Approved 2020-05-03 - Arseniy Leyman on behalf of Evelinushka: DMCA over an Avatar

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Trigger Me Timbers

Trigger Me Timbers

Reformed Kekistani
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Harvey Danger said:
The DMCA notice claims the copyrighted work is the YouTube video, and the single image of her face is infringing on that copyright. But you can't copyright your own face, that falls under personality rights. The "fixed work" would be her performing for the camera, and the performance is copyrighted, not her likeness. While she holds copyright over the video, an image is not a video; it's a different format, in a different medium. That might be transformative, which leads to the question of fair use.

Even if it wasn't posted for comment etc, it could still be allowed because fair use is actually based on a 4 part test:
  1. Purpose: The purpose and character of the use, including whether such use is of a commercial nature, or is for nonprofit education purposes.
  2. Nature: The nature of the copyrighted work.
  3. Amount: The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
  4. Effect: The effect of the use upon the potential market for, or value of, the copyrighted work.
Emphasis added. Money does come into play for that factor, because monetizing it becomes commercial activity that is given less preference in the test.

Neither Null nor the user made money off the avatar picture. A basic run-through of the other 3 factors suggests it's non-infringing of her copyright, so yes, the money could be the swing factor in the analysis, which is why I mentioned it.



Which is fine, and I don't care that Null nuked it.

But since you got me in the argumentative asshole mood... by the same token, that pic still falls under de minimis use. It's unimportant enough for the courts not to care either, and if Null asserted this defense to a sane lawyer, they'd probably go away.

Internet shitposters assuming that it has to be comment or critique or parody to be fair use are self-limiting. There's case law going back to Betamax tapes giving you more freedom than you realize, no matter how scared that FBI warning made you.
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Again, null could be an asshole and keep it up, but not only is it not worth the hassle and provides no value to his platform, but it also sours his standing in future.

the DMCA takedown is not only a weapon that copyright holders use, it’s one Null uses too. Every time some unhinged rétard tries to weaponize the DMCA, Null fight’s back to the letter of the law using a “good faith” argument for why it should be kept up under penalty of perjury.

if Null tells tits Mc vodskie to GTFO, future DMCA defenses would be weakened (if they were to ever to go to court) because he’s proven to act in “bad faith” when responding to DMCA.

Null needs to show a strong and consistent history of responding appropriately to DMCA take downs.
its fun when he tells people to “GTFO dis is America” but like trolling, it’s only fun to do it to someone who deserves it, it’s not fun doing mental gymnastics to try and justify being a jerk when the other party’s done everything right.
 
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Grotesque Bushes

Grotesque Bushes

Null yeeted my spaghetti dog avatar
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It's almost cute how the erverlerd has 3 basic modes of operation for DMCA:
1. Shit, badly written DMCA from loons - responds with insults and ridicule
2. Fradulent DMCA from large companies - responds with legal threats in kind
3. Actually valid DMCA - responds with 'sure, ok'

A true autist of his word.
 
Z

#zzz

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Translated from

medium.com

Эвелинушка слив фото и засвет

Самое милое существо на планете Земля — Eveliinushka. У нашей героини очень редкое и красивое имя, Эвелина, фамилия Сайранова. В VK…
medium.com medium.com

Apparently she was an instagrammer early on. Decided to get into streaming. Some people found her nudes and such and posted them on russian 4chan which helped her popularity and so she moved to youtube. Mainly posts reviews, cross-promotions and "positive messaging" which seems to be a common theme with russian female youtubers. She has 500k simps..... I mean subs. My guess is shes popular with young teen males.

0_LdUjJ4TsP7SYOf5G.jpg


tshirt.jpg
 
Rekkington

Rekkington

Obama chuckled. "You mean the chaos emeralds?"
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Overly Serious

Overly Serious

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Anonymus Fluhre said:
She looks a lot like my nanny, same height and almost the same age too.
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Ummmm, what?

NOT Sword Fighter Super said:
Still not as cute as the Russian NRA redhead spy.

I bet this bitch doesn't even know how to fire a gun.
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She's Russian. She'll just poison your borscht and leave you for the bears.

I have no idea what she's talking about but she seems like she has a sense of humour.

 
Stranger Neighbors

Stranger Neighbors

Mondo Bizarro
True & Honest Fan
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the autist of dojima said:
If null wants to take the metokur throne its only natural that he would search for a cam whore like the previous king
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I was unaware that Metokur had a throne. Last I checked Zed doxed him to shit and Null went over there and took Jade's poon for himself and drank James Patrick's milkshake and ate his Lucky charms.

The only question that remains is that is this Russkie pussy good enough for big daddy Null?
 
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