thanks for the update Mike, and everyone else so far....

just one more example of why I love Blip and Mike....

Heath
http://batmangeek7.blogspot.com

--- In [email protected], "Mike Hudack" <[EMAIL PROTECTED]> wrote:
>
> I just got off the phone with Heavy's CFO and followed up with an e-
mail
> listing specific areas of infringement.  I expect to hear from them 
in
> the next hour or so, and if I do not I will follow up with another 
phone
> call.
> 
> > -----Original Message-----
> > From: [email protected] 
> > [mailto:[EMAIL PROTECTED] On Behalf Of Ron Watson
> > Sent: Thursday, January 04, 2007 10:00 AM
> > To: [email protected]
> > Subject: Re: [videoblogging] Re: MyHeavy.com Disregarding 
> > Vlogger CC Licenses
> > 
> > They are modifying my video and releasing it under a 
> > different license for profit and they are not giving me 
> > attribution. Seems pretty cut and dried to me.
> > 
> > Ron Watson
> > http://k9disc.blip.tv
> > http://k9disc.com
> > http://pawsitivevybe.com/vlog
> > http://pawsitivevybe.com
> > 
> > 
> > 
> > On Jan 4, 2007, at 1:32 AM, Enric wrote:
> > 
> > > --- In [email protected], "Lucas Gonze" 
> > <lucas.gonze@>
> > > wrote:
> > > >
> > > > On 1/3/07, Enric <enric@> wrote:
> > > > > --- In [email protected], "Lucas Gonze" 
> > <lucas.gonze@>
> > > > > wrote:
> > > > > >
> > > > > > This is a link being fetched on the client side, not a 
copy
> > > on the
> > > > > > server side, so it's not a copyright issue.
> > > > >
> > > > > I see what you mean. They're pulling to the FLV file from
> > > blip.tv and
> > > > > supimposing in flash they're own material on top. 
Regardless of
> > > the
> > > > > method, the presentation and action is breaking the CC non-
> > > commercial
> > > > > license. They are presenting through their flash player a 
video
> > > that
> > > > > they are not licensed to present. Their flash player is 
> > displaying 
> > > > > frames of video without the rights to do that. Media 
> > (bytes) that 
> > > > > they don't have a right to is being pulled through their 
player
> > > which
> > > > > resides on the client side.
> > > >
> > > > Firefox is licensed to present any material. Neither is 
Internet 
> > > > Explorer. The player doesn't need rights here.
> > > >
> > >
> > > I think there's a clear difference between the building the CBS 
> > > Jumbo-Tron is on and the CBS Jumbo-Tron. If the CBS 
> > Jumbo-Tron shows 
> > > video without license then it is the right of the one being 
> > infringed 
> > > to have that desist and request compensation. A custom flash 
player 
> > > written by online video company MyHeavy.com that overlays 
> > their logo, 
> > > display ads on top prior to rolling and such is clearly 
> > different to 
> > > any observer and the consumer from a browser. We can discuss 
the 
> > > technical differences through many messages. But this product 
is 
> > > obvious to any consumer, technical or not, as a commercial 
> > > presentation of a video.
> > >
> > > > And even if it did, so what? You have zero chance of 
> > controlling the 
> > > > behavior of all the third parties who can author an FLV 
player in 
> > > > Flash, while you definitely have the ability to force them to
> > > respect
> > > > your wishes using Referer headers.
> > >
> > > That puts the responsibility on the content creator to 
continually 
> > > hunt down infringers and put them on notice. There's no 
> > incentive to 
> > > stop future infringement.
> > >
> > > >
> > > > It's like spam filtering. You could insist that spammers 
> > stop if you 
> > > > yell "STOP" loud enough, and you could even put your theory 
into 
> > > > practice by yelling until you ran out of breath, but you 
wouldn't 
> > > > achieve anything. Installing a spam filter would be a better 
idea.
> > > >
> > >
> > > MyHeavy (and Veoh before them) are not spammers. They don't 
> > move to a 
> > > new server, zombie a computer and such to continue their work. 
They 
> > > are companies or individuals that will act professionaly if 
> > > incentivized.
> > >
> > > -- Enric
> > >
> > >
> > > 
> > 
> > 
> > 
> > [Non-text portions of this message have been removed]
> > 
> > 
> > 
> >  
> > Yahoo! Groups Links
> > 
> > 
> > 
> >
>


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