PDP will probably counterclaim, saying that the footage falls within fair-use. Here’s what’s likely to happen, and feel free to correct me on details of the system that I may get incorrect. This is PDP, Youtube’s golden boy, whether they admit it or not. A copyright holder can ignore violations for years, then enforce their rights against any or all of them at any time they choose.Įxactly. To reiterate, copyright does not need to be defended to remain effective. It can’t happen accidentally, through neglect or through lack of defence. The conditions of trademark abandonment don’t apply to copyright – in fact, copyright does have its own concept of abandonment, but it requires the copyright holder purposely relinquish their rights to the public domain. Nonuse for three consecutive years shall be prima facie evidence of abandonment.”Ĭopyright protections are always at full strength. Intent not to resume may be inferred from the circumstances. In 15 USC §1127, abandonment only happens “when its use has been discontinued with intent not to resume such use. Your claim that if they fail to defend against ‘even one infringing party’ is straight up false. Trademark abandonment has a burden of proof, and companies certainly don’t have to defend every single infringement. Trademark rights can be weakened through abandonment or genericide. Not only are you confusing copyright with trademark, your threshold for trademark abandonment is way off base. Depending upon the state or location that the c and d is filed in or the state or location of the target of the c and d, Perjury can be a criminal offense with up to seven years time in Jail for the offender. Thats why DMCA equates falsely filling a cease and desist letter to perjury. What Felix said during that game is protected speech. However, dmca takedown notices cannot be used to fetter or chill speech. If Sean Vandaman had filed a takedown notice against Felix Kjellberg for misuse of Campos Santos IP (there needs to be a preponderance of evidence of misuse) that would be a correct use of dmca takedown. would be a false filing for which PewDiePie can then claim Defamation of Character (per se Defamation in this case being: adversely reflecting on a person’s fitness to conduct their business or trade), and can claim damage as a result of that per se harm. Therefore filing a takedown notice to YouTube/Twitch/etc. Their own website states quite clearly that not only does Campos Santos allow all who wish to to stream but they allow anyone who so chooses to MONETIZE that stream. The game the slur was made in was not Campos Santos IP (The game was PUBG made by Bluehole Studio Inc.) so that means that Campos Santos cannot file a takedown notice against PewDiePie for misuse of their IP. Our game on his channel =endorsement- Sean Vanaman September 10, 2017 His stream is not commentary, it is ad growth for his brand “All streaming is infringement but devs and pubs allow it because it makes us money too,” he wrote in the Twitter thread.įreedom of speech is freedom of prosecution “I watch them daily and we sent out over 3000 keys to professional and amateur streamers of. Developers draw the line in different places: some might ask players not to capture footage past a certain point in a game, or dislike when players upload full playthroughs of a title. While some game developers allow YouTubers to upload their work and monetise it, other developers might use YouTube’s automated system to claim footage as theirs, thereby allowing them to earn the ad revenue for that video. In the past, YouTubers have argued that uploading footage of a game falls under fair use, so long as the YouTuber is adding comment, criticism, or identifying some kind of news value. The legalities around a potential DMCA claim are murky. Previously, Kjellberg uploaded a full playthrough of Firewatch that has been viewed 5.7 million times on YouTube, and in the description for that 2016 video, he calls it “a wonderful story driven game.” If Campo Santo goes forward with its plan, the Digital Rights Millennium Act would be invoked to protect their copyright over Firewatch, meaning the video could be taken down. “He’s worse than a closeted racist: he’s a propagator of despicable garbage that does real damage to the culture around this industry,” Vanaman wrote. What a fucking arsehole.”Ĭampo Santo declined to comment when asked by Kotaku if Vanaman was responding directly to the video clip, but Vanaman’s tweets are pretty clear. “What a fucking n-” Kjellberg said, while killing an opponent. Vanaman appeared to be reacting to the latest controversy surrounding the YouTube star, as this afternoon, a clip in which Kjellberg called a Battlegrounds player the n-word sp re ad w id el y on message boards an d so ci al m ed ia.
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