Double Bogus DMCA Takedown All The Way!

from the what-does-it-mean? dept

Wed, Sep 7th 2011 12:00pm — Mike Masnick

HappyCabbie alerts us to the news that "Hungrybear9562," whose real name is Paul Vasquez, but is much better known as the "Double Rainbow Guy" for his viral video hit "Double Rainbow" (perhaps one of the most viral videos ever), has gone on a fascinatingly ignorant DMCA takedown binge, using some questionable theories. Basically, he's decided that if there's a video he doesn't like, he can take it down. He put up his own bizarre video in which he explains his views on the DMCA: It's one of those cases where a little knowledge can be a dangerous thing. He admits that he doesn't quite understand the DMCA, but he feels 100% sure that he must be using it properly. His response to claims of "fair use" are to bizarrely cite (incorrectly) the YouTube/Viacom case, which he claims was about "a music company" suing YouTube for $1 billion, and because of that no YouTube videos can use music any more. And towards the end of the video, he responds to those claiming that his takedowns were illegal because they didn't consider fair use by saying, "you know what, if it is illegal, I'm going to change the law."

Throughout the video he makes it clear that his main concern is that he "doesn't like" these videos, which apparently are somewhat mean and make fun of him, but copyright is not made for censoring speech you don't like. Amazingly, Vasquez even seems to be issuing DMCA takedowns on videos that try to explain this to him, including one from HappyCabbie which tries to explain the Streisand Effect to Vasquez:

Oh, and did we mention that Vasquez seems to have no problem using clips from others in his own videos?

Now some may claim this is just a case of a fairly ignorant guy abusing the DMCA, but that's what happens when you provide such a tool for easy censorship. It gets abused by people to censor speech. What does it mean? It means that we have a double free speech problem all the way...

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Filed Under: copyright, dmca, double rainbow, fair use, hungrybear9562, paul vasquez, youtube

68 Comments

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william (profile), 7 Sep 2011 @ 11:16am

so... no one has tried to DMCA him and let him feel what it's like to have bogus take down filed against him for no apparent reason?

lol, i just used DMCA as a verb. :)
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Dark Helmet (profile), 7 Sep 2011 @ 12:00pm

Question:
When did the infamous Sasquatch learn to formulate words and statements, albeit w/o much logic, and what implications does this have on our National Security?

This is what happens with a Democrat in office. The Yetis take over the intertubes. I'm getting a gun....
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:Lobo Santo (profile), 7 Sep 2011 @ 12:05pm

Re: Question:
You don't already have one!?!

Well, just borrow one from a nearby spaceball...
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Anonymous Coward, 7 Sep 2011 @ 12:09pm

I want to know how he will remove videos from Youku :p

http://www.soku.com/search_video?searchdomain=http%3A%2F%2Fwww.soku.com&searchType=video&a mp;q=double+rainbow
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Dementia (profile), 7 Sep 2011 @ 12:10pm

Re: Question:
No disrespect intended DH, but I think you may be mistaken. I believe this is what happens when you have a professional politician in office, his particular color, be it red, blue, green, orange, or any other, is completely irrelevant.
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Anonymouse, 7 Sep 2011 @ 12:11pm

Re:
While it may seem like a good idea to show him what it feels like, filing bogus DMCA reports IS illegal. Not that it ever get enforced...
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Dark Helmet (profile), 7 Sep 2011 @ 12:23pm

Re: Re: Question:
....Color? What the hell?
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Anonymous Poster, 7 Sep 2011 @ 12:24pm

Hey look: the rare Double Dumbass.
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Robert Ring (profile), 7 Sep 2011 @ 12:26pm

Re: Re: Re: Question:
He meant color is in red/blue (you mentioned him being a democrat).
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Chronno S. Trigger (profile), 7 Sep 2011 @ 12:27pm

Willful ignorance
He admits that he doesn't fully understand the DMCA takedowns, and then he DMCAs the videos trying to explain it to him.
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Robert Ring (profile), 7 Sep 2011 @ 12:27pm

Re: Re: Re: Re: Question:
*Oops, "as in" not "is in"
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Anonymous Coward, 7 Sep 2011 @ 12:35pm

The only easy tool of censorship is hosting companies who don't check first, but act first without considering the source.

Why nobody has sued him yet is beyond me.
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Beta (profile), 7 Sep 2011 @ 12:37pm

untended consasquatches
See what happens when people can no longer get affordable medication from Canada?
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Anonymous Coward, 7 Sep 2011 @ 12:37pm

The thing is, he has no money and he is not that bright, I wonder what will happen when he discovers that those videos can come up if people just file a DMCA counter-notice.
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Anonymous Coward, 7 Sep 2011 @ 12:39pm

Double dmca all the way, what does it mean?

It's starting to look like a triple DMCA.
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Blaine (profile), 7 Sep 2011 @ 12:39pm

Who owns the copyright?
At 5:31 he admits that he's not responsible for the video. "It was god speaking through me."

So... I guess god owns the copyright?
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Anonymous Coward, 7 Sep 2011 @ 12:42pm

Thanks Mike!
Thank you for the last two lines. Made my day.
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Anonymous Coward, 7 Sep 2011 @ 12:44pm

Re:
We are in a recession still, people are broke.
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crade (profile), 7 Sep 2011 @ 12:45pm

Have they autotuned that sob story video yet? :)
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Anonymous Coward, 7 Sep 2011 @ 12:46pm

Piracy pays.
http://chillingeffects.org/weather.cgi?WeatherID=642

"Abstract: The New York Times today (page B1) is reporting that "more than one-third of the two billion views of YouTube videos with ads each week are ... uploaded without the copyright owner's permission but left up by the owner's choice." The content owners are choosing to not request that the posted material be taken down because YouTube splits the ad revenue with them. The Times notes that "[h]undreds of these [content] partners make more than $100,000 per year.""
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crade (profile), 7 Sep 2011 @ 12:46pm

Have they autotuned that sob story video yet? :)
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Anonymous Coward, 7 Sep 2011 @ 12:48pm

Re: Who owns the copyright?
He has the performance rights, but god owns the songwriting rights.
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E. Zachary Knight (profile), 7 Sep 2011 @ 12:50pm

Crap! We can't use music on Youtube anymore. That sucks.
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Harlan Sanders, 7 Sep 2011 @ 12:53pm

Re: Re:
We'd have a lot fewer issues in this country if that was enforced...
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Anonymous Coward, 7 Sep 2011 @ 12:58pm

What this clearly shows is a need for a gatekeeper to process as DMCA take down notices so the riff raff doesn't destroy our culture. Does anyone know if the MPAA or RIAA have a suggestion hotline?
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Dark Helmet (profile), 7 Sep 2011 @ 12:59pm

Re: Re: Re: Re: Re: Question:
Aaah, got it. I was thinking he meant something else, but that explanation makes sense....
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Miff (profile), 7 Sep 2011 @ 1:05pm

I should go ahead and DMCA him.

It's not like I'd get fines or jailtime for it.
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out_of_the_blue, 7 Sep 2011 @ 1:06pm

IS "just a case of a fairly ignorant guy abusing the DMCA".
Affects at worst speech about his products. No big deal, no wider implications.

So why write it up? -- Fills space and doesn't exceed the grasp of Mike's fanboy base.
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crade (profile), 7 Sep 2011 @ 1:08pm

Re:
You are thinking too shortterm. What happens when new technology comes around that makes these gatekeepers unneccessary and they lobby with all the power their massive corruption can buy to make terrible laws that will makes the legal system a circus and wreck peoples lives for no reason?
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Anonymous Coward, 7 Sep 2011 @ 1:10pm

Re: Re: Re: Question:
How about plaid? If a politician goes plaid, can we expect some sanity then?
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crade (profile), 7 Sep 2011 @ 1:21pm

Re: IS "just a case of a fairly ignorant guy abusing the DMCA".
No wider implications? The wider implications are even much simpler than usual: More ignorant guys could do the same/it's stupid to give ignorant people power over my speech.
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Dark Helmet (profile), 7 Sep 2011 @ 1:25pm

Re: Re: Re: Re: Question:
"How about plaid? If a politician goes plaid, can we expect some sanity then?"

Trust me on this, you NEVER want to go to plaid. It's a ludicrous prospect and you're likely to overshoot your target.

Seriously, trust me on this....
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Anonymous Coward, 7 Sep 2011 @ 1:34pm

Re: Re: IS "just a case of a fairly ignorant guy abusing the DMCA".
it's illegal to give anyone power over my speech.

fixed.
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Josh in CharlotteNC (profile), 7 Sep 2011 @ 1:46pm

Re:
The only easy tool of censorship is hosting companies who don't check first, but act first without considering the source.

It's hard to blame hosting companies. It's the law that's the problem.
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Dementia (profile), 7 Sep 2011 @ 2:01pm

Re: Re: Re: Re: Re: Re: Question:
I was wondering how many people would over react to be saying color, but yes, I was referring to party affiliation not race.
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Anonymous Coward, 7 Sep 2011 @ 2:05pm

That crap he smokes is good, but it is attracting flies.
I wonder if there is no cow dung in it.
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Jeff brown, 7 Sep 2011 @ 2:16pm

DMCA offers counter notification - use it.
This person obviously does not have a very sophisticated understanding of copyright or fair use or DMCA...

Is he abusing it... probably.

but file the counter notification, get the content re-enabled and start the clock..

He has a limited amount of time to file his suit and something tells me he is not likely to do so.

DMCA, when used properly is powerful for both sides.
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PRMan, 7 Sep 2011 @ 2:19pm

Re:
You're a powerful megacorporation?
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Anonymous Coward, 7 Sep 2011 @ 2:20pm

Re: IS "just a case of a fairly ignorant guy abusing the DMCA".
Boy you best be trollin'. If he can get away with this, what's to stop others from doing the same?

And even if it's just for his products, why do you find it acceptable for him to censor critics?
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bjupton (profile), 7 Sep 2011 @ 2:23pm

Re: IS "just a case of a fairly ignorant guy abusing the DMCA".
serious question. why are you here?

I assume you are a paid shill, but there's a good chance that you do this for fun.

Why is it fun for you?
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Anonymous Coward, 7 Sep 2011 @ 2:34pm

Re: Re: Re: Re: Re: Re: Re: Question:
Come on people now, smile on your brother
Everybody get together and try to love one another
Right now
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Anonymous Coward, 7 Sep 2011 @ 2:38pm

Slash Unblocker. Problem solved.
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Anonymous Coward, 7 Sep 2011 @ 2:54pm

What I gather from this video is the portrayal of a selfish oblivious halfwit who has somehow managed to parlay the tiny bit of empowerment that DMCA policy has granted him into a fully-blown sense of glorious destiny complete with a holy crusade, historical commendation, and recognition from the highest legal authority in the land. This is sadly typical of such an idiot, driven far more by impulse than intelligence, blowing things out of proportion, succumbing to egocentric delusions of grandeur, adopting arbitrary inconsistent oversimplified standards of right and wrong. Yet again, religion and ignorance share the same residence, side-by-side. How can it be helped?

Oh and in response to several stupid partisan comments: Guess what you clowns, both major political parties are just wings on the same corporate vulture, circling high overhead its witless quarry. If you, as an ordinary citizen, are actually dumb enough to believe that either the Democrats or Republicans are "on your side", then you're a born dupe. The incumbent two-party system only creates an illusion of choice. Both parties answer to big money, not the voting masses (as the DMCA itself ought to make evident). Elections provide the illusion of control, wealth secures actual control. Most Americans have been outwitted and pitted against their own best interests without even knowing it. Now go sing the national anthem, suckers.
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Anonymous Coward, 7 Sep 2011 @ 3:19pm

I now have the urge to starting issuing random copyright violation claims on youtube for no reason.
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Anonymous Coward, 7 Sep 2011 @ 3:28pm

I saw an ad....
*shrug*

at 5:40, someone pointed out "Notice no ads?". I had to X out of the google ad right at the beginning (the one at the bottom of the screen that pops up).
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That Anonymous Coward (profile), 7 Sep 2011 @ 3:35pm

And this children answers a very important question...

If a hippy gets stoned in the forest and posts it on Youtube, no you should not care.
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Tom Landry (profile), 7 Sep 2011 @ 4:32pm

Re:
"both major political parties are just wings on the same corporate vulture"

I like Jim Goads description better:

"...they are mere flippers on the same thalidomide baby..."
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Anonymous Coward, 7 Sep 2011 @ 5:08pm

This guy is tempting fate with these fraudulent DMCAs. There's enough internet tough guys to DMCA his account back to the stone age ,especially if 4Chan gets a hold of this.
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Anonymous Coward, 7 Sep 2011 @ 5:08pm

simply pitiful...
Masnick searches out an example of an opposing view presented by an obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid and proceeds to shred his rambling discourse. You must be very proud Mike, being able to dispatch such a formidable opponent like that. What next, you going to pick a fistfight with a guy in a wheelchair?
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Anonymous Coward, 7 Sep 2011 @ 6:04pm

Re: Re: Re: Re: Re: Re: Re: Re: Question:
I am not the above anonymous coward, but in his name I hearby claim Fair Use.

Come get him.;)
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Anonymous Coward, 7 Sep 2011 @ 6:13pm

Re: simply pitiful...
Wouldn't a footfight make more sense?
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BeeAitch (profile), 7 Sep 2011 @ 6:19pm

Re: Willful ignorance
That's because he's a Double Dumbass. ;)
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BeeAitch (profile), 7 Sep 2011 @ 6:30pm

Re: simply pitiful...
"...obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid..."

Yep, just your ordinary, run-of-the-mill copyright maximalist shilltard.

Did you do the description from memory, or did you cheat and look in the mirror first?
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Anonymous Coward, 7 Sep 2011 @ 6:43pm

Re:
It's a tripple DMCA Double.
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Cloksin (profile), 7 Sep 2011 @ 6:59pm

Re: Re:
Wait, hasn't this already happened?
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Anonymous Coward, 7 Sep 2011 @ 6:59pm

Gatekeeper
Easy. Charge$5.00 US for every takedown notice, held in 'escrow'. If the 'plaintiff doesn't get challenged, they get the $5 back, else, it goes to the respondent. The plaintiff now has an economic decision to make. Is this worth the $5.00 and ensuing costs?

Hmmm.

Maybe it should be $500.00 US.

Or maybe a better way would be to just shorten copyright and patents to 14 years, and then make them Public Domain.
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Cloksin (profile), 7 Sep 2011 @ 7:00pm

Re:
If they do you can be sure he'll send a DMCA takedown notice for it. I'd do it myself if I had autotune.
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Lawrence D'Oliveiro, 7 Sep 2011 @ 7:42pm

Re: Masnick searches out an example of an opposing view presented by an obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid and proceeds to shred his rambling discourse. You must be very proud Mike, being able to dispatch such a formidab
Fine. Go find us a copyright maximalist who isn�t obviously slow-witted and possibly mentally ill and rambling.

We�ll wait.
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Jesse (profile), 7 Sep 2011 @ 7:50pm

Vasquez simultaneously demonstrates that copyright law and the war on drugs are deeply flawed and broken.
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wvhillbilly (profile), 7 Sep 2011 @ 8:59pm

Unwarranted takedowns
Maybe I'm playing devil's advocate, but it seems throughout his video his complaint was other people using his comment without his permission. If this is the case, it seems to me he is within his rights to have them taken down.

Now if he is taking down other people's videos just because he doesn't like them, and they are not using any of his content. then that's a whole 'nother matter. Then he *is* violating the law.
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wvhillbilly (profile), 7 Sep 2011 @ 9:01pm

Re: Unwarranted takedowns-oops
Oops-that should have read "using any of his *content*..." not "his comment".
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Ben in TX (profile), 7 Sep 2011 @ 11:45pm

Re: IS "just a case of a fairly ignorant guy abusing the DMCA".
Spoken like someone totally ignorant of history, unintended consequences, and precedent.

Allowing any censorship of speech, especially just because someone 'doesn't like it,' inevitably leads to censorship of more speech which in all likelihood affect many others.

It's the principle behind it, and you and he are both WRONG.

How much did you earn for posting that comment?
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Manabi (profile), 8 Sep 2011 @ 1:59am

Re:
He'll probably send another one, thus opening himself up to a lawsuit. And given how much attention he's getting now, he's bound to hit some lawyer out there (if nothing else I'm betting he'll accidentally double-DMCA some lawyer who posts a video trying to explain why what he's doing is illegal). After that... well, I hope he gets sued into oblivion, probably the only way he'll learn anything sadly.
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Anonymous Coward, 8 Sep 2011 @ 6:47am

Re: Re: Masnick searches out an example of an opposing view presented by an obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid and proceeds to shred his rambling discourse. You must be very proud Mike, being able to dispatch such a form
Please. Masnick (and you as well) get punked all of the time by knowledgable people on this site. Any time you're ready Larry.
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Anonymous Coward, 8 Sep 2011 @ 8:12am

Re: Re: Willful ignorance
All the way across the internet!
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Hornblower-fan, 8 Sep 2011 @ 5:43pm

Response to: Anonymous Coward on Sep 7th, 2011 @ 2:54pm
I commend you on your perspicacity, Sir.
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Lawrence D'Oliveiro, 8 Sep 2011 @ 8:15pm

Re: Masnick searches out an example of an opposing view presented by an obviously slow-witted, possibly mentally ill, hillbilly/hippie hybrid and proceeds to shred his rambling discourse. You must be very proud Mike, being able to dispatch such a formidab
Still waiting
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Vulpis, 8 Sep 2011 @ 8:44pm

Re: Re: simply pitiful...
Really..some wheelchair-bound people (especially those who use old-school manual chairs rather than the powered ones) have *serious* upper-body strength. Pick a fistfight with one, and you will *lose*.
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