Featured 2018-10-02 - Roy Philipose: DMCA over a tweet.

I'm gonna copyright all of the internets and I'll sue ALL OF YOU! You'll see!

 

If the farms removes the content, and the user who posted the screenshot files a counter notice, you would have to wait at least 10 days but not more than 14 days before restoring the content, unless in the meantime Roy files suit against the user who posted it.

Or, you could just tell him that the user included the tweet for purposes of commentary, it's fair use, and if he doesn't like it then he can sue the farms. That's also an option.

 

He can sue and threaten everyone in the face of the earth so his twits can't be seen anymore but he ain't a super-genius, not even a highly normal person. We all know that now. If he weren't filling a DMCA (badly) no one would know or remember how stupid he was.

Congratulations, you successfully bumped your thread up and proved, once again, how highly-subnormal you are.

 

Roy Philipose is a true hero.

 

The thing is, I can't find anything indicating this is even an option.

 

I know it is pedantic, but would the wrong date (2019 instead of 2018 ) nullify the legitimacy of the DMCA?

 

exceptional individual alert, exceptional individual alert

 

I gave Roy Phlipose a chance to retract his DMCA. He instead fixed his original message's dates.

 

Has he adequately identified the work over which he's claiming authorship? "A thing I posted on (date) which I've deleted now" is pretty vague. Then he asserts that the infringement was "(user) copied and published my Tweet", which does narrow down the work in question I guess (on the URL where he claims the infringement occurred, I only see one tweet that (user) copied and published). Still, screenshots can be fake. Does he have any way of proving that he wrote it?

edit: I guess it was archived from his Twitter page before he deleted the tweet, so that might be sufficient evidence that he wrote it. But it also means that you could just delete the screenshot and leave the links to the archive.

 

It is, but you can delete that shit unless someone's already archived it.

 

"My copyrighted tweet"
I'm pretty sure Twitter has it, not you.
Either way, this is beyond fucking exceptional.

Did some reading
A tweet is protected by copyright if the following criteria are satisfied:

• The content must be original to its author, meaning the expression cannot be copied from someone else, and it must possess at least a minimal amount of creativity. For example, a tweet that merely lists the 5 most popular television shows in the country will likely not contain the requisite amount of creativity (remember facts aren’t protected). On the other hand, a tweet or thread of tweets containing commentary and analysis about what makes those 5 shows so popular would likely satisfy the requirement.

• The tweet must contain something more than simply a name, single word, or short phrase, since these are not protected by copyright law. Although there is a 140-character limit, a lot can potentially be said in 140 characters or less. Additionally, twitter now allows for tweets to be “threaded,” which allows a user to post longer, cohesive messages, despite the character limit.

Below are your gay tweets:


So let's see, did you tweet out anything creative? No.
Is it more than a short phrase? Does it contain information that can potentially be protected under DMCA laws? Fucking no.

You're an absolute moron.

Source: https://copyrightalliance.org/ca_faq_post/tweet-protected-copyright/

Moreover, retweeting is allowed. Distributing the tweets is ALLOWED. How exactly fucking dumb are you? No wonder you're an unpaid legal adviser, I'd require getting fucking paid to take your advice. Hope you sue your wife's child's father too.

 

No major platform with user submitted content claims copyright over the stuff you post. Not youtube, not facebook and not twitter.

 

What a bitch

 

Tweets belong to the person who wrote them, not Twitter. The terms of service do assert that Twitter has the licensing rights to display the tweets and to sublicense that right to anyone in the world, but I'd take a conservative guess that it specifically only applies to Twitter displaying the tweets on its official site and on third-party sites via the official Twitter embed.

I doubt that it directly gives you the right to copy posts and publish them without the author's permission, even if you attribute them to him. Taking a screenshot of someone's tweet and posting it elsewhere is a legal gray area and if it ended up in court it would probably depend on whether the court decided that it was fair use.

 

So the Internet as we know it is in peril, then?

 

How is reposting tweets or youtube videos publicly available here or any other place a copyright crime?
Do this people think that just the act of reading such posts or watching such videos constitute a piracy act? If you don't want people to repost your shit, to screencap, don't fucking post that online.

Copyright tweet? This guy is literally exceptional

 

Yep. Short phrases -- like slogans or tweets -- are ineligible for copyright protection in the USA.

 

ROY'S OUR BOY

 

It's an option insofar as it puts you outside the safe harbor provision of the DMCA, because you're failing to abide by it. It doesn't mean he has any more of a copyright case, but it does mean that he can pursue that case (of whatever merit) against the site and not just the poster. So... liability.

 

Reposting without permission, assuming it's not covered under fair use, is indeed a violation of copyright.

Copyright doesn't vanish online. What happens is that it does start to get harder to enforce, which is why there are laws like the DMCA.

Though I think it's dumb to tell people not to post things online. Do we expect the entire field of paid writing to go away (or at least not extend onto the internet)?

Slogans yes. Tweets are tricky because they can be part of larger bodies of work. Like a twitter thread itself, if you argued that it's an essay and not a conversation, is likely copyrightable.

Quoting a single tweet from a thread is probably fair use, like quotations in general. But I think copyright would apply to the whole "work". It's untested waters.