The Worm Turns: Anshe's 'Copyright Violation' becomes 'Terms of Service Violation'
Submitted by Taran on Sat, 01/13/2007 - 14:22
Yeah. No kidding, Anshe Chung YouTube video now 'terms of use violation':
The video that depicts the griefing attack on Second Life land baroness Anshe Chung that YouTube removed after a DMCA copyright infringement complaint has now been recategorized as a "terms of service violation."
It's not clear why that is. At first, Guntram Graef, the husband of Anshe Chung's real-life persona, Ailin Graef, had attempted to convice YouTube that the video contained copyright infringement due to the inclusion, without permission, of Anshe Chung's avatar...
Great... The Worm Has Turned. So I followed the links, and sure enough - 'This video has been removed due to terms of use violation.'
Having read the original title of the News.com article, it seemed to me that it was a SecondLife Terms of Service violation claim - but it really says it is a YouTube Terms of Service Violation. So I read the YouTube ToS. The best I could come up with was in Section 5 C (iii):
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
Yes, it's the equivalent of Article 92 in the UCMJ. Basically, if someone whines effectively enough section 5 C covers the bases for removing the content.
Now honestly - it isn't a big deal that the video was taken down. What is a big deal is how much threats and other strange gurgling sounds came from the direction of Anshe Chung - it is apparent that they didn't initially ask a lawyer because fair use pretty much covered it.
But it was flexible phalluses, so it gave itself an excuse to be removed. And this whole thing, as far as I'm concerned, has become something that is completely ridiculous. No wonder media reports 'cartoon like avatars' in SecondLife all the time... it isn't the way they look... it is the way that they act sometimes...
"But it was flexible
"But it was flexible phalluses"
No, it was also actual, real life photographs of Ailin Graef that were edited to make it look like she was holding an actual, real life giant penis. Nothing 'cartoony' about that.
heh. Wrong.
The second part of the griefing is as you say. The first part was the floating phalluses. A pity you can't see the video anymore to verify.
Ah but you can. A simple
Ah but you can. A simple search for Anshe Chung on google video is all you need.
Then...
You know that what I wrote wasn't wrong. I've seen the video; that is why I wrote what I did. You apparently only saw a part of the video to state what you did. ;-)
Prove it
Since Plebian is convinced you are wrong, maybe they should provide a link to back up what they say, instead of a pissing contest, as enjoyable as that would be to read.
One would think so.
But I'm used to those sorts of arguments. ;-)
Yes..
I'm sure you are.
YouTube...
...didn't even respond to my emails when I asked about the alleged DMCA violation. Nor would they respond to my emails about the TOS violation. They just banned all of my accounts.
But here is a helpful link to the NWS google video:
http://preview.tinyurl.com/y5h34m
Thanks for that link
Well, as John Perry Barlow says:
and
I'm surprised YouTube pulled the video... It probably helps that Anshe Chung is a millionaire. If it happened to unmillionaires, the outcome would probably be different.
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