So yesterday the worst happened. At about 1pm we logged into our YouTube account to see how ratings were going for the day...when we saw this message -
[ Your account has now been permanently disabled. ]
In total we had uploaded 223 shows onto YouTube.
We suspected a problem in the last couple of weeks when we start receiving emails from YouTube informing us that various shows were violating copyright rules and were thus removed. The alleged copyrighted shows were featured the bands SUPER JIMENEZ and THE DIRTY 9S. Mysteriously BARRY MCCABES legendary performance went missing from our archives too, however we received no notification why that was.
Here is a copy of YouTube email.
[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 Viacom International Inc. claiming that this material is infringing:
THE DIRTY 9s: http://www.youtube.com/watch?v=RudQLj13BxQ
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 physical or electronic signature of the subscriber.
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.
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.
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 © 2007 YouTube, Inc.]
So there you have it. When we got these emails we feared the worst...and thus set about contacting YouTube and Google. If you try and contact YouTube, you'll see it can only be done via a form on the website. Imagining the hundreds of thousands of emails they get a day...we felt we needed to get to someone quickly before the worst happened. We tryed to find contact details for Google...Google Ireland would be a good stop we felt. Alas numbers for that particular company are hard to come by too.
We did contact DMCA via email...claiming they made a mistake in removing our videos. They responded with an automated reply a couple of days ago. We will indeed have to go down the official lines.
Regardless of everything...I personally felt our archive was our best feature. And now it is gone...I imagine alot of videos will have to be removed from Blogs and MySpaces everywhere.
BalconyTV would like to apologise to all the bands this has caused hastle too. We also know that alot of acts had come to cherish their balcony moments...its unfortunate that the removal has caused such gut wrenching heartache.
So what to do...well we haven't quite given up on retrieving our archive. We are hoping to speak to someone in Google Ireland today. But after that who knows.
We may create our own online storage for videos...or we may find another video host.
We are using MySpace Video at the moment to show videos. Watch this space...
if you missed yesterdays show...here is Tom breaking the news of the BalconyTV crisis mere moments after we learned about it.
YOUTUBE TAKES DOWN BALCONYTVAdd to My Profile |
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