TV Network Uses Questionable Copyright Claim To Take Down Report Criticizing Its Reporting On Copyright

from the full-circle dept

Fri, Jun 15th 2012 3:41pm — Mike Masnick

TorrentFreak has the story of how media company Central European Media Enterprises apparently is using highly questionable copyright claims to censor a YouTube video of someone criticizing CEME's reporting on copyright via their BTV channel. This is happening in Bulgaria, where the company put on a TV show "investigating" two popular BitTorrent trackers, Zamunda and ArenaBG, that are based in that country. Apparently, the report was heavily biased in one direction:

The show went on to press the one-download-one-lost-sale mantra, suggested that a “3 strikes” regime should be considered to deal with infringement, and criticized local ISPs for providing high-speed connections used for pirating.

BTV also claimed to have contacted the operators of Zamunda so that their side of the story could be heard, but a source close to the site told TorrentFreak that after initially making contact and getting Zamunda’s attention (just 3 days before the show was aired), the show failed to respond to further contact from the site.

The end result, critics say, was an ‘investigative’ report biased towards rightsholders at a time when bTV is not only promoting its just-launched Voyo PPV service, but simultaneously running an anti-torrent site campaign of its own.

You can see why this might draw some criticism. Another journalist, Ivan Stamenov, did a rebuttal video, which he posted on YouTube, entitled "BTV and torrents: Shock Dose of Ignorance." BTV's response was to issue a takedown, claiming copyright. He does admit that there is a piece of the video that shows the BTV logo, but he insists that's about the only thing that might be infringing (and that would actually be trademark, not copyright). Either way, it seems pretty clear that this takedown has little to do with the copyrights (though it may have plenty to do with the fight over the concept of copyright), and was very much focused on trying to silence a critic.

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Filed Under: bittorrent, bulgaria, isp, reporting
Companies: central european media enterprises

14 Comments

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Mason Wheeler, 15 Jun 2012 @ 4:01pm

And it keeps happening.
The DMCA model is flat-out wrong. We need to stop talking about abuses of the DMCA takedown process; the process itself is an abuse of our most sacred legal traditions. It should not be possible to get anything taken down on accusation alone; we have Due Process guarantees for a good reason, which every incident like this underscores but no one talks about.

Until we repeal the DMCA itself and do away with its takedown provisions and its DRM provisions entirely, our rights will continue to be trampled under its aegis.
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PlagueSD (profile), 15 Jun 2012 @ 4:10pm

He does admit that there is a piece of the video that shows the BTV logo, but he insists that's about the only thing that might be infringing (and that would actually be trademark, not copyright).

Even with this, the courts are starting to wise up and support the first amendment. There was an article a few days ago where an artist portrayed famous scenes. The school tried to issue take downs for using the school colors on the uniforms in the paintings.

But I have to agree, copyright and trademark are 2 completly different animals...and the DMCA crap can just go away!!
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sgt_doom, 15 Jun 2012 @ 4:18pm

Frequently Asked Questions (or should be asked)
I believe this may be an appropriate time to comment on this:

Global FAQ

What was the number one ranked communications corporation in 1950?

What is the number one ranked communications corporation in 2012?

Who actually owns AT&T?

Who invites Jeff Bezos (Amazon) and Mark Zuckerberg (Facebook) to those international banker forums known as "Bilderberg forums"?

Who lobbied fervently for the passage of NAFTA?

Who lobbied for China's entrance into the WTO?

Who established banking operations in Beijing and Moscow in 1973, immediately after Nixon's trip there?

What was the name of the senator from West Virginia who was the lead in congress in the passage of the legislation granting retroactive immunity to AT&T and the telecoms?

Who wants to end any semblance of network neutrality so they can control the Internet?

What was the name of that old German pop song with the lyric,

"Rock...e...feller....Rock..e.... .Rock ...e ..feller"?
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Anonymous Coward, 15 Jun 2012 @ 4:36pm

Re: Frequently Asked Questions (or should be asked)
Don't confuse the masses with questions like that. What are you, an instigator?
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simple simon (profile), 15 Jun 2012 @ 4:40pm

Maybe We Should Call It What It Is...
I think maybe it is "Copyreich"?
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Anonymous Coward, 15 Jun 2012 @ 4:53pm

Re: And it keeps happening.
Heck, if there was any real consequence for false use of DMCA takedowns then there wouldn't be a problem. I suggest an optional $1 fee to file each DMCA takedown request otherwise a $100,000 fine for a false one.
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Mason Wheeler, 15 Jun 2012 @ 4:57pm

Re: Maybe We Should Call It What It Is...
Please, no. It's hard enough getting people to care just by presenting the facts. The last thing we need to do is ruin our credibility by way of Godwin's Law.
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Zos (profile), 15 Jun 2012 @ 5:17pm

Re: Re: And it keeps happening.
pretty sure there's no dmca in bulgaria.
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preciousillusion (profile), 15 Jun 2012 @ 7:24pm

Re: And it keeps happening.
It began in the 13th century when RIAA (Record Industry Association-of-the-Ancient) sneaked the phrase "as long as we don't feel like it" into the Magna Carta "no "freeman" could be punished except through the law of the land"
Or maybe it was just their view of the "free man" that made this whole mess possible..
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Anonymous Coward, 16 Jun 2012 @ 2:21am

'promoting its just-launched Voyo PPV service, but simultaneously running an anti-torrent site campaign of its own'

this is exactly what it's doing. condemning torrent sites whilst promoting it's own new PPV service. you know the rules. if you cant stop something by competing, by offering a better service and value to customers, spread a giant load of lies and B/S. either way, the end result needed ie, shutting down torrent sites, is achieved. typical action from the entertainment industries
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Gary, 16 Jun 2012 @ 5:07am

DMCA
Election year seems a perfect time for Wyden to introduce legislation to do away with DMCA.
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The Groove Tiger (profile), 16 Jun 2012 @ 12:49pm

Re: Re: Re: And it keeps happening.
Didn't know YouTube was based in Bulgaria.
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Anonymous Coward, 17 Jun 2012 @ 5:59am

Re: Re: And it keeps happening.
"Free man" clearly refers to gordon freeman
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Digger, 19 Jun 2012 @ 12:25pm

Re: Re: And it keeps happening.
Better yet - penalty of falsifying a copyright claim against someone - your copyright for the item in question gets released into the public domain - with no chance of appeal or reclaim - ever.

Nuke that copyright from orbit. It's the only way to be sure...
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