My
name is Allen Asch and I used to have a YouTube channel with over 1800
subscribers under the username "LiberalViewer." You can read a
description of my videos (with background info about me) in the January 2007
Sacramento Bee article at:
Unfortunately,
my YouTube account was terminated earlier this month and I have been
unable to get anyone at YouTube to respond to my emails. Now I've just run
across your February 12 YouTube blog entry at:
In
that blog entry, you claim that "We only remove videos for terms of use violation and copyright
disputes, as laid out under the DMCA."
(emphasis added) I know from personal experience
last November with my YouTube
videos that fairly used Viacom material, however, that YouTube does not follow the procedure "laid
out under the DMCA." Here's the way the DMCA was supposed to work when
Viacom accused me of copyright infringement last November:
1)
Viacom tells YouTube they think my material is infringing
2)
YouTube disables access to my videos and sends me a DMCA takedown notice
explaining my right to respond
3)
I send back a counternotice saying why Viacom is wrong, signed under penalty of
perjury, giving my name and address, and submitting to the jurisdiction of the
federal court. Basically, I tell Viacom to come sue me.
4)
If Viacom does not give YouTube proof they are suing me within 10 business
days, YouTube then puts my videos back up
Unfortunately,
I went all the way through step #3 last November, but, even though I followed
YouTube's instructions and sent Viacom a "come-sue-me notice" and
Viacom didn't sue me, YouTube still never put my videos back up. Now, this
month, when Viacom sent YouTube 100,000+ more accusations of copyright infringement, I
got treated as a "repeat infringer," my account got
terminated, and no one at YouTube will respond to my emails.
I've
tried to explain this situation to YouTube in multiple emails (see, e.g., forwarded email below)
and have waited weeks without a response. I've tried to be patient and fair
with YouTube, but it is not fair of you to claim in your blog entry that your
actions are justified by the procedures "as laid out under the DMCA." I have followed the
DMCA while YouTube has not.
Sincerely,
Allen
Asch