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    Youtube soutien le patriarcat de l'industrie musicale

    Mathias Poujol-Rost 🇫🇷 ✅ · Sunday, 18 April - 16:32 edit

(Avertissement : cet article contient une capture d'écran, explicite)

Si vous cherchez de la #musique pop ou électronique sur le site vidéo d'Alphabet Inc, vous trouverez notamment des chaînes qui diffusent des clips... pas officiels du tout. Et pour cause : nombre de ces pistes ou chansons n'ont pas de music video comme on dit.

Alors des canaux #Youtube comme N&T Party, Perfect Music, VDJ Smile, ou encore Chill House Mix, EDM Mixes of Popular Songs, HG Club, Magic Music, Music Trap, SEC tvTM, Queen Deep, Shine Music diffusent des montages avec, pour le son : le morceau, et pour l'image : des femmes jeunes et minces qui dansent plus ou moins en rythme et sont plutôt peu habillée, ou en prenant des poses clairement suggestives.

Une recherche approfondie sur le sujet trouverait sans doute des centaines de #comptes. Parmi ceux cités, les huit derniers sont carrément "validés" (✓) avec le pictogramme associé. #Google cautionne donc ce type de "contenu".

NB : je n'ai pas essayé en activant un filtre familial ou "enfant".

#patriarcat #sexisme #femmesObjets

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    YouTube Class Action: Not Even One Instance of Copyright Infringement Identified

    news.movim.eu / TorrentFreak · Monday, 25 January - 09:18 · 5 minutes

Sad YouTube Back in 2016, Grammy award-winning musician Maria Schneider launched a scathing attack on YouTube, accusing the platform of “criminal rackeetering”.

According to Schneider, YouTube has “thoroughly twisted, contorted, and abused the original meaning of the outdated DMCA ‘safe harbor’ to create a massive income redistribution scheme.”

Last summer it became clear that Schneider’s opinions had not changed when her name appeared as a plaintiff in a class-action lawsuit filed against YouTube.

As previously reported, Schneider is joined by a company called Pirate Monitor in the suit and together they accuse YouTube of being massively deficient in its copyright enforcement measures, including by denying smaller artists access to its takedown tools (Content ID), failing to terminate repeat infringers, while profiting from piracy.

YouTube Accuses Plaintiff of Fraud

Last September, YouTube fought back by alleging that agents of Pirate Monitor opened bogus YouTube accounts to upload its own videos and then filed takedown notices against the same content claiming that its rights had been infringed.

According to YouTube, this was a ploy to gain access to Content ID after the company was previously denied access for having no track record of properly using the DMCA takedown process. This new and fraudulent approach only supported its earlier decision to deny access to the Content ID tool, YouTube said.

In November, the plaintiffs fought back, stating that YouTube had failed to provide any evidence to back up its allegations. But a month later, YouTube told the court that the same IP address used to upload allegedly-infringing content was also used to file DMCA notices to take it down.

Plaintiffs and Defendants Are Digging In

A case management statement published this week reveals that little progress has been made in respect of bringing the parties closer together.

The plaintiffs, on behalf of themselves and the Class, repeat their claims that “millions” of copyright works have been distributed via YouTube in breach of copyright while alleging that they have no “viable means” of enforcing their rights other than via manual searches and takedown notices.

Furthermore, since YouTube only implements its repeat infringer policies for non-Content ID identifications, the plaintiffs argue that the video platform cannot claim safe harbor protection under the DMCA. For its part, Youtube says this is an attempt to relitigate its earlier copyright battle with Viacom, which found that YouTube is entitled to safe harbor protections.

“No law supports Plaintiffs’ assertion that denying them access to [Content ID] somehow makes YouTube liable for copyright infringement,” the video platform adds, noting that Schneider already has access anyway.

“Plaintiff Schneider already has access to Content ID through her publishing agent, who has used Content ID for years on Schneider’s behalf,” YouTube adds.

But there are more fundamental issues too.

Zero Copyright Infringement Alleged in Complaint

According to YouTube, Schneider has named just three copyrighted “works in suit” and Pirate Monitor has identified three too. However, neither has identified any infringement.

“[T]he Complaint failed to allege a single instance of infringement for even one of the six copyrighted works. That alone renders the claims deficient. Beyond that, Pirate Monitor recently admitted — five months into the case — that it does not have standing to assert infringement of one of the three works it asserted in the Complaint.”

YouTube says that Schneider did list around 50 new works that weren’t mentioned in the complaint during interrogatory responses but failed to allege ownership or registration. But there are other problems too.

“Schneider has failed to identify a single alleged infringement for approximately half of the new works, and the instances of alleged infringement she did identify all fall outside the three-year statute of limitations. Further, it now appears clear that Schneider’s publishing agent licensed YouTube to use all of Schneider’s musical works, which would independently defeat any infringement claim,” YouTube adds.

Class Action Unsuited to Copyright Disputes

Given the complexity of copyright infringement cases, YouTube says that the plaintiff’s suit will not be maintainable as a class action. Referencing an earlier failed attempt by the Premier League, YouTube describes the current litigation as a “Frankenstein monster posing as a class action.”

Evidence Preservation

According to Schneider and Pirate Monitor, YouTube isn’t taking its evidence preservation responsibilities seriously having rejected some of their demands. The plaintiffs say that YouTube is refusing to preserve videos that are deleted by users, even if they infringe their rights, demanding that the plaintiffs need to identify each one first.

“Defendants have also repeatedly taken the position that they will not preserve any evidence relating to the putative class in this case,” they add, a reference to entities that are not yet part of the class action – which could be almost any rightsholder.

Somewhat predictably given the scope of the plaintiffs’ demands, YouTube insists that it is preserving evidence but can only do so when the plaintiffs identify those works, noting that it does not have to guess at what that content should be. Also, when considering that almost any copyright holder could join the class action at a later point, effectively asking YouTube not to delete anything is a step too far.

“[P]laintiffs have made the extraordinary and unreasonable demand that YouTube preserve all ‘material and content’ uploaded to YouTube, notwithstanding users’ ordinary rights to delete their own data, simply because Plaintiffs have brought this case as a putative class action,” YouTube writes.

“They have cited no authority requiring anything like that, which would inflict huge costs and burdens on YouTube — essentially redesigning YouTube’s entire data retention system in violation of user privacy rights and at a cost of hundreds of hours of engineering time and millions of dollars — that are disproportionate to the legitimate needs of a case in which there are only two named plaintiffs asserting, at most, a small number of copyrighted works, and who have very low prospects of ever certifying a class.”

The case has been scheduled for trial starting November 28, 2022, but whether it will ever get there remains a question. The only certainty at the moment is that the parties couldn’t be any further apart in their positions and neither is showing any signs of giving an inch.

The joint case management statement can be found here (pdf)

From: TF , for the latest news on copyright battles, piracy and more.

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    PeerTube v3 : ça part en live

    eyome · Thursday, 7 January - 19:36

  • PeerTube v3 : ça part en live

    Nous publions aujourd'hui une nouvelle version majeure de PeerTube, notre alternative aux plateformes de vidéos centralisatrices à la YouTube. À noter : An English translation of this post is available on this blog ; Voici un lien direct vers la release, avec le journal détaillant les modifications. Mais... C'est quoi PeerTube ? PeerTube n'est pas...

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    Facebook déclare une situation d’urgence après l’insurrection au Capitole

    news.movim.eu / Numerama · Wednesday, 6 January - 23:39

Facebook a décidé de retirer la vidéo de Donald Trump sur les évènements du 6 janvier. Le site communautaire a aussi supprimé des publications du président américain. YouTube intervient également. [Lire la suite]

Abonnez-vous à notre chaîne YouTube pour ne manquer aucune vidéo !

L'article Facebook déclare une situation d’urgence après l’insurrection au Capitole est apparu en premier sur Numerama .

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    YouTube Class Action: Same IP Address Used to Upload ‘Pirate’ Movies & File DMCA Notices

    news.movim.eu / TorrentFreak · Monday, 21 December - 19:18 · 4 minutes

Sad YouTube Grammy award-winning musician Maria Schneider and Virgin Islands-based Pirate Monitor Ltd teamed up in the summer to file a class-action lawsuit against YouTube.

In an effort to gain access to YouTube’s Content ID system, the complaint stated that YouTube has an allegedly lax attitude to takedown notices and repeat infringers, and discriminates against smaller creators.

Schneider told the court that a number of her songs had been posted to YouTube without her permission. Pirate Monitor Ltd argued similarly, stating that pirated copies of its works had been uploaded to the site. Both further said they had been denied access to Content ID.

In its response, YouTube focused on Pirate Monitor, alleging that the company or its agents uploaded the ‘pirate’ movies and then claimed mass infringement, something which disqualified them from accessing Content ID.

“YouTube Failed to Provide Evidence”

In a motion to dismiss filed in November, Pirate Monitor said YouTube had provided no “hard evidence” to back up these damaging claims, demanding that the court disregard the allegations and reject calls for the right to an injunction to prevent Pirate Monitor from submitting wrongful DMCA notices in the future.

At the time we noted that it was unlikely that YouTube had simply pulled its claims out of thin air and in an opposition to dismiss Pirate Monitor’s counterclaims, YouTube now provides a taster of some of the supporting evidence it has on file.

Motion to Dismiss Counterclaims

“Pirate Monitor devised an elaborate scheme to prove itself sufficiently trustworthy to use YouTube’s advanced copyright management tools,” YouTube begins.

“Through agents using pseudonyms to hide their identities, Pirate Monitor uploaded some two thousand videos to YouTube, each time representing that the content did not infringe anyone’s copyright. Shortly thereafter, Pirate Monitor invoked the notice-and-takedown provisions of the Digital Millennium Copyright Act to demand that YouTube remove the same videos its agents had just uploaded.”

YouTube notes that Pirate Monitor has still not disputed these claims but has nevertheless moved to dismiss, arguing that YouTube should provide detailed evidence to support its allegations. According to YouTube, it does not have to do that at this early stage but nevertheless highlights some key evidence to show foul play.

Suspicious Uploads

In all, YouTube processed nearly 2,000 DMCA notices it received by Pirate Monitor in the fall of 2019. All of the targeted videos had a uniform length, around 30 seconds each, generated from “obscure Hungarian movies”. They had been uploaded in bulk from users with IP addresses allocated to Pakistan.

“That alone was suspicious, there is no obvious reason why short clips from relatively unknown Hungarian-language movies should be uploaded to YouTube from accounts and devices in Pakistan,” YouTube writes.

Furthermore, YouTube notes that the videos were uploaded by users with similar names, such as RansomNova11 and RansomNova12, who gave the clips nondescript titles. Perhaps even more telling, the takedown notices were sent soon after the videos were uploaded, sometimes before the videos had been seen by anyone.

ransomnova

While the nature of the uploads is indeed suspicious, YouTube says that it also found what it describes as a “smoking gun”, i.e evidence that the uploads and DMCA notices were being sent by the same entity.

The Smoking Gun

“After considerable digging, YouTube found a smoking gun. In November 2019, amidst a raft of takedown notices from Pirate Monitor, one of the ‘RansomNova’ users that had been uploading clips via IP addresses in Pakistan logged into their YouTube account from a computer connected to the Internet via an IP address in Hungary,” YouTube explains.

“Pirate Monitor had been sending YouTube its takedown notices from a computer assigned that very same unique numeric address in Hungary. Simply put, whoever RansomNova is, he or she was sharing Pirate Monitor’s computer and/or Internet connection, and doing so at the same time Pirate Monitor was using the same computer and/or connection to send YouTube takedown notices.”

To counter Pirate Monitor’s claims that not enough evidence has been provided, YouTube says that a party is not required to prove its entire case in its complaint and the relevant rules do not allow Pirate Monitor to escape any accounting for fraudulent and illegal conduct by “concealing the identity of its agents and obscuring its connection to them.”

Specifically, however, YouTube says it has already answered the “who, what, where and when?” questions Pirate Monitor claims YouTube has not answered. The “who” is Pirate Monitor, the “what” is Pirate Monitor’s allegedly fraudulent representations, the “where” is YouTube’s website, and the “when” is from August 2019 to November 2019.

“For these reasons, Pirate Monitor’s motion to dismiss should be denied,” YouTube’s legal team writes.

The opposition to Pirate Monitor’s motion to dismiss can be found here (pdf)

From: TF , for the latest news on copyright battles, piracy and more. We have some good VPN deals here for the holidays.

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    YouTube Ordered to Unmask Cheaters TV Show Pirates & How Much Money Was Made

    news.movim.eu / TorrentFreak · Saturday, 19 December - 11:48 · 3 minutes

Cheaters With millions of users uploading huge quantities of content every day, YouTube is the largest video platform on the planet.

Of course, not all of this content is licensed for upload and as a result, YouTube regularly finds itself at the center of copyright holder disputes. Usually, complaints are handled with a Content ID match or a straightforward takedown process but some content creators prefer to take things a little further.

Creator of TV Show Cheaters Takes Legal Action

Controversial reality TV show Cheaters deploys its own ‘Cheaters Detective Agency’ to carry out investigations on behalf of individuals who suspect their partners are committing adultery and similar infidelities. Created by writer Bobby Goldstein, Cheaters launched in 2000 and has reached season 19, airing on various legal TV outlets around the world.

However, there are many hundreds of Cheaters episodes available on YouTube too, uploaded by users in breach of copyright. Collectively these videos have been viewed millions of times and for Bobby Goldstein Productions (BGP), the owner and rightsholder of more than 227 Cheaters episodes, enough is enough.

Cheaters YouTube

In an application for a DMCA subpoena filed against YouTube in a Texas court, BGP attorney Jeffrey R. Bragalone is now seeking to obtain the identities of more than two dozen YouTube account holders who uploaded Cheaters episodes to the video platform, so that the company may enforce its rights.

DMCA Takedown Notice

The application begins by reminding YouTube of its legal position, noting that since it displayed and reproduced infringing episodes, it may be liable to hand over all of the profits it generated from them. Alternatively, under 17 U.S.C. § 504(c), YouTube may be liable for statutory damages of up to $150,000 per infringing work.

BGP’s attorney then issues a formal demand to YouTube, demanding that it immediately cease-and-desists from hosting and displaying the episodes in question, noting that failure to comply will be considered as evidence of willful intent in the event of a lawsuit.

Cheaters DMCA

At the time of writing and after testing a sample of the URLs listed by the company, the allegedly infringing videos (including the small selection in the image above) appear to remain live on YouTube but given the official nature of the complaint, that position is likely to change in the coming days. Nevertheless, a simple takedown won’t be enough to fulfill the requirements of the subpoena.

Disclose User Identities and Preserve Evidence

In the first instance, BGP is seeking to find out the identities behind the YouTube user accounts that uploaded the infringing videos. There are more than two dozen in total, some of which are dedicated to the show, some that offer various TV shows and movies, and others that appear to have uploaded episodes in a less organized fashion.

Regardless of type, BGP is demanding that YouTube provides documentation to show “all registration information, account information, billing information, payment information, or other identifying information associated with the YouTube accounts” including their “name(s), address(es), telephone number(s), email address(es), and account number(s) associated with each account, and the Internet Protocol addresses (including time stamps) used to create each account, access each account, or upload the material” for each of the supplied URLs.

In addition to user information, BGP is also seeking information that could be helpful should it file lawsuits against the listed YouTube users and potentially the platform itself in the unlikely event content isn’t taken down. The requested evidence includes the total page views and/or downloads of the infringing URLs/videos, plus an account of total revenues and gross profits relating to the display of the offending material, including all advertising and/or affiliate revenue.

“This information must be provided with accompanying documentation, including financial and other business records, supporting the responses given to these questions,” the DMCA subpoena application reads.

In addition, BGP is demanding that YouTube preserves all communications relating to the videos, including emails, voicemails and instant messaging, any and all related documents, network access and server activity logs, plus any other relevant information.

“Should you fail or refuse to take down the Subject Videos, our client will have no choice but to file a complaint against your company seeking immediate injunctive relief, as well as compensatory, statutory, and punitive damages, attorney’s fees, and costs,” BGP concludes.

After being filed earlier this week, the case was reviewed by Judge Rodney Gilstrap. In his order, he noted that BGP had complied with all of the components required to obtain a subpoena. So, in an order issued Wednesday, the Judge ordered YouTube to comply by supplying the information sought.

The related documents can be found here ( 1 , 2 , 3 . Judge’s order here )

From: TF , for the latest news on copyright battles, piracy and more. We have some good VPN deals here for the holidays.

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    R.I.P. Henri, le Chat Noir, angst-ridden feline YouTube star for the ages

    news.movim.eu / ArsTechnica · Thursday, 10 December, 2020 - 21:09 · 1 minute

"Je suis un chat noir." Henri the existential cat made his YouTube debut on May 24, 2007, and quickly became an Internet sensation. He and Will Braden, aka "the thieving filmmaker," would go on to make 17 short films together.

We are très désolé to report that YouTube cat-video sensation Henri, le Chat Noir has died at the ripe old age of 17. His collaborator Will Braden, aka the "thieving filmmaker," announced Henry's passing in a moving Facebook post . Apparently, Henri had a deteriorating spinal condition and had been rendered largely immobile as a result. Despite the pandemic, a local vet made a home visit to "help him pass peacefully, surrounded by those that loved him," Braden wrote.

Henri (née Henry) was not actually Braden's cat; the Facebook post identifies Braden's mother as Henri's real-life caretaker. Henri lived in an undisclosed location in Seattle's North End, largely oblivious to his online celebrity. He was a rescue cat, adopted from a local animal shelter as a kitten, who shared his living space with a second white cat, known to his fans as 'l'Imbecile Blanc," who survives him. While a student at the Seattle Film Institute, Braden noted Henri's "regal presence and distinguished personality," and ne featured the cat in a short film for class. The video hit YouTube on May 24, 2007, and Henri's existential musings soon began winning enthusiastic fans.

It was the 2012 sequel (embedded below), Henri 2: Paws de Deux , that went truly viral and turned Henri into an Internet celebrity, with many declaring it to be the best cat video on the Internet. Indeed, the short film won the Golden Kitty Award at the Walker Art Center's Internet Cat Video Festival. Henri gave a suitably world-weary statement on his win via Braden: "That I have received this golden, smiling idol for a film documenting my metaphysical torment speaks volumes about the spiritual void of humanity. Shiny and meaningless, life marches on."

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