Last week YouTube.com got the smack down from NBC for hosting the Lazy Sunday sketch from SNL.
Today AskANinja.com got these emails from YouTube:
Your video Ask A Ninja: Question 10 "Ninja Metal" has been rejected due to its inappropriate nature. Please refer to our terms and conditions for more information on what video material is not permitted on YouTube.
Followed by:
Dear Subscriber:
This is to notify you that we have removed or disabled access to on or
more of your videos as a result of a third-party notification claiming
that this material is infringing.
If you elect to send us a counter notice, to be effective it must be a
written communication provided to our designated agent that includes
substantially the following (please consult your legal counsel or see 17
U.S.C. Section 512(g)(3) to confirm these requirements):
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.
(D) The subscriberÂ's name, address, and telephone number, and a
statement that the subscriber consents to the jurisdiction of Federal
District Court for the judicial district in which the address is
located, or if the subscriberÂ's address is outside of the United States,
for any judicial district in which the service provider may be found,
and that the subscriber will accept service of process from the person
who provided notification under subsection (c)(1)(C) or an agent of such
person.
Such written notice should be sent to our designated agent as follows:
Copyright Agent
YouTube, Inc.
PO Box 2053
San Mateo, CA 94401
Email: [EMAIL PROTECTED]
Please note that under Section 512(f) of the Copyright Act, any person
who knowingly materially misrepresents that material or activity was
removed or disabled by mistake or misidentification may be subject to
liability. Please also be advised that we enforce a policy that
provides for the termination in appropriate circumstances of subscribers
who are repeat infringers.
Very truly yours,
Heather
YouTube, Inc
A couple of things, we are the creators of the Ask A Ninja, we were (and still are) using their site to host the Flash Video versions of our work. It's odd that we can just be arbitrarily cut off from our audience of over 280,000 viewers on the YouTube.com site.
Not to worry, we're already in the works on building a site to host our own Flash files, but if the content creators can't post their files at YouTube, and copyright violators can't either, who is going to be allowed to post their videos?
-Kent
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