DMCA’s and silencing critics

As some of you might know my co-host Myles is currently making a series on the ‘Documentary’ House of Numbers. Myles is attempting to show that the film maker was dishonest and made a sub par attempt to have balance. Now the makers are under no obligation to show balance but they claim they wanted to. Myles has had his typical level of thoroughness in researching the ‘Documentary’ and since his series is a critical response to the ‘Documentary’ it falls under fair use.

So what is happening now? Well Myles is facing multiple DMCA’s against his videos. 3 at current count. This started when Liam Scheff ‘Conspiracy realist’ filed a DMCA against part 5 of Myles series. This is a claim that Myles has violated Liam Scheff’s copyright. Liam is seems was upset that Myles had used part of another video which Liam had made in order to further show Liam’s point.

Myles’ video was released from the claim, awesome! But Myles, with amazing foresight was not resting easy. Soon after the release of the video, Martin Perry and Knowledge Matters, LLC filed their own DMCA against Myles’ videos part 5, 1 and 2.
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Does it matter who Knowledge Matters are? Not really in my opinion! But just to clarify, Martin Perry is the executive producer behind house of numbers, he is also a former hair dresser who made lots of money with hair styling products. Currently he sits on the board (Chairman) of OHS ltd a ‘health, safety and environment consultant’ who advise the NHS. What matters is that Myles videos fall under fair use! It is plain and simple. What happens now? Well that is up to Myles, I have advised him to fight it. The reason we both got into making educational videos is that some people don’t know things we know. In cases such as anti-vaxers or in this case HIV denialist people are spreading mis-information and in some cases lying for profit.

Before some one accuses me of having my own monetary interest we do not make money doing what we do. We make a little from advertising but overall we lose money. But we do not make our videos for profit we make them pro bono. My own take on this is that I have been very lucky to have a world class education nearly for free, certainly not at great personal cost. I think that I have a responsibility as a decent human being to spread and disseminate the knowledge I have gained.

Myles should fight it but it is up to him personally. Believe it or not Myles is not a shill and does not have a large corporation supporting him in fighting a legal case. Myles has a team of friends willing to help him in almost any way we can but it is still a personal decision. I can say that I’m glad I’m not in his position! I don’t think that this is a case of copyright infringement, as no one would file a DMCA against a video that so clearly falls into fair use. This is about silencing criticism. Ironically by a group that claim criticism has been silenced.

So what would stop Myles from countering the claim? Mainly the fact in order to fight the claim Myles would have to release his details to this group. I’m not sure what they would do with these details but someone who has close ties to the group has already it seems pulled a gun out on video when discussing Myles. Now I doubt anyone on in this group would want to physically harm Myles (at least no one directly related to the group) but having his details would mean they could sue him directly. I’m not sure what for, I’m not a lawyer!

Now finally I’d like to ask a request or two. First, please do not go and hate on the people bringing this claim against Myles, we are better than that. If you want to take action feel free to spread this article. If you want to take more direct action you could mirror the videos that have being removed (more of this when we sort out a place to get the links etc). Or feel to copy and paste the fair use section of the DMCA.

“Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.”

Finally Myles needs your support drop by and give him some love! We shouldn’t let valid criticism be hidden and if you enjoy what Myles does as much as me and want him to continue let him know you’re behind him.

-J

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