23
Mar
09

They Finally Got Me: My First DMCA Takedown Notice


Well, after 15 months of no hassle, I’ve received my first DMCA takedown notice from Blogger. Of course, the offending post has already been taken down by Blogger, so it’s more of a notice to tell you it’s gone rather than a notice to tell you to take it down. The post that was deleted was a weekly mix from last August, long dead links and all. Even more bizarrely, this mix featured only cover versions and many of them were by artists that I’ve featured several times over. I know this because I took precautions several months ago and saved all of my previous posts to a Word document. At this point, all of these details aren’t even important. The real issue is one that I’ve talked about ad nauseum before. It’s frustrating because my own arguments and those of other intelligent people don’t have any effect. It’s the same reason I felt frustrated when I went to see RiP: A Remixer’s Manifesto yesterday.

The Brett Gaylor documentary was fantastic, but it essentially said everything I’ve already been thinking and discussing with others for the past few years. According to the film, the Remixer’s Manifesto is thus:

1. Culture always builds on the past.
2. The past always tries to control the future.
3. Our future is becoming less free.
4. To build free societies you must limit the control of the past.

There were some really brilliant juxtapositions in the film as Gaylor demonstrates his points (one of my favourites was how he traces the use and/or evolution of a traditional folk/blues song/hook, The Last Time, through The Rolling Stones, The Verve and ultimately to its use by Girl Talk – the point being only The Rolling Stones did the suing within this process despite the fact they weren’t the original authors either). In the end, the process of the film is more important than its end product (Eno, anyone?), and the style of the documentary itself proves its point about remixing art and culture to provoke new ideas and enjoyment; without building on the past, progress is stifled and stagnant. Gaylor draws the battle lines clearly: you’re either on the Copy Right or the Copy Left, you’re either stuck in the past or looking to the future. He even put up his raw footage online to allow others to participate in an open source way. Oddly enough, Stanford law professor, Lawrence Lessig said things in the documentary that I wrote in that older post nearly verbatim, most particularly in the area of not being able to create in a vacuum and in his using the example of citations in essays and books. But neither of us owns the “right” to those thoughts.

With the advent of the Internet, the public domain has grown infinitely and beyond the conservative, stunted thinking of those in power. Trying to lock people up and shut them down will continue to be a futile exercise. I know I’m not doing anything wrong, yet having my own “intellectual property” deleted without my permission is legally sound because Google, a $31 billion company, owns Blogger, my current blog host. Talk about media control and strangle holds. How do you google Google? It’s the philosophical question of the Noughties. What kind of information are you going to get about the company when they’re the primary method for your search?

Here’s the notice I received today:

Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.

The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.

The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the “IFPI Represented Companies”).

The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See http://www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.

Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see http://www.google.com/dmca.html#counter. Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.

Sincerely,
The Blogger Team

My favourite bit is the part “regardless of its merits.”

I refuse to be intimidated (in many ways, what Blogger is doing is like someone breaking into your apartment and stealing your possessions – and it’s not even like I’m keeping my door locked, so to speak), and I’m not going to sit back and let them slowly dismantle my free speech in the “public” domain. So, CTRR is moving house as soon as possible. I don’t care how much work it will be to get this blog back up on my own and on my own terms. Bear with me while I plant my flag in the Copy Left. I’ll keep you posted.

Don’t Stop – Girl Talk

We’re Not Gonna Take It – Twisted Sister

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2 Responses to “They Finally Got Me: My First DMCA Takedown Notice”


  1. 1 Chloé WCB
    March 24, 2009 at 6:13 pm

    Just wanna show my support. I love what you do in this blog and I hope nobody will make you stop that.
    Keep on rocking in the free world!

  2. 2 Mickenzy
    March 24, 2009 at 6:21 pm

    Ugh, I’m really sorry this happened to you. It sucks big time. You already largely know my feelings on the issue, so you know you’ve got my support. Keep pushing, yeah?


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I'm much too fast to take that test

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A dreaded sunny day

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A dreaded sunny day

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But you lose 'cause weird lover Wilde is on mine

The Clash London Calling

When they kick at your front door

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Charles Windsor, who's at the door

At such an hour, who's at the door

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You're on your way to the guillotine

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They've come to chop, to chop off your head

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Then you came with your breezeblocks

Smashing up my face like a bus-stop

You think you're giving

But you're taking my life away

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(and the skin flies all around us)

We kiss in his room to a popular tune

Oh, real drowners

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Don't walk away

In silence

See the danger

Always danger

Endless talking

Life rebuilding

Don't walk away

Walk in silence

Don't turn away in silence

Your confusion

My illusion

Worn like a mask of self-hate

Confronts and then dies

Don't walk away

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You don't want to hurt me

But see how deep the bullet lies

Unaware I'm tearing you asunder

Oh there is thunder in our hearts

Is there so much hate for the ones we love

Tell me we both matter don't we

The Associates Affectionate

I don't know whether

To over or under estimate you

Whether to over or under estimate you

For when I come over

You then put me under

Personal taste is a matter of gender

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I wake at dusk to go alone without a light

To the unknown

I want this night inside of me

I want to feel

I want this speeding

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You'll never live like common people

You'll never do what common people do

You'll never fail like common people

You'll never watch your life slide out of view

And dance and drink and screw

Because there's nothing else to do

Vanilla Swingers

All I have is words, words that don't obtain

And I feel I'm a stain on your horizon

So I stay away - it's easier that way

And there won't be no-one I need to rely on

Is it him, is it me

Or is there something only I can see

How did I get here, why do we blow around like straw dogs on the breeze

I'm a special one, what they used to say

But I've to stay on, finish levels-A

You don't need exams when you've read John Gray

The Indelicates American Demo

And nobody ever comes alive

And the journalists clamour round glamour like flies

And boys who should know better grin and get high

With fat men who once met the MC5

And no one discusses what they don't understand

And no one does anything to harm the brand

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Absolutely anyone can play the fucking guitar

JAMC Darklands

And we tried so hard

And we looked so good

And we lived our lives in black

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Plucked her eyebrows on the way

Shaved her leg and then he was a she

She says, hey babe,

Take a walk on the wild side

Said, hey honey, take a walk on the wild side

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Hide on the promenade

Etch a postcard:

How I dearly wish I was not here

In the seaside town...that they forgot to bomb

Come, come, come - nuclear bomb

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Back when we were kids

We would always know when to stop

And now all the good kids are messing up

Nobody has gained or accomplished anything

Wire Pink Flag

Prices have risen since the government fell

Casualties increase as the enemy shell

The climate's unhealthy, flies and rats thrive

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This is your correspondent, running out of tape

Gunfire's increasing, looting, burning, rape

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Well, maybe there's a god above

But all I've ever learned from love

Was how to shoot somebody who outdrew you

It's not a cry that you hear at night

It's not somebody who's seen the light

It's a cold and it's a broken hallelujah

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And what costume shall the poor girl wear

To all tomorrow's parties

For Thursday's child is Sunday's clown

For whom none will go mourning

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My body is your body

I won't tell anybody

If you want to use my body

Go for it

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Oh it's opening time

Down on Fascination Street

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And get out for a bit

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And I'm begging

To drag you down with me

Mansun Six

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Did you see the way I cowered to authority

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And told me who you are

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Feeling like I'm waiting

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Valentines

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Just leave them alone

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I know I can't

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And you walk all over me

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Going round in a circle I can't get out

Then I look around thinking day and night and day

Then you look around - there must be some explanation

And the tension builds

Psychdedelic Furs

India, India

You're my love song

India, you're my love song

In the flowers

You can have me in the flowers

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And live our useless lives

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When you're twenty-one

You're no fun

They take a polaroid and let you go

Say they'll let you know

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Spit out your lies and chewing gum

Cut off your hair yeah that's it!

If you look like that I swear I'm gonna love you more

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Burning all the old folks, the witches and the liars.

My eyes are covered by the hands of my unborn kids

But my heart keeps watchin' through the skin of my eyelids

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Prince charming

Prince charming

Ridicule is nothing to be scared of

Don't you ever, don't you ever

Stop being dandy, showing me you're handsome


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