Je ne suis pas fan de l'EFF (Electronic Frontier Foundation) et en général, leur newsletter va droit au bac. Mais là, ils ont un cas original. Vous vous souvenez d'Uri Geller ? Le type qui prétendait plier les cuillères par la pensée et par la télé. Chacun devait mettre une cuillère devant sa télé, il se concentrait et les gens "réceptifs" verraient leur cuillère plier. Evidemment, c'est de la foutaise pure et dure. Mais Uri Geller n'a pas lâché le morceau et devant les critiques de ses petits tours de passe-passe sur youtube, il prétend que ça viole son copyright et fait retirer la vidéo.
Spoon-Bending 'Paranormalist' Illegally
Twists Copyright Law
Uri Geller Makes Bogus Copyright Claims to Silence YouTube
Critic
San Francisco - The Electronic Frontier Foundation (EFF) filed
suit
Tuesday against Uri Geller -- the "paranormalist" famous for seemingly
bending spoons with his mind -- on behalf of a YouTube critic who was
silenced by Geller's baseless copyright claims.
EFF's client, Brian Sapient, belongs to a group called the
"Rational
Response Squad," which is dedicated to debunking what it calls
irrational beliefs. As part of their mission, Sapient and others post
videos to YouTube that they say demonstrate this irrationality. One of
the videos that Sapient uploaded came from a NOVA program called
"Secrets of the Psychics," which challenges the performance techniques
of Geller.
Despite the fact that only three seconds of the over
thirteen-minute
video contain footage allegedly under copyright owned by Geller's
corporation Explorogist Ltd. -- a classic fair use of the material for
criticism purposes -- Geller filed a takedown demand with YouTube under
the Digital Millennium Copyright Act (DMCA). That violates the DMCA
requirement that copyright holders only send takedown notices for
infringing content.
"Uri Geller may not like it when people question his
paranormal
abilities. However, he is not allowed to stifle public criticism by
misusing the law," said EFF Staff Attorney Marcia Hoffman. "If the
publication of a video does not infringe his copyright, then he cannot
block its use -- it's as simple as that."
Because of Geller's unlawful DMCA notice, Sapient's YouTube
account
was suspended, and his videos were not available for over two weeks. In
the lawsuit filed Tuesday, EFF asks for damages due to Geller's
violation of the DMCA, a declaratory judgment that the NOVA video does
not infringe Geller's copyrights, and that Geller be restrained from
bringing any further legal action against Sapient in connection to the
clip.
"We've seen a rash of people abusing the DMCA lately,
attempting to
take down legitimate criticism and commentary online," said EFF Staff
Attorney Jason Schultz. "To allow thin-skinned public figures like Uri
Geller to abuse this system forces critics to remain silent and creates
unfair hurdles for free speech to thrive online."
This lawsuit is part of EFF's ongoing work to protect online
free
speech in the face of bogus copyright claims. EFF is currently working
with Stanford's Fair Use Project to develop a set of "best practices"
for proper DMCA takedowns. At EFF's suggestion, media giant Viacom set
up an email "hotline" to help users who believe their videos have been
improperly ensnared in a takedown campaign.
For the full complaint against Uri Geller and Explorogist Ltd.:
http://eff.org/legal/cases/sapient_v_geller
Uri, vous êtes le maillon faible. Au revoir.