Infamous Viral 'Goblin Toppler' Video Taken Down In Copyright Claim

from the fair-use dept

Thu, Oct 24th 2013 8:25am — Mike Masnick

You may have heard the story of the now infamous "Goblin Valley Topplers." Some Boy Scout leaders on a trek through Goblin Valley decided to push over a "goblin" rock formation which was millions of years old, and then cheered about it. The video went viral, as did plenty of people condemning Glenn Taylor and Dave Hall (who filmed the video and posted it online). The backlash was quick. The two men were relieved of their Boy Scout leadership positions. Meanwhile, authorities (back on the job after the government shut down), began exploring possible felony charges against the men. Oh, and then it came out that just a month ago, Taylor, who is the man seen actually pushing the heavy rock off its ancient pedestal, had just filed a "personal injury" lawsuit against a woman and her father for supposedly "debilitating injuries" in from a 2009 car crash.

The father, Alan MacDonald, points out that Taylor doesn't appear to be particularly debilitated in the video, in which he climbs over rocks and then shoves the giant boulder off of where it's rested for probably a few million years:

"He's climbing over other rocks," he said, "then he lines up, gets leverage and pushes that big old rock several times before he finally pushes it over. Then he turns and twists and high-fives and yucks it up and flexes his muscles.

"He just doesn't look like a terribly disabled person to me," he said.

Taylor, when confronted by a news reporter about this, displays very little grasp of the law, weakly trying to excuse his behavior before insisting that the interview cannot be put online (that's not how it works):

"You don't seem very debilitated [on the video]," Jones said,

"You didn't see how hard I pushed," Taylor replied.

"It looked like you were pushing pretty hard," the reporter said.

"You don't have my authority to put this online, to put this on the news," Taylor said, ending the conversation.

And now, to top it all off, it would appear that Hall, who took the video, also does not have a particularly good grasp of the law. He's using copyright claims to take down as many copies of the video as he can, apparently not understanding how fair use -- especially for news reporting works. While he did film it, and likely does have the copyright, taking down the video and arguing it's a copyright violation is pretty damn questionable.

Hall would not say Wednesday what he had to do to file the copyright claim. He said he was working with an attorney, but declined to provide the attorney’s name.

The Salt Lake Tribute notes that the video had about 4.5 million views on YouTube, last they checked, though they're not sure how high it got before it got taken down. Of course, some others still have the video up, and now (of course), it's getting even more attention, thanks to the weak attempt to take it down. ~~Here's the Associated Press's version. One hopes they won't cave quickly to a bogus takedown notice.~~ We've removed the video because it refused to stop autoplaying, even though we had it set not to autoplay. Very sorry about that.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, dave hall, glenn taylor, goblin toppler, goblin valley

42 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Ninja (profile), 24 Oct 2013 @ 6:44am

Yet another anomaly. Those pesky goblins!

Commander Ootb, Saruman version: CUUURSE YOU ARAGORN MASNICK!

Ahem. I joke but at what point somebody in those barren lands we call Government will realize there needs to be ways of challenging such copyright notices and maybe add some "due process" to it?
[ link to this | view in chronology ]
Anonymous Coward, 24 Oct 2013 @ 8:38am

Can you disable the video auto-playing?
[ link to this | view in chronology ]
- Anonymous Coward, 24 Oct 2013 @ 8:40am
  
  Re:
  Install NoScript and block every-bloody-thing.
  
  Instant Internet sanity.
  [ link to this | view in chronology ]
  - Anonymous Coward, 24 Oct 2013 @ 8:41am
    
    Re: Re:
    I am assuming you are using a decent web browser.
    
    Otherwise the solution is: you are screwed.
    [ link to this | view in chronology ]
  - Anonymous Coward, 24 Oct 2013 @ 9:10am
    
    Re: Re:
    Install NoScript, AdBlock, Beef Taco, Ghostery, Calomel SSL validator, and turn them all on. Not only does this block a great deal of the crap that idiot web designers deploy these days, but it saves a lot of bandwidth. And it may save your ass from all kinds of exploits.
    [ link to this | view in chronology ]
- Doug (profile), 24 Oct 2013 @ 8:53am
  
  Second this motion!
  [ link to this | view in chronology ]
  - Doug (profile), 24 Oct 2013 @ 8:54am
    
    BTW, better to link to the video than embed it!
    [ link to this | view in chronology ]
    - Zos (profile), 24 Oct 2013 @ 9:06am
      
      Re:
      i use adblock, i usually don't bother with noscript, but techdirt doesn't normally hit us with autoplays. when it's unavoidable, in the past, they've acknowledged that it was an unavoidable dick move.
      i mean, 'm not crying about it, but i was certainly taken by surprised, and there's no need to jump down dudes throat for bringing it up.
      [ link to this | view in chronology ]
Andrew Norton (profile), 24 Oct 2013 @ 8:39am

Video BAD
The video autoplays, even if you're on the front page and haven't expanded the story. It's silent for the first 10 seconds or so, then suddenly "Wiggle it, just a little bit!" blares out.
Worse, it then goes straight onto another story (overhyped on cyberbullying) and presumably another.

Please fix it Mike!
[ link to this | view in chronology ]
- Anonymous Coward, 24 Oct 2013 @ 9:00am
  
  Re: Video BAD
  /smug asshole expression
  
  The video doesn't auto-play on my browser.
  
  You know why?
  
  /serious expression
  
  Because some years ago I decided that I would no longer be at the mercy of the whims of people that, most of the time, don't even qualify to write a document in their own mother language, much less HTML.
  
  For that reason I run Firefox (considering switching to SeaMonkey) with NoScript, Ghostery, FlashBlock, AdBlock Plus and RequestPolicy, plus a ton of other minor tweaks just to try to make the web sane again.
  
  You might think that I am crazy but it is precisely because of crap like this that my browser is built like a fortress.
  [ link to this | view in chronology ]
  - Andrew Norton (profile), 24 Oct 2013 @ 9:08am
    
    Re: Re: Video BAD
    I think you proved my point. Unless you do set your client up like that, it's bad.
    And will be for anyone else who opens the site before the story has dropped off the bottom.
    
    I wouldn't even have noticed myself, had I been at my main system, but I'm not, so I did. And this was more a request for all the others that would be annoyed by it.
    [ link to this | view in chronology ]
    - Anonymous Coward, 24 Oct 2013 @ 9:24am
      
      Re: Re: Re: Video BAD
      I wouldn't even have noticed myself, had I been at my main system, but I'm not, so I did. And this was more a request for all the others that would be annoyed by it.
      
      Same here.
      [ link to this | view in chronology ]
- Anonymous Anonymous Coward, 24 Oct 2013 @ 9:01am
  
  Re: Video BAD
  Hmmm, I cannot even see the video, and telling NoScript to temporarily allow all the page didn't help. Must be doing something else right.
  [ link to this | view in chronology ]
  - Glen, 24 Oct 2013 @ 9:11am
    
    Re: Re: Video BAD
    Is there an equivalent for Chrome? I've been looking but I'm not sure.
    [ link to this | view in chronology ]
    - vagabondo, 24 Oct 2013 @ 10:59pm
      
      Re: Re: Re: Video BAD
      @Glen
      > Is there an equivalent for Chrome?
      
      NotScript, Ghostery, and AdBlock are the best Chrome equivalents/replacements for NoScript, Ghostery, and Adblock Plus with FirefFox
      [ link to this | view in chronology ]
- This comment has been flagged by the community. Click here to show it
  
  out_of_the_blue, 24 Oct 2013 @ 9:09am
  
  Re: Video BAD -- Please fix it Mike! -- HA, HA!
  Holy cow, Mike. HALF the comments so far are to complain about you embedding the video! And one AC really has nailed it: the CRAP that smartasses force on us is ruining the net. -- That means YOU, Mike. I'm not impressed by your acumen at page design. When I drift into here testing an un-crapped-up browser, it's a horrible experience.
  
  By the way, people, use Noscript plus hosts file to block "cdn.techdirt.com" so you won't have to click to view comments the fanboys censor.
  [ link to this | view in chronology ]
- Mike Masnick (profile), 24 Oct 2013 @ 9:32am
  
  Re: Video BAD
  I removed the video. Within the embed code, it was clearly set NOT to autplay, but it apparently was ignoring that. Ridiculous. Sorry about that.
  [ link to this | view in chronology ]
  - Andrew Norton (profile), 24 Oct 2013 @ 9:40am
    
    Re: Re: Video BAD
    Cheers Mike
    [ link to this | view in chronology ]
  - Anonymous Coward, 24 Oct 2013 @ 10:11am
    
    Re: Re: Video BAD
    Thank You.
    [ link to this | view in chronology ]
  - Aaron (profile), 25 Oct 2013 @ 1:41am
    
    Re: Re: Video BAD
    Any chance we can get the link to the AP's video in the comments?
    
    Thanks!
    [ link to this | view in chronology ]
  - Zos (profile), 25 Oct 2013 @ 5:05pm
    
    Re: Re: Video BAD
    thanks mike
    [ link to this | view in chronology ]
This comment has been flagged by the community. Click here to show it

out_of_the_blue, 24 Oct 2013 @ 9:03am

What's your point? To smear copyright by association?
Heck, you even admit: "While he did film it, and likely does have the copyright," -- So, you actually know the law and support copyright (direct flames on that point to Mike, kids), and are only saying that in this anomaly, the news aspect is overwhelming besides that as a matter of fact the boob shouldn't have published it.

Nothing to do with copyright as such then, is there? Just playing to your ankle-biting piratey fanboy-trolls.
Mike is a professional troll: he has no visible purpose other than to gin up controversy to draw eyeballs.

05:03:08[g-10-8]
[ link to this | view in chronology ]
- Anonymous Coward, 24 Oct 2013 @ 9:06am
  
  Re: What's your point? To smear copyright by association?
  You don't know what an anomaly is. Give up.
  [ link to this | view in chronology ]
  - Anonymous Coward, 24 Oct 2013 @ 6:07pm
    
    Re: Re: What's your point? To smear copyright by association?
    I know what one is, it's YOU !!!
    [ link to this | view in chronology ]
- Anonymous Coward, 24 Oct 2013 @ 9:09am
  
  Re: What's your point? To smear copyright by association?
  "Mike is a professional troll: he has no visible purpose other than to gin up controversy to draw eyeballs."
  
  Says the *actual* troll, projecting and *ignoring* fair use, an actual part of copyright law.
  
  (I know, I know, don't feed them, especially after Midnight...)
  [ link to this | view in chronology ]
- Anonymous Coward, 24 Oct 2013 @ 11:38am
  
  Re: What's your point? To smear copyright by association?
  How does attempting to block the news on copyright grounds using tools that were argued were essential for copyright holders have nothing to do with copyright?
  [ link to this | view in chronology ]
  - Anonymous Coward, 24 Oct 2013 @ 5:11pm
    
    Re: Re: What's your point? To smear copyright by association?
    Blue has no concept of actual copyright law and fair use doctrine, it just wants to stab at Mike as if it actually has a valid point.
    [ link to this | view in chronology ]
Carl "Bear" Bussjaeger (profile), 24 Oct 2013 @ 9:03am

He used the wrong defense
Instead of claiming he did it for "safety", fat boy should have said he simply leaned against the rock to catch his breath and the poor punky little boulder couldn't resist his mass.

I'd have believed it. Well... sooner than I'd have believed the "safety" line of bull.
[ link to this | view in chronology ]
Michael, 24 Oct 2013 @ 10:12am

You don't have my authority to put this online, to put this on the news

Anyone else unable to read that is a voice other than Cartman's?
[ link to this | view in chronology ]
Anonymous Coward, 24 Oct 2013 @ 10:22am

And the ridiculously stupid arm of the law just keeps getting more ridiculous. Felony charges for moving a rock which any extremely small earthquake would have moved anyway.

USA, keep making the world proud. We're loving it.
[ link to this | view in chronology ]
- Anonymous Coward, 24 Oct 2013 @ 10:41am
  
  Re:
  If "any extremely small earthquake would have moved anyway", how come the rock formation lasted so long?
  [ link to this | view in chronology ]
  - Anonymous Coward, 24 Oct 2013 @ 10:51am
    
    Re: Re:
    Don't worry, this idiot and the idiot that pushed over the rock probably don't even believe the world is older than 6000 years. So to them a 170million year old rock is just a bunch of BS.
    [ link to this | view in chronology ]
    - Anonymous Coward, 24 Oct 2013 @ 12:32pm
      
      Re: Re: Re:
      Now I'm even more worried...
      [ link to this | view in chronology ]
  - Hosey, 24 Oct 2013 @ 10:58am
    
    Re: Re:
    Exactly. Utah experiences around 700 earthquakes every year. It is earthquake country.
    
    In fact, they've already had 4 today.
    
    So no, this is not an example of overreach by law enforcement. These morons took pride in defacing a state park and they should be punished.
    [ link to this | view in chronology ]
- btr1701 (profile), 24 Oct 2013 @ 11:07am
  
  Re:
  > And the ridiculously stupid arm of the law
  > just keeps getting more ridiculous. Felony
  > charges for moving a rock which any extremely
  > small earthquake would have moved anyway.
  
  Using that dubious logic, people should be free to chip off souvenirs from the faces on Mount Rushmore. After all, nature will weather them away in 100 million years anyway, so what's the big deal?
  [ link to this | view in chronology ]
  - Zaphod, 24 Oct 2013 @ 11:57am
    
    Re: Re:
    Jefferson's nose would look cool in my rock garden....
    [ link to this | view in chronology ]
  - Gwiz (profile), 24 Oct 2013 @ 2:26pm
    
    Re: Re:
    Nah, we shouldn't allow that. Mount Rushmore is pretty awesome.
    
    But that huge frickin' hole in Arizona should be filled in before someone falls into it.
    [ link to this | view in chronology ]
- Anonymous Coward, 24 Oct 2013 @ 11:40am
  
  Re:
  Enforcing property rights is stupid?
  [ link to this | view in chronology ]
- Some Canuck, 24 Oct 2013 @ 12:40pm
  
  Re:
  I'm sure if the rock was featured in a movie or the sound of the rock hitting the ground was featured in a song, that the MPAA/RIAA would be trying to sue the guy for 100 million dollars in copyright infringement and that would be worthy of felony charges! =P
  [ link to this | view in chronology ]
Doug Wack, 24 Oct 2013 @ 11:43am

Some people are just idiots when it comes to the law.
[ link to this | view in chronology ]
Adam, 24 Oct 2013 @ 2:54pm

Wait these guys were scout leaders??? I hope they both face felony charges. I'm an eagle scout and sure I've done some pretty dumb stuff in the woods while intoxicated, but I'm pretty sure that BSA still teaches the same camping method of leave no trace. Always leave a campsite, hiking trail, lake, etc., better than how you found it.
[ link to this | view in chronology ]
Anonymous Coward, 24 Oct 2013 @ 6:13pm

lets hope they get lots of prison time
15 to 20 years would be sufficient, or 10% of the time the formation existed before they destroyed it. which ever is the longer.
[ link to this | view in chronology ]