Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2007
    Posts
    4

    Exclamation YouTube is Accepting Forged DMCA Submissions

    Hi,
    We need some major advice.
    There is a "hate group" who hides behind fake names and proxies attacking people by fraudulantly filing DMCA notices on all of their video content.

    It doesn't the videos are, these people are submitting faxes to YouTube Copyright, basically claiming ownership of ALL videos on any given YouTube account, and then signing that form (under penalty of perjury), which doesn't matter because they are using completely fictitiods names, addresses, and phone numbers.

    Youtube does NOT even check to see that the contact info given on these forms is fictitious, and actually don't seem to care (?)..
    They simply act on the complaint, and pull the video.

    They give you a chance to counter-notify. But this just results in the other party countering yet again saying they are "seeking a court injunction". And this seems to be the end of story as far as YouTube is concerned.

    These people are commiting fraud, forgery, and perjury. What can be done here?

    YouTube just says to have a legal rep contact them. And then what?
    The people this is happening to can't all afford individual lawyers.

    Isn't what these other people doing a federal crime?

    Need some major advice here. Talking to YouTube seems to be stalemate.

    Please go here to see a video on exactly what is being done.

    http://www.youtubefraud.tz4.com

    The fax that was sent is shown. A 12 page fax claiming ownsership on all videos across 3-4 accounts. And YouTube completly accepts it and acts on it!

    They HAVE to know that the contact information is fake, the street doesn't even exist. The zipcide doesn't even match, and the name is a character in a movie!

    Can someone help out here?
    It's beyond insane..

    Does the "legal rep" have to be a lawyer?
    What can be done here?
    Accounts are being suspended like crazy due to this.
    Its INSANE.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: YouTube is Accepting Forged DMCA Submissions

    When you disputed the DMCA notices, what was the result?

  3. #3
    Join Date
    Nov 2007
    Posts
    4

    Default Re: YouTube is Accepting Forged DMCA Submissions

    Well the official way to dispute a DMCA is to file a Counter Notification.
    We file this.. then the other party is notified that we did so, and are given 10 days to claim they are "seeking a court order", or else the videos are reinstated.
    SInce the other party is completely fraudulant, of course they simply reply back saying they are seeking a court order, again signed with the fictitious name and address.. and, again, this is good enough for YouTube.

    As for notifying YouTube that not only are these our videos (and the absurdity is the fraudulant party is filing DMCA claims on ALL videos across 3 accounts, just a blantent attempt to abuse the system to get the accounts suspended).. we have been telling YouTube about this in every way possible.
    YouTube KNOWS they are fraudulant names and addresses.
    They STILL act on them.

    Your guess is as good as mine.
    Watch the video I linked above, and it is demonstrated in detail exactly what they are doing.

    We have disputed not only the claims, but have proven that the documents were signed with fake names and addresses (the streets do not even exist! The phone numbers are fake! EASILY verified!), but YouTube ignores this.

    Why YouTube is acting as a party to forgery, I have NO idea.

    This is why we need help..

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: YouTube is Accepting Forged DMCA Submissions

    YouTube is following the law. You can file a legal action and seek discovery to try to prove who is doing this. You probably already have a pretty good idea.

  5. #5
    Join Date
    Nov 2007
    Posts
    4

    Default Re: YouTube is Accepting Forged DMCA Submissions

    Well, the problem here is, these people aren't stupid, and are hiding behind anonymous proxies that are impossible to trace..
    But we have done our own undercover research and have a good idea who they are, but would anyone accept this as "proof"?
    We would need some sort of admissable link to the actual person, to their actions.. the fax filed, or something.
    Not sure how to do that. And how to you file anything against a fake name and address?
    What exactly do we do and where do we go from here?

    How is YouTube "following the law" by acting on obvious forged documents? Even when they are repeatedly notified they are forged, and can be easily checked. That seems more of a crime to me.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: YouTube is Accepting Forged DMCA Submissions

    You have your lawyer subpoena their Internet usage records, and see if they were spending time on those proxies at the same time the complaints were being sent to Google. You subpoena email accounts as well - not everything is entirely fake if they're receiving and responding to Google's notices. And you see how the pieces fit together.

    I suggest you read the DMCA (PDF). I suggest you also consider that Google owes you absolutely no duty to carry anything that you produce.

  7. #7
    Join Date
    Nov 2007
    Posts
    4

    Default Re: YouTube is Accepting Forged DMCA Submissions

    I know the issue with Google/YouTube, they are under no obligation to host any video. BUT, they are acting on fraudulant documents and knowingly accepting forgery. I don't understand the logic behind that.

    If I were a company and saw someone was abusing the system this way, (and committing forgery/fraud/perjury) I certainly would not knowngly accept it, especially after proof is given that it is, in fact, forgery.
    They are in full knowledge it is forgery.
    WHY would they be accepting it? That's the part I can't understand.

    As for proxies, the problem is these are ANONYMOUS proxies.
    Set up to cloak identities. It's purposely routed through hundreds of servers around the world. They are set up to make it almost impossible to track to a real IP.
    The same system has been used by terorists to post hostage videos. The government's top people have problems tracking it, if they are able to at all.

    So we are back to square one.
    IP trace is virtually impossible even IF tracking info was released.
    We know who it might be, but we can't provide a link to prove it.
    I'm sure it could be proven if they confiscated their computers, possibly.
    But how can we just give them who we THINK it is, and expect the cops to go nab this persons computer based on our word.

    So again, thats why we need help.
    I'm thinking we need to get them on a criminal (federal) offense, where cops or FBI will be actively involved, and somehow link it to the real person. Maybe set up some sort of sting?
    And then worry about civil charges later?
    I really have no idea.

    1. Sponsored Links
       

Similar Threads

  1. Copyright Law: User Submissions - Who Really Owns the File
    By vipermk2 in forum Intellectual Property
    Replies: 3
    Last Post: 07-07-2009, 02:20 PM
  2. Copyright Law: Submissions to a Website, Copyright and Fair Use
    By mandacab in forum Intellectual Property
    Replies: 1
    Last Post: 04-10-2009, 07:22 PM
  3. Copyright Law: DMCA Violation
    By bigcitygirl in forum Intellectual Property
    Replies: 4
    Last Post: 02-13-2009, 01:44 PM
  4. Copyright Law: International Effect of DMCA Notices
    By mhnz in forum Intellectual Property
    Replies: 1
    Last Post: 01-15-2007, 09:09 AM
  5. Trademarks: DMCA
    By metalkyo in forum Intellectual Property
    Replies: 1
    Last Post: 12-12-2005, 12:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources