EM:/ Fwd: [*********] Anyone able to help re a DMCA takedown by a climate skeptic?

I've seen Peter Sinclair's climate crock videos mentioned here a few times.
Thought this might be of interest.

---------- Forwarded message ----------
From: Adam Siegel <siegead at gmail.com>
Date: Tue, Jul 28, 2009 at 4:32 PM
Subject: [*********] Anyone able to help re a DMCA takedown by a climate
skeptic?


I have a feeling that someone on this list can help on this.

A fellow Climate Project trainee, Peter Sinclair, started doing "Climate
Crock of the Week" videos to dissect global warming denier / skeptic
arguments, and show them to be the frauds that they are. (for a set, see:
http://greenfyre.wordpress.com/denier-vs-skeptic/denier-myths-debunked/climate-denial-crock-of-the-week/#polar)
He has been posting them at YouTube (and diarying at various places, such as
Daily Kos:  http://www.dailykos.com/user/greenman3610)

The latest video laid out a quite compelling case shredding Anthony Watts'
(a major denier figure on the web -- big time following and often cited by
Drudge/et al) claims that the surface stations gathering data are bad and
that, therefore, the weater data going into climate models can't be trusted.


Watts sent in a DMCA and YouTube pulled the video.  Reversing that would
help bring visibility to someone who does a good job producing videos
shredding denier truthiness-laden talking points.

NOT FOR POSTING: Sinclair would appreciate advice (help) on dealing with
this.  His contact information:  Peter Sinclair greenman at tm.net 989 839
0125

Thanks, in advance, to anyone who can help Peter on this.

Adam

PS: Here is my short write-up on this:

http://getenergysmartnow.com/2009/07/28/watts-up-with-suppressing-honest-skepticism/
 Watt’s Up With Suppressing Honest Skepticism July 28th, 2009 · No
Comments<http://getenergysmartnow.com/2009/07/28/watts-up-with-suppressing-honest-skepticism/#comments>

Notable (notorious <http://www.answers.com/topic/notoriety>) climate skeptic
Anthony Watts <http://www.sourcewatch.org/index.php?title=Anthony_Watts> has
made much of looking at scientists work and seemingly showing where there
problems with that work. Evidently, however, he has some concerns when he
faces such a look; perhaps because that look provided a clear and accessible
demonstration of the shallowness of Watts’ claims. A recent video by Peter
Sinclair’s excellent “Climate Denial Crock of the Week”
series<http://greenfyre.wordpress.com/denier-vs-skeptic/denier-myths-debunked/climate-denial-crock-of-the-week/#polar>(see,
for example, this GESN
post<http://getenergysmartnow.com/2009/06/02/the-strawman-deceit-of-co2-lags-warming-by-800-years/>)
highlighted how Watts’ work is fundamentally flawed.

Watts complained to YouTube, evidently asserting copyright infringement,
and, voila, the video “Watts Up With Watts?” is no longer available.

As Kevin Grandia put
it<http://desmogblog.com/climate-crock-anthony-watts-scrubs-youtube-video>
,

So what do you do when someone posts a YouTube video saying you’re a crock?
One way is to complain and get it wiped clean off the ‘inter-tubes.’ …

The video was removed after Watts complained under YouTube’s Copyright
Infringement guidelines. This has become known as a DMCA Takedown - with the
DMCA being the US copyright law used to criminalize anyone infringing and/or
circumventing copyrighted works.

Before I posted Sinclair’s youtube video, as I normally do with any YouTube
video I post, I vetted it from a DMCA point of view and, quite frankly I
don’t know what part of the video Watts would have a problem with. There’s
nothing I saw in the video that appears to break any copyright as it relates
to Watts.

Now maybe he took issue with the short (credited) clip at the beginning from
Will Ferrell’s Anchorman movie…. but I think this is more about a video that
thoroughly shreds Watts and his argument that the world is wrong about
climate change and he is right.

So what is it Watts? Instead of hiding behind an automated service that
deletes any video on YouTube that someone claims infringes DMCA, why don’t
you email me (desmogblog [at] gmail [dot] com) and explain why you think
Sinclair’s video should not be viewed by the public.

Perhaps, Kevin, it is simply because Watts is uncomfortable when people are
too skeptical about skeptics.

Below is the totality of the (form) message from YouTube. Now, we must admit
that YouTube needs to deal with actual copyright infringement all the time.
(All those people seeking to share their favorite cable show, for example …)
And, thus this is a high burden activity that probably, in most cases, is
clear-cut infringement. In this case, Watts is able to suppress what is
arguably (actually, almost certainly) academic criticism (and / or sarcasm)
falling within the fair use doctrine. YouTube is, in essence, engaging in
preemptive censorship, placing the burden of proof on the creator rather
than expecting anything other than an assertion of inappropriate usage as
enough to shut down a video. In addition, despite requests, YouTube is not
sharing the content of Anthony Watts’ complaint nor has Watts provided (to
date) an explanation of how the video violated his property rights.

Dear Member:

This is to notify you that we have removed or disabled access to the
following material as a result of a third-party notification by Anthony
Watts Surfacestations.org claiming that this material is infringing:

Watts Up With Watts?: http://www.youtube.com/watch?v=dcxVwEfq4bM

Please Note: Repeat incidents of copyright infringement will result in the
deletion of your account and all videos uploaded to that account. In order
to prevent this from happening, please delete any videos to which you do not
own the rights, and refrain from uploading additional videos that infringe
on the copyrights of others. For more information about YouTube’s copyright
policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, please go to our Help Center to
access the instructions.

Please note that under Section 512(f) of the Copyright Act, any person who
knowingly materially misrepresents that material or activity was removed or
disabled by mistake or misidentification may be subject to liability.

Sincerely,
YouTube, Inc.


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-- 
Editor and owner
www.michiganliberal.com
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