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Landmark and litigation re: France 3 video - false claims
Posted by: caligari ()
Date: November 28, 2006 03:51PM

Quote
ajinajan
Quote

In the last part of the interview with Jason Schultz at EFF talks about the Landmark Education case and how a new blogger can respond to DMCA notices:

[techalley.cirne.com]
or
[tinyurl.com]

This is a great video interview! Looks like it goes into some detail in describing the case and why EFF thinks Landmark Education is in the wrong on this one.

Will you post this one to YouTube and Google Video as well? The more dispersement and viewage on the internet about this, the better.

I've put the videos -- about missusing the DMCA provisions -- on YouTube and Google Video. And I created a playlist on dabble (http://dabble.com/) on "DMCA Issues" that includes all these videos:

[dabble.com]

The interview of Jason Schultz of the EFF on the Landmark Education case, "Jason Schultz at EFF on DMCA Take Down Notices - Part IV", is on YouTube at:

[www.youtube.com]

and on Google Video at:

[video.google.com]

;

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Landmark and litigation re: France 3 video - false claims
Posted by: ajinajan ()
Date: November 28, 2006 04:47PM

Quote

I've put the videos -- about missusing the DMCA provisions -- on YouTube and Google Video. And I created a playlist on dabble (http://dabble.com/) on "DMCA Issues" that includes all these videos:

[dabble.com]

The interview of Jason Schultz of the EFF on the Landmark Education case, "Jason Schultz at EFF on DMCA Take Down Notices - Part IV", is on YouTube at:

[www.youtube.com]

and on Google Video at:

[video.google.com]

You might also want to post those videos and the first EFF/Landmark interview up at the Internet Archive www.archive.org - now wouldn't that be kind of dramatic irony?

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Landmark and litigation re: France 3 video - false claims
Posted by: John Fox ()
Date: November 28, 2006 04:50PM

Don't forget to make it the same category! :)

John

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Landmark and litigation re: France 3 video - false claims
Posted by: ajinajan ()
Date: December 01, 2006 02:08AM

[www.eff.org]
Quote

November 30, 2006
Self-Help Group Backs Off Attack on Internet Critic
Landmark Forum Withdraws Subpoena for Identity of Anonymous Poster

San Francisco - A controversial self-help group has backed off its attack on an Internet critic after the Electronic Frontier Foundation (EFF) intervened in the case.

Landmark Education, known for its Landmark Forum motivational workshops, served a subpoena for the identity of an anonymous user of Google Video last month, claiming that a French documentary posted by the user infringed Landmark's copyrights. The piece, entitled "Voyage Au Pays Des Nouveaux Gourous" (Voyage to the Land of the New Gurus), is highly critical of Landmark and included hidden camera footage from inside a French Landmark Forum event along with panel discussions about the group. The piece had also been posted with English subtitles on popular U.S. video sites YouTube and the Internet Archive.

In a settlement reached Tuesday, Landmark agreed to withdraw the subpoena to Google and end its quest to pierce the anonymity of the video's poster. Landmark has also withdrawn its subpoena to the Internet Archive. EFF represents both the anonymous critic and the Internet Archive.

"We're glad that Landmark withdrew its subpoenas, and our client's right to speak anonymously was preserved," said EFF Staff Attorney Kurt Opsahl. "Hopefully Landmark has learned its lesson and will cease its campaign to stifle criticism by misusing the DMCA."

The Digital Millennium Copyright Act (DMCA) allows a content owner to issue a subpoena for the identity of an alleged infringer without first filing an actual lawsuit. The provision can be used to intimidate Internet users who wish to remain anonymous online. As part of the settlement, Landmark released any and all claims it may have had against the anonymous poster, and the poster agreed not to re-post the video. The video is currently available online from other sources, including the Australian Cult Awareness & Information Centre, [www.caic.org.au], and bit-torrent.

"Landmark's legal threats took an emotional toll," said the anonymous poster, known as "John Doe" in the settlement. "When I found out that my identity might be revealed based on a bogus copyright claim, I was really worried that Landmark might try to retaliate against me."

The settlement is part of EFF's ongoing campaign to protect the right of anonymous speakers on the Internet. Earlier this year, EFF helped to preserve the anonymity of online embroidery fans critical of an industry group, and also protected the identities of users of an online message board discussing Oklahoma public schools.

For the letter confirming the subpoena withdrawal:
[www.eff.org]

For the full settlement agreement:
[www.eff.org]

For more on Landmark's subpoena campaign:
[www.eff.org]

For the video:
[www.caic.org.au]

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Landmark and litigation re: France 3 video - false claims
Posted by: The Anticult ()
Date: December 01, 2006 09:19AM

This is great news! So whoever posted those videos is now free and clear.

Another abject legal failure for Art Schrieber, and a PR disaster, and the video is still being watched on the net.

Gotta run, but this is great news for whoever posted that video. Thank goodness groups like the EFF exist.

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Landmark and litigation re: France 3 video - false claims
Posted by: Brad69 ()
Date: December 01, 2006 12:37PM

Great news!

And many thanks to the EFF for standing up for the person who posted the documentary, which for many people has proved really eye-opening.

For future video posters, Caligari's information could very useful:
Quote

In the last part of the interview with Jason Schultz at EFF talks about the Landmark Education case and how a new blogger can respond to DMCA notices:

[techalley.cirne.com]
or
[tinyurl.com]

So, let the France 3 documentary keep on spreading.

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Landmark and litigation re: France 3 video - false claims
Posted by: John Fox ()
Date: December 01, 2006 01:24PM

So, can these videos now be shown in Gootube and the Internet Archive?

John

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Landmark and litigation re: France 3 video - false claims
Posted by: ajinajan ()
Date: December 01, 2006 01:36PM

Someone else tried uploading the video back to YouTube. The video was there for a coupla days, in a few different pieces, but now it's all down again with the following YouTube announcement:

[i:28c1764a5c]"This video has been removed at the request of copyright owner Landmark Education because its content was used without permission"[/i:28c1764a5c]

According to
[www.eff.org]
and their Draft Motion to Quash Landmark:
[www.eff.org] , Landmark clearly has no copyright claims over the video. So

YouTube has caved on 2 respects here:
1. They won't allow the video to go back up, at least for too long.
2. Their disclaimer is misleading and leads the reader to believe that YouTube claims Landmark Education is the copyright owner, when they clearly are not, France 3 is the only copyright owner in this case, they are most likely aware the video is on the internet after all this hubbub, and they have made zero complaints over this entire period of time.

It will be interesting to see if in addition to the CAIC site,
[www.caic.org.au]
and the torrent
[thepiratebay.org]
which were both mentioned in the EFF press release,
if anyone else either tries to upload the video again, and if it gets back up onto Internet Archive, YouTube, and Google Video and let's not forget Daily Motion - or if after this defeat it happens to pop up on other sites as well.

It will also be interesting to see if the Electronic Frontier Foundation happens to get into it again with Landmark Education and Art Schreiber representing other individuals about this whole mess, until Landmark Education learns their lesson that the video is on the internet to stay.

Looks like EFF left their contact info at the bottom of the press release, probably for press but also if anyone else runs into any trouble or attempts to chill Freedom of Speech.

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Landmark and litigation re: France 3 video - false claims
Posted by: The Anticult ()
Date: December 01, 2006 02:01PM

The original uploader agreed not to upload the video again, so he/she better not!

But its common knowledge that some other person could put the video onto a CD, and upload it to other video websites, and do so from an anonymous internet cafe somewhere where they pay cash to use the computer, and Landmark could never find out who did it.

But Landmark will send out their letters, and most websites will pull the video, as they don't want a hassle, and don't care.
Thank god for the EFF and Rick Ross, and those who do care, or the Landmarkian Anti-FreeSpeech-Fascists would control the media landscape.

It looks like the CAIC website will keep the video up.
So we'll see where the video turns up, and watch the Worlds Worst Lawyer Art Schreiber play 'wack a mole', to keep himself busy over there.
Art Schreiber must have lots of 'dirt' on Werner Erhard and Landmark, as the guy is a horrible lawyer, so they must be forced to keep him around.

Sorta reminds one of the lawyer on the Simpsons...Lionel Hutz, is it? the guy with the empty briefcase?


[img:c1e38d2462]http://www.thesimpsonsquotes.com/images/hutz_pointing.gif[/img:c1e38d2462]


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Landmark and litigation re: France 3 video - false claims
Posted by: The Anticult ()
Date: December 01, 2006 02:14PM

Please ignore that first pic in the post above, its a trick link, that switched from a picture, to an advertisment, and it looks like we can't edit posts anymore to remove stuff like that??!!

Here is a correct satirical pic, dedicated to our favorite bad-lawyer.
[img:9383c730e4]http://www.geocities.com/TelevisionCity/7333/pictures/Hutz2.jpg[/img:9383c730e4]



Took it out for you. EZ [/color:9383c730e4]

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