YouTube blog entry from Feb 12





Dear Mia,


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.




Allen Asch