Clip Theft

[charmax.livejournal.com]

If I am not supposed to post this kind of thing here then I'm sorry.

I know this might be asking a bit much but I could do with some help from the wider vidding community (in terms of sending out educating e-mails).

I have confronted this person at http://1st-dtcs.net about my unhappiness with the way she has uploaded my videos without consent (also icons).
But the main issue now is that she has "made" a video using all of my "Bound video". She chopped it up, changed it around a little, stuck a song on top and calls it her own work.

I really do not want to be petty but this seems to be the routine for her. If you make any L Word vids, specifically Marina or Jenny then be on your guard. Dyke videos in general could be an issue.

After much confrontation her response to clip theft is below.

NOTICE

Hypervision Video Showcases the BEST Karina Lombard/ Marina Ferrer videos on the internet.  Hypervision Video does NOT "steal videos" and gives attribution to the creators when it is available.  This disclaimer is for vidders who believe that others must ask their permission  to show their videos.  This is laughable as I have already done the legal research and it is insane to falsely believe that any vidder who borrows from copyrighted material in  the first place, has a right to with hold from another particularly when they get credit for the video .  All of MY videos (I am referring to the ones by CraziSexy, Me, Sesi, Lezxotic) are available for download and can be displayed on other websites without permission.  This site is copyrighted under the  Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License..

VIIDDERS DO NOT SEEK PERMISSION FROM FILM STUDIOS, TELEVISION NETWORKS, OR THE ACTORS FEATURED IN THEIR VIDEOS,yet they demand it.

  TO THIS I GIVE A RESOUNDING "GIVE ME A BREAK".

ETA: I have had further communication. I am laughing so much I can't be angry. This is just ludicrous.

OOOOhh I am sssoooooo scared! A bunch of teenagers and twenty somethings made up some rules.
You know I would have been nicer to you because I did at one time respect your work, but you assualted my site with you demands AFTER you thanked me for "Plugging" your video? Pay my hosting fees, or send a dontation through Pay Pal of $25.00 and I will remove something. My tribute to vid "Mad About You Cannot" be removed though, besides it's been up almost a year anyway. You should have felt honoured that I considered your work good enough to make an homage to it.

I tell you what why don't you send these "rules" to television netoerkis, and the news, and movie studios I am sure they could use a good laugh. Especially when they see it's their work that you and others have stolen and used WITHOUT permission.

Comments

[tzikeh.livejournal.com]

send her here (http://www.livejournal.com/users/tzikeh/49735.html).

And there's nothing wrong with posting this here as far as I can tell.

If that doesn't help (which it probably won't, but it's worth a shot), we can spread the word around the community. We're pretty good about stopping people like this.

also -

[tzikeh.livejournal.com]

You could post this to the vidder group on yahoo, where 1200 people will see it.

[wiccanslyr.livejournal.com]

As I vidder who has had to deal with these issues before I am glad that you shared this info. Have you reported this site and it's "vidder" to Fade to Black/?

They may be able to "explain" things to this person in words they may understand.

Good luck!

PS. You've always been one of my personal favorite vidders ;)

[chinawolf.livejournal.com]

Her cheek is nothing short of astonishing.

[par-avion.livejournal.com]

I'm glad you posted this here. I tried to send an email to vidder yesterday, but it did not go through. Maybe I wasn't logged in properly?

Can you post her email address? That would make it easier to contact her.

Do you want me to try again with vidder or are you on the list?

[charmax.livejournal.com]

Thank you everyone for your support. I have just e-mailed her again with the link that you gave tzikeh I also directed her to Fade To Black. I am really not sure if that is going to work, her whole attitude is confrontational.

par_avion her email is this > lezxotic@yahoo.com Thank you for posting the problem over at "vidder yahoo" It's not a group I have ever used.

[gwyn-r.livejournal.com]

You really ought to consider joining the yahoo mailing list. This is a big issue on Vidder, and there are a lot of people who are willing to go to the mats for vidders whose work has been lifted. LJ is a very passive and fractured community, and lists tend to be more focused. It's also a good resource for tech help. It sounds like this has been an ongoing problem for you with this person, and you could use the support!

[sdwolfpup.livejournal.com]

I also sent her an email linking to tzikeh's post and being very polite but saying she needs to remove the vids. We'll see if she responds.

[charmax.livejournal.com]

Thank you wolfpup! I guess we just sit and wait now.

[astartexx.livejournal.com]

Now so much for the assholes who think they are Hollywood Producers, they should be glad that their vid is getting FREE publicity. In fact one of them thanked me (see Guestbook) only to turn around and accuse me of "stealing" (?), tell you what, I am not up for a war, so we can take it to court, and we'll see how silly this is..

Copied from her site... WTF??? There is a difference between saying, you should have asked, but I will let you off easy, because you left my vid intact and uploaded it to a freeserver service and chopping off a vid, claiming it as your own... Plus her fanfic is her property, but Charmax has no rights whatsoever to protect her work?

[charmax.livejournal.com]

The more that I delve into her site the more unbelievable it gets. She is actually asking for donations via pay pal to "Help the Creative process" for her fanfic. And further down on that page she says

"ARCHIVING: Only with the permission of the author.
If you cite any portion of this work please give proper credit to the author."

Another Idea

[(Anonymous)]

If, after a few days, she does not offer a better response than "Bite me", may I suggest we think of responding in kind? Such as downloading (and then sending to the recycle bin) each and every one of those vids one a day. See how long her bandwidth can hold up. Sort of a reverse boycott.

I suggest this only after there has been some additional dialogue and discussion.

Re: Another Idea

[charmax.livejournal.com]

That sounds very good to me. I am still waiting on further communication.

[cofax7]

This site is copyrighted under the Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License..

I suspect she's in violation of her own license if she isn't attributing you properly, either.

I expect that you didn't put your stuff up under a CC license, and part of the whole Creative Commons ethic is recognizing and respecting other people's creativity and ownership of their work.

This is laughable as I have already done the legal research and it is insane to falsely believe that any vidder who borrows from copyrighted material in the first place, has a right to with hold from another particularly when they get credit for the video .

She's missing the point: vidders want to control distribution in order to protect themselves from legal problems. And if the creator of a vid doesn't have the right to say where it's hosted, who should?

Stupid people. Also? "Withhold" is one word. And there still isn't much in the way of legal guidance regarding noncommercial distribution of derivative art. She's talking out her arse.

[charmax.livejournal.com]

"She's talking out her arse" - she certainly is. Whatever she believes the legal position to be it seems to me that it is just common courtesy to remove my work from her site given that I have made my objections clear. It adds insult to injury to maintain that she is the one doing me a favour by providing me with free publicity.

She doesn't want people archiving and distributing her fanfic left, right and centre. Why on earth is it such leap to see that a vidder would want the same level of control?

Once again, thanks to everyone for their helpful suggesions and comments. So far I have not heard back from this person, maybe she is just planning to ignore me.

[obsessive24.livejournal.com]

I just think this isn't a legal issue at all. Sure, maybe none of us has a legal leg to stand on per se, but it's not about that, is it? It's just a matter of common decency. I'm sorry about how this whole thing has affected you and hope that it will be sorted out to your satisfaction. :)

[jackiekjono.livejournal.com]

She has a guest book. It's nice and public.

http://www.guestbookdepot.com/php/guestbook.php?book_id=648887&

[chocolatyshatnr.livejournal.com]

Seems she's going through and erasing all entries that aren't to her liking...

[jainieg.livejournal.com]

I notice one of my friends' vids is being hosted at this site. Doubt she knows. Think I'll go and inform her, just so she's aware. Thanks for the heads-up!

[charmax.livejournal.com]

I am just banging my head against a brick wall. This is going nowhere. Do I just back down? It will be tit for tat - I go to her hosting provider about her terms of service and she will most likely do the same to me.

[foufymaus.livejournal.com]

Char, don't back down. we're behind you all the way. I'll go and jot off an email to the "dudes who actually own this stuff" point them to a certain site that is taking $$ for their properties. but not till after all the talk in the vidder and lj has been done. ;)

mausie

Still WTF

[astartexx.livejournal.com]

Got the same kind of answer, also demanding the payment before she takes anything off her site and you are right, I wouldn't go through her hosting provider, it's just too risky and really is it worth it?

But I'm sure as hell gonna give her a nice reply to her mail...

[cassiee.livejournal.com]

Well, I have been observing this, and I think you're dealing with someone who's unbalanced. I think it's terrible that's it's happening to you Charmax, since you're such a talented vidder. And this is coming from a newbie vidder, and the thought of clip theft is just so wrong.

Any way, I skimmed the guest book, and she posted a reply to someone's comments:

"Take what videos down? The opening video is a vidseo that I created! I am NOT taking it down. The other video I am NOT taking it down. everything else is a link and I am entitled to link to whatever I chose to link to. If anyone wishes to contact me please email me, because I will be deactivating this guest book because YOU are the rude ones! This is a guest book and NOT a message board. grow up."

and someone who commented on the it as well(Vivian Gertz ):

I have enjoyed comming to your site, but I have also been reading several of the posts going back and forth. I don't know what videos they are pressuring you to take down but there are only 3 videos on your site. 1. on the opening paghe 2. the 4400 from USA Networks and 3. the video on the L Spot. I assume that you created the video on the opening page so you do not have to take that down, but I suggest you go ahead and deactivate this guestbook to save you from the harrassment, apparently there are many people attempting to control you for some reason, well I stand behind you, sometimes rules are meant to be broken.

Here is the e-mail I got

[jackiekjono.livejournal.com]

All of them? I created the video on the opening page and the second video is from the 4400 on USA. I am not taking down the video that I made, nor am I taking down the video clip from the 4400. So which video are you referring to huh? The video on the L Spot? well since you all think you can harrass me and intimidate me HELL NO I AM NOT TAKING THAT VIDEO DOWN NOW YOU FUCKING ASSHOLES. You do not control me I am an adult woman and am not going to engage in games with children. Get Lost I will be deactivating the guestbook since you motherfuckers do not know how to use goddamn email, and now I will show any fucking video I want are you happy?


(I was as restrained and polite as I could be. Motherfuckers. Beautiful.)

[random-flores.livejournal.com]

Oh, I've deal with this lady before. She's kinda scary.. it's utterly useless to try to talk to her. She immediately takes offense and then starts hounding you out. I remember her contacting me and demanding why I didn't place her link on my website, when I called her on taking my vids, she told me pretty much what she told you, and then just went completely off. And KEPT EMAILING ME.

I just went 'f*ck it' and let it go. Nice to see I'm not the only one she took on though.

[klia.livejournal.com]

I'm so sorry this is happening to you. What an asshat!

Hey, why don't you take one of her stories, replace the names with characters from another fandom, post it with your name as author and a new title, send her the link, and see how much she likes plagiarism then? Maybe it'll finally get through her thick skull!

[charmax.livejournal.com]

It's getting very close to me actually doing that!

[gwyn-r.livejournal.com]

I'm so sorry this is happening to you. I thought that the support from other people might help with the situation, but this woman is obviously demented (and I love her insistence that she is an adult woman! Whoa, yeah, that much is so clear...), and very disturbed.

It puts you in a bad position to go to her ISP, of course... I guess the only thing you can do is try to post as much in the communities and let people know what she's doing, who she is, and what the story is with your vids. The wider the broadcast, the better. She obviously has a minion or two, but they sound just as unhinged as she is (there are always naive and immature fans who will be dazzled by someone they think is a big name fan, and who will blindly support that person no matter what), and hopefully there are more than a few normal, sane people in this fandom.

I just don't know how you can stop someone who's as obviously mental as this little girl is.

[charmax.livejournal.com]

Thanks for your support. It is quite clear that no amount of reasoned argument will change her mind. I am reaching the end of the road with this adult woman. It is quite an achievement to sound patronising and deranged at the same time. Anyway I am inclined to think that I have wasted enough time and energy on her. It is making me feel stressed, tired and emotional and I refuse to give her that satisfaction. She is obviously one of those people who have to have the last word on everything. I won't be initiating any further contact with her but will continue to respond if she continues to harangue me with menacing emails. I do feel like a quitter but the whole tit for tat thing is just exhausting. Of course I have no way of knowing just how far her threats to remove my site will go but if she does go that route it could cause problems for my affiliates etc.

[illiriahrising.livejournal.com]

I find it intersting that she keeps bringing up the CC on her site and in her emails yet right there in the CC it says "Noncommercial. You may not use this work for commercial purposes.

Seems like she's not exactly keeping to the "letter of the law" on that if she is asking for donations for her fic. I'm with whoever suggested emailing the folks who own the rights to the works she basing her fics on. What a creep this gal is.

[gianna24.livejournal.com]

Sounds like a crazy bitch. Sorry to hear about your back.

[luminosity]

Char, I'm so very sorry that you're having to deal with this asshat. I know just how you feel, and if there's anything I can say or do, just let me know.

Our only power in fandom is the power of coventry/shunning. I shun her.

[charmax.livejournal.com]

Thank you for your support Lum.

I guess I have reached the end of the road with her. Once reasoned argument fails there is not much left to do. I am trying a last flurry of emails and after that I will have to call it quits.

[immortal-media.livejournal.com]

UGH, I just HATE people like this. Sorry she's being so immature. I saw on her site that she banned like four people from emailing her because they...I dunno, I forget the words. But it's simply ridiculus. You should send an email to the Yahoo! Vidder group. There's definately enough people there to stop her. She can't ban 1200 people without realizing SOMETHING'S wrong with what she's doing.

[charmax.livejournal.com]

She emailed me with a further 3 or 4 people she has claimed to block - weirdly I'm not one of them.

As for Yahoo vidder I think par avion posted something about it a little while ago I've never posted there myself.
The truth is I don't think she will be budged no matter how many people email her.

[foufymaus.livejournal.com]

am i one of them? please can i blocked, i have more than a few addys to use ;)

mausie

Qlaunch upgrade downloadable software

[(Anonymous)]

Microsoft office small business 2016 medialess license kit for system builders 1 pack license only

http://mabmipo.php0h.com/gurux/embarcadero-rad-studio-v2017-architect-multilanguage-cygiso.html
Dk explore space learning powerpack
http://fromsicatch.cuccfree.com/qiwukuma/adobe-after-effects-std-65-cdset-mac-12040150dm.html
Daily mind builders science gr 5 12
http://celrela.freehostingking.com/rejawyn/ytd-v2-6-final-for-android-scenedl.html
http://celrela.freehostingking.com/rymobodyt/fraps-342-fully-registered-ibenjamin.html
portable database browser 3.2.2.10 by jamessul (http://faipobo.260mb.net/maqawu/portable-database-browser-32210-by-jamessul.html)
[url=http://gephahu.phpzilla.net/daniziro/latale-latale-setup-1-841.html]latale latale setup 1 841[/url]