[Hpr] Should we reject a show with copyrighted fair use clips in it ?

dosman dosman at packetsniffers.org
Thu May 23 07:53:06 PDT 2019


Does anyone have an example where a DMCA takedown notice resulted in anything more than emotional aggravation (assuming immediate compliance with the notice)?

Ken’s the one who would have to deal with any fallout, so really it’s his call. At the same time, considering all the egregious copyright violations myself and others who contributed to TWaT and The Packet Sniffers committed which have gone un-noticed for over a decade, this seems like a mountain made out of a mole hill. But then again I haven’t heard the offending program so this may be a wholly uninformed opinion.

This is my 2 cents, please choose to disregard at will. Thanks,
-dosman



> On May 23, 2019, at 8:21 AM, Kevin O'Brien <zwilnik at zwilnik.com> wrote:
> 
> It violates the policy, so I would reject it. You have to pick your battles, and I don't see why it is important for HPR to potentially get into a copyright dispute. Fair Use is not, in the U.S., a right recognized by any statute. It is best understood as "the right to hire a lawyer". And the very fact that it has been brought up for discussion may invalidate the "safe harbor" defense since there is no way you could claim you were unaware of the copyright violation.
> 
> Regards,
> 
> 
> --
> Kevin B. O'Brien
> z <mailto:ahuka5656 at gmail.com>wilnik at zwilnik.com <mailto:wilnik at zwilnik.com>
> http://google.me/+kevinobrien <http://google.me/+kevinobrien>
> http://www.google.com/profiles/Ahuka5656 <http://www.google.com/profiles/Ahuka5656>
> http://about.me/zwilnik <http://about.me/zwilnik>
> “People shouldn't be afraid of their government. Governments should be afraid of their people.” - Alan Moore, V for Vendetta
> 
> Public Key = F6283E7A <https://pgp.mit.edu/>
> 
> 
> 
> On Thu, May 23, 2019 at 4:50 AM Ken Fallon <ken at fallon.ie <mailto:ken at fallon.ie>> wrote:
> Hi All,
> 
> Under safe harbor provisions, we as volunteers are usually insulated
> from any copyright issues that may arise in the shows. "We do not vet,
> edit, moderate or in any way censor any of the shows on the network, we
> trust you to do that."
> 
> This we got by accident because "This is a long standing tradition
> arising from the fact that HPR is a community of peers who believe that
> any host has as much right to submit shows as any other."
> http://hackerpublicradio.org/stuff_you_need_to_know.php#not_moderated <http://hackerpublicradio.org/stuff_you_need_to_know.php#not_moderated>
> 
> In the show notes associated with hpr2829 on 2019-06-06, the host
> included the following text "For all included materials: If anyone feels
> they have right to any material in this show please let me know and I
> will comply."
> 
> This violates the HPR upload policy
> http://hackerpublicradio.org/stuff_you_need_to_know.php#permission <http://hackerpublicradio.org/stuff_you_need_to_know.php#permission>
> 
> "Never include content, for example music, in your show that you do not
> have permission to redistribute. Try to avoid using any content in your
> show that can not be redistributed under a Creative Commons
> Attribution-ShareAlike 3.0 Unported license. If you are redistributing
> under another Creative Commons License or by arranged permission please
> make note of the restrictions when you upload your show. We can then
> signal that, so that others who redistribute HPR content can filter your
> show out."
> 
> As it was clear that they were not in compliance, I contacted the host.
> The host has been very helpful and has already removed some of the
> content but commented "There are still 2 audio clips included. I claim I
> can use them on the basis off fair use principles."
> 
> While the host may be correct, if they are not, then it is me and not
> the host that will be held responsible for posting it. I do not want
> that responsibility.
> 
> Under the current HPR rules I am allowed to reject this submission.
> 
> Before I do, I would appreciate as much feedback as possible on this
> topic so that we can gauge the opinions of the HPR Community as a whole.
> 
> --
> Regards,
> 
> Ken Fallon
> http://kenfallon.com <http://kenfallon.com/>
> http://hackerpublicradio.org/correspondents.php?hostid=30 <http://hackerpublicradio.org/correspondents.php?hostid=30>
> 
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