Despite press reports, Comedy Central YouTube Clips continue to disappear

I’m receiving tons of information that proves that YouTube is NOT halting removing of videos as mentioned in the New York Post, Naperville Sun, iMedia connection, and multiple other media outlets (as well as Slashdot).

A media blogger who has been on the forefront of this story, Jeff from NewsCloud/Idealog, has blogged again about the status of clips disappearing:

YouTube Comedy Central DMCA Notices Continue

I just received another takedown notice for the last Daily Show video in my YouTube account: CNN iReport.

So, I spot checked the list of more than 400 working Daily Show videos on YouTube that I put up last night; the majority seem to be gone.

I’m guessing reports of a settlement with Viacom were premature. YouTube is fast becoming the political ad hosting network.

Update: To measure, YouTube’s latest purge, I ran another analysis on the
query "daily+show site:youtube.com" from Google using my automated
script.

Of 897 Daily Show videos on YouTube, 699 were missing or broken.
That’s nearly 78% of Daily Show videos now taken down for alleged
copyright infringement without any regard for fair use from what I can
tell.

Links to all of the Daily Show videos on YouTube both working and broken from this analysis are here.

The conflicting information continues to mount up. I have read and reread the articles saying that Viacom and YouTube are working together, but all list “Viacom Sources” (no name, no official press release) as their news source for the claim that YouTube is not yanking videos and/or is adding them back onto the site. And to counteract the information in those news articles, evidence is quickly mounting that YouTube is continuing to delete videos. One thing that concerns me is that one of the people who furnished me copies of their letters said that after the purge started, they deleted the tags “Daily Show” from their clip to avoid the purge, and yet it happened anyway.

YouTube is digging deeper to find the clips. The Great YouTube Purge of 2006 is continuing.

After the snip, I’m attaching three letters that I’ve received copies of from Colbert fans who have received Cease and Desist notices in the past 24 hours for videos they were hosting, including one from Courtney_Beth, a moderator of “thedailyshow” LiveJournal community. These letters are going out all over, but I figure a sample of two was enough for now. The letters contain the links to the removed videos.

UPDATED: One more letter added. Feel free to e-mail me your letters and the status of your videos and I’ll tack them onto the end of this post.


Here are the e-mails, with the To address slightly modified to prevent that poor person from getting spammed.


From: Courtney Beth
Date: Nov 2, 2006 11:28 AM
Subject: Re: Video Rejected: Copyright Infringement
To: DB Ferguson

The video has been up since February of ’06 and it seems weird that it’d take them THAT long to do this.

———- Forwarded message ———-
From: DMCA Complaints
Date: Nov 1, 2006 7:28 PM
Subject: Video Rejected: Copyright Infringement
To: courtneybeth

YouTube
Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Comedy Central Property claiming that this material is infringing:

Ed Helms — TONIK: http://www.youtube.com/watch?v=fiEcO4DUylo

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube’s copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C . Section 512(g)(3) to confirm these requirements):

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA 94066
Email: copyright@youtube.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,
YouTube, Inc.

Copyright © 2006 YouTube, Inc.


This user posted this comment on this blog in an earlier post:

Author : Synapse
Comment:
Well, I had an account with one TDS clip where I took out “daily show” from the keywords when the purge started, but it just got taken down yesterday. So I’m pretty sure the purge is continuing.

I requested a copy of the letter, and this is the response I received:

———- Forwarded message ———-
From: Singlesynapsesyndrome@XXXXXXX.com
Date: Nov 2, 2006 1:04 PM
Subject: Fwd: Video Rejected: Copyright Infringement
To: DB Ferguson

Here is the notice that I got when my clip got yanked

———- Forwarded message ———-
From: DMCA Complaints < copyright_counternotice@youtube.com>
Date: Nov 1, 2006 7:28 PM
Subject: Video Rejected: Copyright Infringement
To: SingleSynapse

YouTube
Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Comedy Central Property claiming that this material is infringing:

The Daily Show on Harry Potter Spoilers: http://www.youtube.com/watch?v=rlFu7grnXkk

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube’s copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C . Section 512(g)(3) to confirm these requirements):

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA 94066
Email: copyright@youtube.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,
YouTube, Inc.

Copyright © 2006 YouTube, Inc.


This answers one of the questions I have had about the clips – She has three, but they’ve only yanked two.

———- Forwarded message ———-
From: Michelle M
Date: Nov 2, 2006 2:44 PM
Subject: Hopefully helpful YouTube-related stuff!
To: DB Ferguson

Hi! I read your comment in the Daily Show livejournal community asking for copies of C&D letters, so figured I’d pass this along.

I received two notifications today (I’ve only uploaded three things) for old TDS clips. One was from 2002, featuring coverage of the French Elections, a reference to Le Ballon Rouge, and Stephen speaking much French in a black-and-white cafe. The other was from 2001, in which Steve covers the story of a faked on-air argument from a local news station and he and Jon get into their own fight. The only one remaining is from 2001, with just Jon talking about cloning, and a couple of appearances from Jon2.

Anyway. Here you go.
-Mishie

———- Forwarded message ———-
From: DMCA Complaints < copyright_counternotice@youtube.com>
Date: Nov 1, 2006 10:28 PM
Subject: Video Rejected: Copyright Infringement
To: bowlofpetunias

YouTube
Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Comedy Central Property claiming that this material is infringing:

The Daily Show 2002.04.22 French Elections: http://www.youtube.com/watch?v=BqyxBvfXlA0

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube’s copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C . Section 512(g)(3) to confirm these requirements):

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA 94066
Email: copyright@youtube.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,
YouTube, Inc.

Copyright © 2006 YouTube, Inc.

Comments

  1. what a suprise… while common media outlets are treated like mushrooms (kept in the dark and fed bull____), behind the scenes some corperate cogs are busy scouring YouTube for anything Viacom has a copyright to. Those C&D letters are initiated by the copyright holders, like Viacom, sending a notification to the folks at YouTube about ‘infringing’ content, and YouTube is capitulating without question. Don’t believe everything that you read, Viacom is being totalitarian.

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