your right
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> Topic : copyright scope
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> Summary : if you are the target of a copyright holder's take down notice, 
> youtube gives you a chance to defend your right in front of the jurisdiction 
> of California. 
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> Score : good, 20
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> 2013/5/12 Suzanne Azmayesh <suz...@azmayesh.fr>
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> Title : Youtube can remove your content at its sole discretion 
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> Topic : Suspension and censorship
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> Summary :  Youtube reserves to right to decide if a content violates the 
> terms of service, not only if the user is a copyright infringer, but also, 
> but not limited to, if the content is about pornography, obscenity, excessive 
> length. The content may be removed and the user's account terminated without 
> prior notice and in the sole discretion of Youtube. 
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> Score : Mediocre, 20
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> 2013/5/7 Suzanne Azmayesh <suz...@azmayesh.fr>
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>  Youtube can remove an account without prior notice and in its sole 
> discretion. 
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>   « YouTube will terminate a user's access to the Service if, under 
> appropriate circumstances, the user is determined to be a repeat infringer. »
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>  « YouTube reserves the right to decide whether Content violates these Terms 
> of Service for reasons other than copyright infringement, such as, but not 
> limited to, pornography, obscenity, or excessive length. YouTube may at any 
> time, without prior notice and in its sole discretion, remove such Content 
> and/or terminate a user's account for submitting such material in violation 
> of these Terms of Service. »
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> Good point : if you are the target of a copyright holder's take-down notice, 
> youtube gives you a chance to defend your right. But the exclusive competence 
> of the jurisdiction of California is not that pertinent : 
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> Counter-Notice. If you believe that your Content that was removed (or to 
> which access was disabled) is not infringing, or that you have the 
> authorization from the copyright owner, the copyright owner's agent, or 
> pursuant to the law, to post and use the material in your Content, you may 
> send a counter-notice containing the following information to the Copyright 
> Agent:
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> Your physical or electronic signature;
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> Identification of the Content that has been removed or to which access has 
> been disabled and the location at which the Content appeared before it was 
> removed or disabled;
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> A statement that you have a good faith belief that the Content was removed or 
> disabled as a result of mistake or a misidentification of the Content; and
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> Your name, address, telephone number, and e-mail address, a statement that 
> you consent to the jurisdiction of the federal court in San Francisco, 
> California, and a statement that you will accept service of process from the 
> person who provided notification of the alleged infringement.
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> If a counter-notice is received by the Copyright Agent, YouTube may send a 
> copy of the counter-notice to the original complaining party informing that 
> person that it may replace the removed Content or cease disabling it in 10 
> business days. Unless the copyright owner files an action seeking a court 
> order against the Content provider, member or user, the removed Content may 
> be replaced, or access to it restored, in 10 to 14 business days or more 
> after receipt of the counter-notice, at YouTube's sole discretion.
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> -- 
> 
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