[videoblogging] Re: my video got taken off archive

2005-12-03 Thread Eric Rice
Sadly, yes. Grab a copy of Darknet by J.D. Lasica. It's the textbook for the 
future if you're 
into this space. The world we live in now, is quirky. Here's hoping it will 
evolve.

ER
ericrice.com :: audioblog.com :: castella.jp

--- In videoblogging@yahoogroups.com, Wong Teck Jung <[EMAIL PROTECTED]> wrote:
>
> even if we help to promote the song also violating the copyright?
> 
> On 12/3/05, Randolfe Wicker <[EMAIL PROTECTED]> wrote:
> >
> > "if i do a video
> > blog in my car and the radio has a song on is that a copy rite isue??"
> >
> > *Actually, you violate copyright when you have a song playing on the radio
> > in your car while doing a vlog. You violate copyright when you film in a bar
> > and an annoying bothersome boombox is playing in the background.*
> > **
> > *You won't have any problems just vlogging such stuff.  However, if you
> > wanted to turn your vlogs into some sort of theatrical release, you would
> > have all sorts of copyright conflicts.*
> > **
> >
> > Randolfe (Randy) Wicker
> >
> > Videographer, Writer, Activist
> > Advisor: The Immortality Institute
> > Hoboken, NJ
> > http://www.randywickerreporting.blogspot.com/
> > 201-656-3280
> >
> >
> >
> > ----- Original Message -
> > *From:* Randy Mann <[EMAIL PROTECTED]>
> > *To:* videoblogging@yahoogroups.com
> > *Sent:* Friday, December 02, 2005 6:41 AM
> > *Subject:* RE: [videoblogging] Re: my video got taken off archive
> >
> > if that is the case, then what happens when sony gets mad at me for
> > smashing
> > one of there tvs and calling it crap. would that be a trade mark issue??
> > if
> > im wearing a nike shirt does that make my video a tm issue?? if i do a
> > video
> > blog in my car and the radio has a song on is that a copy rite isue??
> >
> > i think it should be like this she bought the doll. its hers.
> >
> > i liked the video
> >
> > randy
> > averrycoollifeblog.blogspot.com
> >
> >
> > >From: "Bill Streeter" <[EMAIL PROTECTED]>
> > >Reply-To: videoblogging@yahoogroups.com
> > >To: videoblogging@yahoogroups.com
> > >Subject: [videoblogging] Re: my video got taken off archive
> > >Date: Thu, 01 Dec 2005 13:38:34 -
> > >
> > >I don't think the issue with Barbie is copyright. I think it's a trade
> > >mark issue. And trademarks a quite a bit different than copyright
> > >under the law. Under copyright (which is registered with the Library
> > >of Congress, in the US--although it needn't be to be legal) you own it
> > >no matter what unless you overtly give it up.
> > >
> > >Trademarks are different. Trademarks need to be protected to remain
> > >your property. So if someone starts to use your Trademark and you
> > >don't do due diligence to stop it, then the Trademark can cease to be
> > >your trademark and become a generic mark that anyone can use. Thus
> > >explains why companies so jealously guard against infringement of
> > >their trademark. Because under law if they don't they can loose them.
> > >
> > >So no doubt this was an issue of not just copyright but also of
> > >trademark.
> > >
> > >Bill Streeter
> > >LO-FI SAINT LOUIS
> > >www.lofistl.com
> > >
> > >--- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]>
> > >wrote:
> > > >
> > > > I concede the point.  I didn't know that infringement of Barbie's
> > >copyright would be the real issue.  But, even on that level, I wonder
> > >if an argument couldn't be made for setting up some site in China or
> > >somewhere that was really free of "copyright" constraints.
> > > >
> > > > I understand people deserve to be paid for their work and what they
> > >own, etc.  However, in this case, there was no financial gain being
> > >made.  Barbie was being used to make a political statement (against
> > >men in my opinion) and therefore should be a legitimate target for
> > >parody like any celebrity.
> > > >
> > > >
> > > > Randolfe (Randy) Wicker
> > > >
> > > > Videographer, Writer, Activist
> > > > Advisor: The Immortality Institute
> > > > Hoboken, NJ
> > > > http://www.randywickerreporting.blogspot.com/
> > > > 201-656-3280
> > > >
> > > >
> > 

Re: [videoblogging] Re: my video got taken off archive

2005-12-02 Thread Wong Teck Jung



even if we help to promote the song also violating the copyright?On 12/3/05, Randolfe Wicker <[EMAIL PROTECTED]
> wrote:








"if i do a video 
blog in my car and the radio has a song on is that a copy rite 
isue??"
 
Actually, you violate copyright when you 
have a song playing on the radio in your car while doing a vlog. You violate 
copyright when you film in a bar and an annoying bothersome boombox is playing 
in the background.
 
You won't have any problems just vlogging 
such stuff.  However, if you wanted to turn your vlogs into some sort of 
theatrical release, you would have all sorts of copyright 
conflicts.
 
 
Randolfe (Randy) Wicker
 
Videographer, Writer, ActivistAdvisor: The Immortality 
InstituteHoboken, NJhttp://www.randywickerreporting.blogspot.com/201-656-3280

 
 

  - Original Message - 
  
From: 
  Randy 
  Mann 
  To: 
videoblogging@yahoogroups.com 
  
  Sent: Friday, December 02, 2005 6:41 
  AM
  Subject: RE: [videoblogging] Re: my video 
  got taken off archive
  if that is the case, then what happens when sony gets mad 
  at me for smashing one of there tvs and calling it crap. would that be a 
  trade mark issue?? if im wearing a nike shirt does that make my video a tm 
  issue?? if i do a video blog in my car and the radio has a song on is that 
  a copy rite isue??i think it should be like this she bought the doll. 
  its hers.i liked the 
  videorandyaverrycoollifeblog.blogspot.com>From: 
  "Bill Streeter" <[EMAIL PROTECTED]>>Reply-To: 
  videoblogging@yahoogroups.com>To: 
  videoblogging@yahoogroups.com>Subject: [videoblogging] Re: my video got 
  taken off archive>Date: Thu, 01 Dec 2005 13:38:34 
  ->>I don't think the issue with Barbie is copyright. I think 
  it's a trade>mark issue. And trademarks a quite a bit different than 
  copyright>under the law. Under copyright (which is registered with the 
  Library>of Congress, in the US--although it needn't be to be legal) you 
  own it>no matter what unless you overtly give it 
  up.>>Trademarks are different. Trademarks need to be protected 
  to remain>your property. So if someone starts to use your Trademark and 
  you>don't do due diligence to stop it, then the Trademark can cease to 
  be>your trademark and become a generic mark that anyone can use. 
  Thus>explains why companies so jealously guard against infringement 
  of>their trademark. Because under law if they don't they can loose 
  them.>>So no doubt this was an issue of not just copyright but 
  also of>trademark.>>Bill Streeter>LO-FI SAINT 
  LOUIS>www.lofistl.com>>--- In 
  videoblogging@yahoogroups.com, Randolfe Wicker 
  <[EMAIL PROTECTED]>>wrote:> >> > I concede the 
  point.  I didn't know that infringement of Barbie's>copyright 
  would be the real issue.  But, even on that level, I wonder>if an 
  argument couldn't be made for setting up some site in China 
  or>somewhere that was really free of "copyright" constraints.> 
  >> > I understand people deserve to be paid for their work and 
  what they>own, etc.  However, in this case, there was no financial 
  gain being>made.  Barbie was being used to make a political 
  statement (against>men in my opinion) and therefore should be a 
  legitimate target for>parody like any celebrity.> >> 
  >> > Randolfe (Randy) Wicker> >> > 
  Videographer, Writer, Activist> > Advisor: The Immortality 
  Institute> > Hoboken, NJ> > http://www.randywickerreporting.blogspot.com/
> 
  > 201-656-3280> >> >> >   - 
  Original Message -> >   From: Steve Watkins> 
  >   To: videoblogging@yahoogroups.com> >   
  Sent: Wednesday, November 30, 2005 5:58 PM> >   Subject: 
  [videoblogging] Re: my video got taken off archive> >> 
  >> >   Archive.org's aims to capture history do not 
  mean they can afford to> >   pretend their are no laws 
  that may affect the content they can legally> >   
  host.> >> >   The internet would be very 
  different today if all the laws in all> >   countries were 
  always followed to the letter. Clearly that doesnt> >   
  happen, but responsible sites that dont want to lose all their money> 
  >   in court have to do some sort of risk assessment. In a case 
  where> >   theres already been legal action against a very 
  similar type of video,> >   I think its easy to see why 
  they may of decided it wasnt worth it.> >> >   A 
  possible justification could go along the lines of 'would you rather> 
  >   us ditch a small part of history or have us lose the entire 
  archive> >   due to the cost of fighting 
  lawsuits'?> >> >   Of course

Re: [videoblogging] Re: my video got taken off archive

2005-12-02 Thread Randolfe Wicker





"if i do a video 
blog in my car and the radio has a song on is that a copy rite 
isue??"
 
Actually, you violate copyright when you 
have a song playing on the radio in your car while doing a vlog. You violate 
copyright when you film in a bar and an annoying bothersome boombox is playing 
in the background.
 
You won't have any problems just vlogging 
such stuff.  However, if you wanted to turn your vlogs into some sort of 
theatrical release, you would have all sorts of copyright 
conflicts.
 
 
Randolfe (Randy) Wicker
 
Videographer, Writer, ActivistAdvisor: The Immortality 
InstituteHoboken, NJhttp://www.randywickerreporting.blogspot.com/201-656-3280
 
 

  - Original Message - 
  From: 
  Randy 
  Mann 
  To: videoblogging@yahoogroups.com 
  
  Sent: Friday, December 02, 2005 6:41 
  AM
  Subject: RE: [videoblogging] Re: my video 
  got taken off archive
  if that is the case, then what happens when sony gets mad 
  at me for smashing one of there tvs and calling it crap. would that be a 
  trade mark issue?? if im wearing a nike shirt does that make my video a tm 
  issue?? if i do a video blog in my car and the radio has a song on is that 
  a copy rite isue??i think it should be like this she bought the doll. 
  its hers.i liked the 
  videorandyaverrycoollifeblog.blogspot.com>From: 
  "Bill Streeter" <[EMAIL PROTECTED]>>Reply-To: 
  videoblogging@yahoogroups.com>To: 
  videoblogging@yahoogroups.com>Subject: [videoblogging] Re: my video got 
  taken off archive>Date: Thu, 01 Dec 2005 13:38:34 
  ->>I don't think the issue with Barbie is copyright. I think 
  it's a trade>mark issue. And trademarks a quite a bit different than 
  copyright>under the law. Under copyright (which is registered with the 
  Library>of Congress, in the US--although it needn't be to be legal) you 
  own it>no matter what unless you overtly give it 
  up.>>Trademarks are different. Trademarks need to be protected 
  to remain>your property. So if someone starts to use your Trademark and 
  you>don't do due diligence to stop it, then the Trademark can cease to 
  be>your trademark and become a generic mark that anyone can use. 
  Thus>explains why companies so jealously guard against infringement 
  of>their trademark. Because under law if they don't they can loose 
  them.>>So no doubt this was an issue of not just copyright but 
  also of>trademark.>>Bill Streeter>LO-FI SAINT 
  LOUIS>www.lofistl.com>>--- In 
  videoblogging@yahoogroups.com, Randolfe Wicker 
  <[EMAIL PROTECTED]>>wrote:> >> > I concede the 
  point.  I didn't know that infringement of Barbie's>copyright 
  would be the real issue.  But, even on that level, I wonder>if an 
  argument couldn't be made for setting up some site in China 
  or>somewhere that was really free of "copyright" constraints.> 
  >> > I understand people deserve to be paid for their work and 
  what they>own, etc.  However, in this case, there was no financial 
  gain being>made.  Barbie was being used to make a political 
  statement (against>men in my opinion) and therefore should be a 
  legitimate target for>parody like any celebrity.> >> 
  >> > Randolfe (Randy) Wicker> >> > 
  Videographer, Writer, Activist> > Advisor: The Immortality 
  Institute> > Hoboken, NJ> > http://www.randywickerreporting.blogspot.com/> 
  > 201-656-3280> >> >> >   - 
  Original Message -> >   From: Steve Watkins> 
  >   To: videoblogging@yahoogroups.com> >   
  Sent: Wednesday, November 30, 2005 5:58 PM> >   Subject: 
  [videoblogging] Re: my video got taken off archive> >> 
  >> >   Archive.org's aims to capture history do not 
  mean they can afford to> >   pretend their are no laws 
  that may affect the content they can legally> >   
  host.> >> >   The internet would be very 
  different today if all the laws in all> >   countries were 
  always followed to the letter. Clearly that doesnt> >   
  happen, but responsible sites that dont want to lose all their money> 
  >   in court have to do some sort of risk assessment. In a case 
  where> >   theres already been legal action against a very 
  similar type of video,> >   I think its easy to see why 
  they may of decided it wasnt worth it.> >> >   A 
  possible justification could go along the lines of 'would you rather> 
  >   us ditch a small part of history or have us lose the entire 
  archive> >   due to the cost of fighting 
  lawsuits'?> >> >   Of course all this is just 
  speculation, I have no idea why that video> >   actually 
  was removed or the though processes behind t

Re: [videoblogging] Re: my video got taken off archive

2005-12-02 Thread Michael Ridley



On 12/2/05, Randy Mann <[EMAIL PROTECTED]> wrote:




if that is the case, then what happens when sony gets mad at me for smashing 
one of there tvs and calling it crap. would that be a trade mark issue?? No, although depending on your characterization if it as "crap" it may be slander or defamation if your comments are factually untrue. 
if 
im wearing a nike shirt does that make my video a tm issue?Depends on if a viewer of your video would construe that video to have been made or approved of by Nike as some sort of official communication.
 if i do a video 
blog in my car and the radio has a song on is that a copy rite isue??Yes it is. | i think it should be like this she bought the doll. its hers.Yeah unfortunately the law doesn't necessarily take "common sense" into account.
-m

i liked the video

randy
averrycoollifeblog.blogspot.com


>From: "Bill Streeter" <[EMAIL PROTECTED]>
>Reply-To: videoblogging@yahoogroups.com
>To: videoblogging@yahoogroups.com
>Subject: [videoblogging] Re: my video got taken off archive
>Date: Thu, 01 Dec 2005 13:38:34 -
>
>I don't think the issue with Barbie is copyright. I think it's a trade
>mark issue. And trademarks a quite a bit different than copyright
>under the law. Under copyright (which is registered with the Library
>of Congress, in the US--although it needn't be to be legal) you own it
>no matter what unless you overtly give it up.
>
>Trademarks are different. Trademarks need to be protected to remain
>your property. So if someone starts to use your Trademark and you
>don't do due diligence to stop it, then the Trademark can cease to be
>your trademark and become a generic mark that anyone can use. Thus
>explains why companies so jealously guard against infringement of
>their trademark. Because under law if they don't they can loose them.
>
>So no doubt this was an issue of not just copyright but also of
>trademark.
>
>Bill Streeter
>LO-FI SAINT LOUIS
>www.lofistl.com
>
>--- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]>
>wrote:
> >
> > I concede the point.  I didn't know that infringement of Barbie's
>copyright would be the real issue.  But, even on that level, I wonder
>if an argument couldn't be made for setting up some site in China or
>somewhere that was really free of "copyright" constraints.
> >
> > I understand people deserve to be paid for their work and what they
>own, etc.  However, in this case, there was no financial gain being
>made.  Barbie was being used to make a political statement (against
>men in my opinion) and therefore should be a legitimate target for
>parody like any celebrity.
> >
> >
> > Randolfe (Randy) Wicker
> >
> > Videographer, Writer, Activist
> > Advisor: The Immortality Institute
> > Hoboken, NJ
> > http://www.randywickerreporting.blogspot.com/
> > 201-656-3280
> >
> >
> >   - Original Message -
> >   From: Steve Watkins
> >   To: videoblogging@yahoogroups.com
> >   Sent: Wednesday, November 30, 2005 5:58 PM
> >   Subject: [videoblogging] Re: my video got taken off archive
> >
> >
> >   Archive.org's aims to capture history do not mean they can afford to
> >   pretend their are no laws that may affect the content they can legally
> >   host.
> >
> >   The internet would be very different today if all the laws in all
> >   countries were always followed to the letter. Clearly that doesnt
> >   happen, but responsible sites that dont want to lose all their money
> >   in court have to do some sort of risk assessment. In a case where
> >   theres already been legal action against a very similar type of video,
> >   I think its easy to see why they may of decided it wasnt worth it.
> >
> >   A possible justification could go along the lines of 'would you rather
> >   us ditch a small part of history or have us lose the entire archive
> >   due to the cost of fighting lawsuits'?
> >
> >   Of course all this is just speculation, I have no idea why that video
> >   actually was removed or the though processes behind the decision.
> >
> >   Steve of Elbows
> >
> >   --- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]>
> >   wrote:
> >   >
> >   > Is this the "Internet Archive" that claims to be capturing "the
> >   history of our day?"  Aren't sexual issues part of that history?
> >   > It is really outrageous that they took your vlog off.  And, I say
> >   that, as someone who doesn't fully agree with your viewpoint.
> &g

RE: [videoblogging] Re: my video got taken off archive

2005-12-02 Thread Randy Mann
if that is the case, then what happens when sony gets mad at me for smashing 
one of there tvs and calling it crap. would that be a trade mark issue?? if 
im wearing a nike shirt does that make my video a tm issue?? if i do a video 
blog in my car and the radio has a song on is that a copy rite isue??

i think it should be like this she bought the doll. its hers.

i liked the video

randy
averrycoollifeblog.blogspot.com


>From: "Bill Streeter" <[EMAIL PROTECTED]>
>Reply-To: videoblogging@yahoogroups.com
>To: videoblogging@yahoogroups.com
>Subject: [videoblogging] Re: my video got taken off archive
>Date: Thu, 01 Dec 2005 13:38:34 -
>
>I don't think the issue with Barbie is copyright. I think it's a trade
>mark issue. And trademarks a quite a bit different than copyright
>under the law. Under copyright (which is registered with the Library
>of Congress, in the US--although it needn't be to be legal) you own it
>no matter what unless you overtly give it up.
>
>Trademarks are different. Trademarks need to be protected to remain
>your property. So if someone starts to use your Trademark and you
>don't do due diligence to stop it, then the Trademark can cease to be
>your trademark and become a generic mark that anyone can use. Thus
>explains why companies so jealously guard against infringement of
>their trademark. Because under law if they don't they can loose them.
>
>So no doubt this was an issue of not just copyright but also of
>trademark.
>
>Bill Streeter
>LO-FI SAINT LOUIS
>www.lofistl.com
>
>--- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]>
>wrote:
> >
> > I concede the point.  I didn't know that infringement of Barbie's
>copyright would be the real issue.  But, even on that level, I wonder
>if an argument couldn't be made for setting up some site in China or
>somewhere that was really free of "copyright" constraints.
> >
> > I understand people deserve to be paid for their work and what they
>own, etc.  However, in this case, there was no financial gain being
>made.  Barbie was being used to make a political statement (against
>men in my opinion) and therefore should be a legitimate target for
>parody like any celebrity.
> >
> >
> > Randolfe (Randy) Wicker
> >
> > Videographer, Writer, Activist
> > Advisor: The Immortality Institute
> > Hoboken, NJ
> > http://www.randywickerreporting.blogspot.com/
> > 201-656-3280
> >
> >
> >   - Original Message -
> >   From: Steve Watkins
> >   To: videoblogging@yahoogroups.com
> >   Sent: Wednesday, November 30, 2005 5:58 PM
> >   Subject: [videoblogging] Re: my video got taken off archive
> >
> >
> >   Archive.org's aims to capture history do not mean they can afford to
> >   pretend their are no laws that may affect the content they can legally
> >   host.
> >
> >   The internet would be very different today if all the laws in all
> >   countries were always followed to the letter. Clearly that doesnt
> >   happen, but responsible sites that dont want to lose all their money
> >   in court have to do some sort of risk assessment. In a case where
> >   theres already been legal action against a very similar type of video,
> >   I think its easy to see why they may of decided it wasnt worth it.
> >
> >   A possible justification could go along the lines of 'would you rather
> >   us ditch a small part of history or have us lose the entire archive
> >   due to the cost of fighting lawsuits'?
> >
> >   Of course all this is just speculation, I have no idea why that video
> >   actually was removed or the though processes behind the decision.
> >
> >   Steve of Elbows
> >
> >   --- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]>
> >   wrote:
> >   >
> >   > Is this the "Internet Archive" that claims to be capturing "the
> >   history of our day?"  Aren't sexual issues part of that history?
> >   > It is really outrageous that they took your vlog off.  And, I say
> >   that, as someone who doesn't fully agree with your viewpoint.
> >   >
> >   > Actually, I watched this vlog and I felt it treated men unfairly.
> >   It made me mad.  That is good.  Something that provokes you and
> >   challenges you to think is good whether you like it or not.
> >   >
> >   > Randolfe (Randy) Wicker
> >   >
> >   > Videographer, Writer, Activist
> >   > Advisor: The Immortality Institute
> >   > Hoboken, NJ
> 

[videoblogging] Re: my video got taken off archive

2005-12-01 Thread Bill Streeter
I don't think the issue with Barbie is copyright. I think it's a trade
mark issue. And trademarks a quite a bit different than copyright
under the law. Under copyright (which is registered with the Library
of Congress, in the US--although it needn't be to be legal) you own it
no matter what unless you overtly give it up. 

Trademarks are different. Trademarks need to be protected to remain
your property. So if someone starts to use your Trademark and you
don't do due diligence to stop it, then the Trademark can cease to be
your trademark and become a generic mark that anyone can use. Thus
explains why companies so jealously guard against infringement of
their trademark. Because under law if they don't they can loose them.

So no doubt this was an issue of not just copyright but also of
trademark. 

Bill Streeter
LO-FI SAINT LOUIS
www.lofistl.com

--- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]>
wrote:
>
> I concede the point.  I didn't know that infringement of Barbie's
copyright would be the real issue.  But, even on that level, I wonder
if an argument couldn't be made for setting up some site in China or
somewhere that was really free of "copyright" constraints.
> 
> I understand people deserve to be paid for their work and what they
own, etc.  However, in this case, there was no financial gain being
made.  Barbie was being used to make a political statement (against
men in my opinion) and therefore should be a legitimate target for
parody like any celebrity.
> 
> 
> Randolfe (Randy) Wicker
> 
> Videographer, Writer, Activist
> Advisor: The Immortality Institute
> Hoboken, NJ
> http://www.randywickerreporting.blogspot.com/
> 201-656-3280
> 
> 
>   - Original Message - 
>   From: Steve Watkins 
>   To: videoblogging@yahoogroups.com 
>   Sent: Wednesday, November 30, 2005 5:58 PM
>   Subject: [videoblogging] Re: my video got taken off archive
> 
> 
>   Archive.org's aims to capture history do not mean they can afford to
>   pretend their are no laws that may affect the content they can legally
>   host. 
> 
>   The internet would be very different today if all the laws in all
>   countries were always followed to the letter. Clearly that doesnt
>   happen, but responsible sites that dont want to lose all their money
>   in court have to do some sort of risk assessment. In a case where
>   theres already been legal action against a very similar type of video,
>   I think its easy to see why they may of decided it wasnt worth it.
> 
>   A possible justification could go along the lines of 'would you rather
>   us ditch a small part of history or have us lose the entire archive
>   due to the cost of fighting lawsuits'?
> 
>   Of course all this is just speculation, I have no idea why that video
>   actually was removed or the though processes behind the decision.
> 
>   Steve of Elbows
> 
>   --- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]>
>   wrote:
>   >
>   > Is this the "Internet Archive" that claims to be capturing "the
>   history of our day?"  Aren't sexual issues part of that history?
>   > It is really outrageous that they took your vlog off.  And, I say
>   that, as someone who doesn't fully agree with your viewpoint.  
>   > 
>   > Actually, I watched this vlog and I felt it treated men unfairly. 
>   It made me mad.  That is good.  Something that provokes you and
>   challenges you to think is good whether you like it or not.
>   > 
>   > Randolfe (Randy) Wicker
>   > 
>   > Videographer, Writer, Activist
>   > Advisor: The Immortality Institute
>   > Hoboken, NJ
>   > http://www.randywickerreporting.blogspot.com/
>   > 201-656-3280
>   > 
>   > 
>   >   - Original Message - 
>   >   From: Aimee Buyea 
>   >   To: videoblogging@yahoogroups.com 
>   >   Sent: Tuesday, November 29, 2005 5:09 PM
>   >   Subject: [videoblogging] my video got taken off archive
>   > 
>   > 
>   >   well i guess my work on gender issues is a little too
>   >   provocative.
>   > 
>   > 
>   >   "Dear Patron:
>   > 
>   >   You recently uploaded an item to one of our
>   >   collections. Curators had
>   >   to remove it, possibly due to one of the following
>   >   reasons:
>   > 
>   >   -Rights status unclear
>   >   -Rights status appears inappropriate for our
>   >   collections
>   >   -Inappropriate content (eg, pornography)
>   >   -Uploader requested the removal
>   >   -Item content was empty or broken
>   > 
>   >   Although we appre

Re: [videoblogging] Re: my video got taken off archive

2005-12-01 Thread Andreas Haugstrup Pedersen
Fair Use related to Copyright Law, not Trademark Law.

- Andreas

On Thu, 01 Dec 2005 11:49:35 +0100, Joan Khoo <[EMAIL PROTECTED]> wrote:

> I would think that it would be fair use. But Mattel seems lawsuit-happy  
> so I
> wouldn't risk it. It really turned me off Barbies to read up on all those
> lawsuits. They seem to have a lousy sense of humour.
> Joan
>
>
>
>
>
> On 12/1/05, Michael Ridley <[EMAIL PROTECTED]> wrote:
>>
>> I'm not an IP attorney but I wonder if using Barbie dolls in stop motion
>> is really a trademark infringement...I would think not.  Especially in  
>> light
>> of the MCA case, but even more generally...I'm not at all sure that that
>> would be infringing.  I have a pretty good understanding of US copyright
>> law, but I guess my trademark knowledge is a little spotty in this area.
>> I'd be interested to hear from anyone who does have an IP law  
>> background.
>>
>> In any case, including a Peaches track would be a non-starter (from a
>> copyright distribution perspective).
>>



-- 
http://www.solitude.dk/>
Commentary on media, communication, culture and technology.


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Re: [videoblogging] Re: my video got taken off archive

2005-12-01 Thread Joan Khoo



I would think that it would be fair use. But Mattel seems lawsuit-happy so I wouldn't risk it. It really turned me off Barbies to read up on all those lawsuits. They seem to have a lousy sense of humour.
Joan
 
 
 
On 12/1/05, Michael Ridley <[EMAIL PROTECTED]> wrote:
I'm not an IP attorney but I wonder if using Barbie dolls in stop motion is really a trademark infringement...I would think not.  Especially in light of the MCA case, but even more generally...I'm not at all sure that that would be infringing.  I have a pretty good understanding of US copyright law, but I guess my trademark knowledge is a little spotty in this area.  I'd be interested to hear from anyone who does have an IP law background. 
In any case, including a Peaches track would be a non-starter (from a copyright distribution perspective).


  




  
  
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Re: [videoblogging] Re: my video got taken off archive

2005-11-30 Thread Michael Ridley



I'm not an IP attorney but I wonder if using Barbie dolls in stop motion is really a trademark infringement...I would think not.  Especially in light of the MCA case, but even more generally...I'm not at all sure that that would be infringing.  I have a pretty good understanding of US copyright law, but I guess my trademark knowledge is a little spotty in this area.  I'd be interested to hear from anyone who does have an IP law background.
In any case, including a Peaches track would be a non-starter (from a copyright distribution perspective).-mOn 12/1/05, Lucas Gonze <
[EMAIL PROTECTED]> wrote:



There are three issues --

That Peaches number is definitely unauthorized.
The sexual content is going to piss some people off.
Barbie is a fiercely protected trademark.

The Peaches issue is a good enough reason to bounce it, add in the
other two issues and it's an obvious choice.






  
  
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Re: [videoblogging] Re: my video got taken off archive

2005-11-30 Thread Ronen



Archive.org will pull content which may be a copyright issue based on protest.

(Specific proof / discourse not required)On 12/1/05, Lucas Gonze <[EMAIL PROTECTED]> wrote:




There are three issues --

That Peaches number is definitely unauthorized.
The sexual content is going to piss some people off.
Barbie is a fiercely protected trademark.

The Peaches issue is a good enough reason to bounce it, add in the
other two issues and it's an obvious choice.






  
  
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Re: [videoblogging] Re: my video got taken off archive

2005-11-30 Thread Lucas Gonze
There are three issues --

That Peaches number is definitely unauthorized.
The sexual content is going to piss some people off.
Barbie is a fiercely protected trademark.

The Peaches issue is a good enough reason to bounce it, add in the
other two issues and it's an obvious choice.


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Re: [videoblogging] Re: my video got taken off archive

2005-11-30 Thread Randolfe Wicker





I concede the point.  I didn't know that 
infringement of Barbie's copyright would be the real issue.  But, even on 
that level, I wonder if an argument couldn't be made for setting up some site in 
China or somewhere that was really free of "copyright" constraints.
 
I understand people deserve to be paid for their 
work and what they own, etc.  However, in this case, there was no financial 
gain being made.  Barbie was being used to make a political statement 
(against men in my opinion) and therefore should be a legitimate target for 
parody like any celebrity.
 
 
Randolfe (Randy) Wicker
 
Videographer, Writer, ActivistAdvisor: The Immortality 
InstituteHoboken, NJhttp://www.randywickerreporting.blogspot.com/201-656-3280
 
 

  - Original Message - 
  From: 
  Steve 
  Watkins 
  To: videoblogging@yahoogroups.com 
  
  Sent: Wednesday, November 30, 2005 5:58 
  PM
  Subject: [videoblogging] Re: my video got 
  taken off archive
  Archive.org's aims to capture history do not mean they can 
  afford topretend their are no laws that may affect the content they can 
  legallyhost. The internet would be very different today if all the 
  laws in allcountries were always followed to the letter. Clearly that 
  doesnthappen, but responsible sites that dont want to lose all their 
  moneyin court have to do some sort of risk assessment. In a case 
  wheretheres already been legal action against a very similar type of 
  video,I think its easy to see why they may of decided it wasnt worth 
  it.A possible justification could go along the lines of 'would you 
  ratherus ditch a small part of history or have us lose the entire 
  archivedue to the cost of fighting lawsuits'?Of course all this is 
  just speculation, I have no idea why that videoactually was removed or the 
  though processes behind the decision.Steve of Elbows--- In 
  videoblogging@yahoogroups.com, Randolfe Wicker 
  <[EMAIL PROTECTED]>wrote:>> Is this the "Internet Archive" 
  that claims to be capturing "thehistory of our day?"  Aren't sexual 
  issues part of that history?> It is really outrageous that they took 
  your vlog off.  And, I saythat, as someone who doesn't fully agree 
  with your viewpoint.  > > Actually, I watched this vlog and 
  I felt it treated men unfairly. It made me mad.  That is good.  
  Something that provokes you andchallenges you to think is good whether you 
  like it or not.> > Randolfe (Randy) Wicker> > 
  Videographer, Writer, Activist> Advisor: The Immortality 
  Institute> Hoboken, NJ> http://www.randywickerreporting.blogspot.com/> 
  201-656-3280> > >   - Original Message 
  - >   From: Aimee Buyea >   To: 
  videoblogging@yahoogroups.com >   Sent: Tuesday, November 29, 
  2005 5:09 PM>   Subject: [videoblogging] my video got taken 
  off archive> > >   well i guess my work on 
  gender issues is a little too>   provocative.> 
  > >   "Dear Patron:> >   You 
  recently uploaded an item to one of our>   collections. 
  Curators had>   to remove it, possibly due to one of the 
  following>   reasons:> >   -Rights 
  status unclear>   -Rights status appears inappropriate for 
  our>   collections>   -Inappropriate content 
  (eg, pornography)>   -Uploader requested the 
  removal>   -Item content was empty or broken> 
  >   Although we appreciate your willingness to 
  contribute,>   we would like>   to host only 
  content that rightsholders will permit us>   to host. 
  Please>   do not attempt to reupload this item. Thanks for 
  your>   understanding!> >   -an 
  Internet Archive curator"> >   check it 
  out!>   aimee>  http://onegirloneworld.blogspot.com/2005/11/warning-sites-linked-contain-adult.html> 
  > >   SPONSORED LINKS Individual  Fireant  
  Typepad  > 
  Use  > > 
  >-->   
  YAHOO! GROUPS LINKS > > a..  Visit 
  your group "videoblogging" on the 
  web.>   
  > b..  To unsubscribe from this group, 
  send an email to:>  
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[videoblogging] Re: my video got taken off archive

2005-11-30 Thread Steve Watkins
Archive.org's aims to capture history do not mean they can afford to
pretend their are no laws that may affect the content they can legally
host. 

The internet would be very different today if all the laws in all
countries were always followed to the letter. Clearly that doesnt
happen, but responsible sites that dont want to lose all their money
in court have to do some sort of risk assessment. In a case where
theres already been legal action against a very similar type of video,
I think its easy to see why they may of decided it wasnt worth it.

A possible justification could go along the lines of 'would you rather
us ditch a small part of history or have us lose the entire archive
due to the cost of fighting lawsuits'?

Of course all this is just speculation, I have no idea why that video
actually was removed or the though processes behind the decision.

Steve of Elbows

--- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]>
wrote:
>
> Is this the "Internet Archive" that claims to be capturing "the
history of our day?"  Aren't sexual issues part of that history?
> It is really outrageous that they took your vlog off.  And, I say
that, as someone who doesn't fully agree with your viewpoint.  
> 
> Actually, I watched this vlog and I felt it treated men unfairly. 
It made me mad.  That is good.  Something that provokes you and
challenges you to think is good whether you like it or not.
> 
> Randolfe (Randy) Wicker
> 
> Videographer, Writer, Activist
> Advisor: The Immortality Institute
> Hoboken, NJ
> http://www.randywickerreporting.blogspot.com/
> 201-656-3280
> 
> 
>   - Original Message - 
>   From: Aimee Buyea 
>   To: videoblogging@yahoogroups.com 
>   Sent: Tuesday, November 29, 2005 5:09 PM
>   Subject: [videoblogging] my video got taken off archive
> 
> 
>   well i guess my work on gender issues is a little too
>   provocative.
> 
> 
>   "Dear Patron:
> 
>   You recently uploaded an item to one of our
>   collections. Curators had
>   to remove it, possibly due to one of the following
>   reasons:
> 
>   -Rights status unclear
>   -Rights status appears inappropriate for our
>   collections
>   -Inappropriate content (eg, pornography)
>   -Uploader requested the removal
>   -Item content was empty or broken
> 
>   Although we appreciate your willingness to contribute,
>   we would like
>   to host only content that rightsholders will permit us
>   to host. Please
>   do not attempt to reupload this item. Thanks for your
>   understanding!
> 
>   -an Internet Archive curator"
> 
>   check it out!
>   aimee
>  
http://onegirloneworld.blogspot.com/2005/11/warning-sites-linked-contain-adult.html
> 
> 
>   SPONSORED LINKS Individual  Fireant  Typepad  
> Use  
> 
> 
>
--
>   YAHOO! GROUPS LINKS 
> 
> a..  Visit your group "videoblogging" on the web.
>   
> b..  To unsubscribe from this group, send an email to:
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Service. 
> 
> 
>
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>







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Re: [videoblogging] Re: my video got taken off archive

2005-11-30 Thread Randolfe Wicker





I thought the viewpoint expressed implied that "all 
males" were so low that they resorted to weird rubber dolls, etc.  I doubt 
one in a hundred men have even experimented with one of these 
things.
 
Now, an interesting vlog would be opening a "doll 
house" whorehouse. Could they bust someone for "pimping" and renting out time 
with the doll he owned?  Now, that would be "police action" worth filming 
:).  Imagine someone being taken away in cuffs by one cop while another 
follows with the confiscated "doll" evidence under his/her arm.
 
 
Randolfe (Randy) Wicker
 
Videographer, Writer, ActivistAdvisor: The Immortality 
InstituteHoboken, NJhttp://www.randywickerreporting.blogspot.com/201-656-3280
 
 

  - Original Message - 
  From: 
  Enric 
  To: videoblogging@yahoogroups.com 
  
  Sent: Wednesday, November 30, 2005 4:55 
  PM
  Subject: [videoblogging] Re: my video got 
  taken off archive
  --- In videoblogging@yahoogroups.com, 
  Paul Knight <[EMAIL PROTECTED]...>wrote:>> 
  Oh come on Randy It's only a Barbie doll with no clothes on!!> > 
  Paul kThere's manufacturing consent and there's manufacturing 
  dissent.   ;)> On 30 Nov 2005, at 21:12, Randolfe 
  Wicker wrote:> > > Is this the "Internet Archive" that claims 
  to be capturing "the  > > history of our day?"  Aren't 
  sexual issues part of that history?> > It is really outrageous that 
  they took your vlog off.  And, I say  > > that, as 
  someone who doesn't fully agree with your viewpoint. > >  > 
  > Actually, I watched this vlog and I felt it treated 
  menunfairly.  It  > > made me mad.  That is 
  good.  Something that provokes you and  > > challenges 
  you to think is good whether you like it or not.> > Â > > 
  Randolfe (Randy) Wicker> > Â > > Videographer, Writer, 
  Activist> > Advisor: The Immortality Institute> > Hoboken, 
  NJ> > http://www.randywickerreporting.blogspot.com/> 
  > 201-656-3280> > Â > > Â > >> - 
  Original Message -> >> From: Aimee Buyea> >> To: 
  videoblogging@yahoogroups.com> >> Sent: Tuesday, November 29, 
  2005 5:09 PM> >> Subject: [videoblogging] my video got taken off 
  archive> >>> >> well i guess my work on gender 
  issues is a little too> >> provocative.> >>> 
  >>> >> "Dear Patron:> >>> >> You 
  recently uploaded an item to one of our> >> collections. Curators 
  had> >> to remove it, possibly due to one of the 
  following> >> reasons:> >>> >> -Rights 
  status unclear> >> -Rights status appears inappropriate for 
  our> >> collections> >> -Inappropriate content (eg, 
  pornography)> >> -Uploader requested the removal> >> 
  -Item content was empty or broken> >>> >> Although 
  we appreciate your willingness to contribute,> >> we would 
  like> >> to host only content that rightsholders will permit 
  us> >> to host. Please> >> do not attempt to 
  reupload this item. Thanks for your> >> understanding!> 
  >>> >> -an Internet Archive curator"> 
  >>> >> check it out!> >> aimee> 
  >> http://onegirloneworld.blogspot.com/2005/11/warning-sites-linked- 
  > >> contain-adult.html> >>> >>> 
  >> SPONSORED LINKS> >> Individual> >> 
  Fireant> >> Typepad> >> Use> >>> 
  >> YAHOO! GROUPS LINKS> >>> >> 
    ▪    Visit your 
  group "videoblogging" on the web.> >> Â > >> 
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  Service.> >>> >>> >>> Do 
  yourself a favour and Visit my Vlog> > http://pjkproductions.blogspot.com> 
  > It's worth a laugh and work 
  friendly.>




  
  
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[videoblogging] Re: my video got taken off archive

2005-11-30 Thread Enric
--- In videoblogging@yahoogroups.com, Paul Knight <[EMAIL PROTECTED]>
wrote:
>
> Oh come on Randy It's only a Barbie doll with no clothes on!!
> 
> Paul k

There's manufacturing consent and there's manufacturing dissent.

   ;)

> On 30 Nov 2005, at 21:12, Randolfe Wicker wrote:
> 
> > Is this the "Internet Archive" that claims to be capturing "the  
> > history of our day?"Â  Aren't sexual issues part of that history?
> > It is really outrageous that they took your vlog off.  And, I say  
> > that, as someone who doesn't fully agree with your viewpoint. 
> > Â 
> > Actually, I watched this vlog and I felt it treated men
unfairly.  It  
> > made me mad.  That is good.  Something that provokes you and  
> > challenges you to think is good whether you like it or not.
> > Â 
> > Randolfe (Randy) Wicker
> > Â 
> > Videographer, Writer, Activist
> > Advisor: The Immortality Institute
> > Hoboken, NJ
> > http://www.randywickerreporting.blogspot.com/
> > 201-656-3280
> > Â 
> > Â 
> >> - Original Message -
> >> From: Aimee Buyea
> >> To: videoblogging@yahoogroups.com
> >> Sent: Tuesday, November 29, 2005 5:09 PM
> >> Subject: [videoblogging] my video got taken off archive
> >>
> >> well i guess my work on gender issues is a little too
> >> provocative.
> >>
> >>
> >> "Dear Patron:
> >>
> >> You recently uploaded an item to one of our
> >> collections. Curators had
> >> to remove it, possibly due to one of the following
> >> reasons:
> >>
> >> -Rights status unclear
> >> -Rights status appears inappropriate for our
> >> collections
> >> -Inappropriate content (eg, pornography)
> >> -Uploader requested the removal
> >> -Item content was empty or broken
> >>
> >> Although we appreciate your willingness to contribute,
> >> we would like
> >> to host only content that rightsholders will permit us
> >> to host. Please
> >> do not attempt to reupload this item. Thanks for your
> >> understanding!
> >>
> >> -an Internet Archive curator"
> >>
> >> check it out!
> >> aimee
> >> http://onegirloneworld.blogspot.com/2005/11/warning-sites-linked- 
> >> contain-adult.html
> >>
> >>
> >> SPONSORED LINKS
> >> Individual
> >> Fireant
> >> Typepad
> >> Use
> >>
> >> YAHOO! GROUPS LINKS
> >>
> >>▪  Visit your group "videoblogging" on the web.
> >> Â 
> >>▪  To unsubscribe from this group, send an email to:
> >> Â [EMAIL PROTECTED]
> >> Â 
> >>▪  Your use of Yahoo! Groups is subject to the Yahoo! Terms of  
> >> Service.
> >>
> >>
> >>
> Do yourself a favour and Visit my Vlog
> 
> http://pjkproductions.blogspot.com
> 
> It's worth a laugh and work friendly.
>







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[videoblogging] Re: my video got taken off archive

2005-11-30 Thread missbhavens1969
before we make the turn onto the road of conversation about licensing, I'd like 
to hop in 
and postulate that it ain't the copywrited music that's the issue! What we have 
here is 
Barbie enjoying her free time in a way that many would call "naughtynaughty". 
Granted, 
she's just a doll, but still. 

That being said, I'd like to point out that I totally dig the video and totally 
get its message. 
But I'm not surprised it was yanked. 

Bekah
http://missbhavens.blogspot.com


--- In videoblogging@yahoogroups.com, Adrian Miles <[EMAIL PROTECTED]> wrote:
>
> around the 30/11/05 Ronen mentioned about Re: [videoblogging] my 
> video got taken off archive that:
> >Does it make all of these services (incl. iTunes) unprofessional 
> >that they pull anything with copyrighted content with first checking 
> >if the content has been liscensed?
> 
> not sure the tone of that, but no, it makes them professional :-)
> 
> you always indicate (must indicate) licencing information in the 
> credits, if you don't have a licence to use it, then you can't. There 
> is an enormous amount of good video made in my home city (Melbourne) 
> in schools. Most can not be broadcast on community TV because they 
> continually use copyrighted content (music) in their productions. 
> That is bad teaching, not a bad law (copyright law is stuffed, but 
> the principle is fine).
> -- 
> cheers
> Adrian Miles
> this email is bloggable [ ] ask first [ ] private [x]
> hypertext.RMIT http://hypertext.rmit.edu.au/admin/briefEmail.html >
>






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