Comments on: Noneck, The Peoples Republic of China and Fair Use http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/ Because I don't like character limits. Tue, 06 Jan 2009 02:30:52 +0000 http://wordpress.org/?v=2.7-bleeding By: Jim Crow Laws Family Law Law School Rankings http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-316 Jim Crow Laws Family Law Law School Rankings Thu, 18 Sep 2008 05:27:32 +0000 http://fredbenenson.com/blog/?p=18#comment-316 <strong>Jim Crow Laws Family Law Law School Rankings...</strong> I didn't agree with you first, but last paragraph makes sense for me... Jim Crow Laws Family Law Law School Rankings…

I didn’t agree with you first, but last paragraph makes sense for me…

]]> By: Ian Bicking http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-110 Ian Bicking Thu, 04 Sep 2008 16:05:23 +0000 http://fredbenenson.com/blog/?p=18#comment-110 It's also at least possible that the bug was a bug in some kind of censorship software. Often a piece of the site like that isn't well exercised, or regularly tested, so it's more likely that it'll have bugs. Also, of course bugs are a good cover for behavior they don't want to be seen as deliberate. But it's also entirely possible it's just a bug. It’s also at least possible that the bug was a bug in some kind of censorship software. Often a piece of the site like that isn’t well exercised, or regularly tested, so it’s more likely that it’ll have bugs. Also, of course bugs are a good cover for behavior they don’t want to be seen as deliberate. But it’s also entirely possible it’s just a bug.

]]> By: Gotham Gazette - The Wonkster » Blog Archive » NY Techie Deported from China http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-22 Gotham Gazette - The Wonkster » Blog Archive » NY Techie Deported from China Thu, 14 Aug 2008 18:42:36 +0000 http://fredbenenson.com/blog/?p=18#comment-22 [...] only experience there. His posts to FaceBook detailing his status during his deportation were being mysteriously removed. He says FaceBook is investigating. During his time in China, Hidaglo witnessed a journalist from [...] [...] only experience there. His posts to FaceBook detailing his status during his deportation were being mysteriously removed. He says FaceBook is investigating. During his time in China, Hidaglo witnessed a journalist from [...]

]]> By: Fred Benenson’s Blog » Blog Archive » Updates On Josh Harris and Facebook Censorship http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-14 Fred Benenson’s Blog » Blog Archive » Updates On Josh Harris and Facebook Censorship Wed, 13 Aug 2008 13:10:55 +0000 http://fredbenenson.com/blog/?p=18#comment-14 [...] the conclusion is that No-Neck’s facebook updates about his deportation are really PHP serialized data, says [...] [...] the conclusion is that No-Neck’s facebook updates about his deportation are really PHP serialized data, says [...]

]]> By: News » Deported from China for documenting Free Tibet protests — IOC censors YouTube videos of protests http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-12 News » Deported from China for documenting Free Tibet protests — IOC censors YouTube videos of protests Wed, 13 Aug 2008 10:01:54 +0000 http://fredbenenson.com/blog/?p=18#comment-12 [...] No-Neck, The Peoples Republic of China and Fair Use [...] [...] No-Neck, The Peoples Republic of China and Fair Use [...]

]]> By: Josh http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-11 Josh Wed, 13 Aug 2008 07:01:09 +0000 http://fredbenenson.com/blog/?p=18#comment-11 You may be jumping to conclusions about the basis for IOC's claim. Have they said that was the reason? The video appears to be back up, is it possible it was misidentified? You may be jumping to conclusions about the basis for IOC’s claim. Have they said that was the reason? The video appears to be back up, is it possible it was misidentified?

]]> By: Brian Chirls http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-10 Brian Chirls Wed, 13 Aug 2008 06:08:54 +0000 http://fredbenenson.com/blog/?p=18#comment-10 This is awful, of course, but not very surprising. Unfortunately, those Facebook status updates aren't particularly interesting. That's a PHP "serialized" (i.e. converted to text) representation of an array of six consecutive numbers. They might be indexes from a database, which would be useless to anyone who didn't have access to that particular database. I can't tell whose software screwed up the status updates, but whoever wrote it, it looks pretty buggy. As for YouTube taking down the video, that has very little to do with whether or not it's actually infringing. The DMCA requires that YouTube take down anything that anyone claims is a copyright infringement, so long as the claim fits a certain set of criteria. It's not up to YouTube to decide whether it's actually infringing; they're just passing the message along. However, your friend can submit a counter-claim to YouTube, which they have to pass back to the IOC. The IOC can then either ignore the counter-claim, in which case YouTube has to put the video back up, or they can sue your friend, in which case a court decides whether infringement took place. In my opinion (and experience - this has happened to me), this part of the DMCA, like most of it, is an awful law that presumes guilt rather than innocence. But at least it provides a way to defend yourself. YouTube has a pretty good reference on the law and their related policies here: http://www.youtube.com/t/dmca_policy I just wish they provided more prominent links to resources and tools to help victims of DMCA abuse to defend themselves. This is awful, of course, but not very surprising.

Unfortunately, those Facebook status updates aren’t particularly interesting. That’s a PHP “serialized” (i.e. converted to text) representation of an array of six consecutive numbers. They might be indexes from a database, which would be useless to anyone who didn’t have access to that particular database. I can’t tell whose software screwed up the status updates, but whoever wrote it, it looks pretty buggy.

As for YouTube taking down the video, that has very little to do with whether or not it’s actually infringing. The DMCA requires that YouTube take down anything that anyone claims is a copyright infringement, so long as the claim fits a certain set of criteria. It’s not up to YouTube to decide whether it’s actually infringing; they’re just passing the message along. However, your friend can submit a counter-claim to YouTube, which they have to pass back to the IOC. The IOC can then either ignore the counter-claim, in which case YouTube has to put the video back up, or they can sue your friend, in which case a court decides whether infringement took place.

In my opinion (and experience - this has happened to me), this part of the DMCA, like most of it, is an awful law that presumes guilt rather than innocence. But at least it provides a way to defend yourself.

YouTube has a pretty good reference on the law and their related policies here:
http://www.youtube.com/t/dmca_policy

I just wish they provided more prominent links to resources and tools to help victims of DMCA abuse to defend themselves.

]]> By: Mark Jaquith http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-9 Mark Jaquith Wed, 13 Aug 2008 05:56:00 +0000 http://fredbenenson.com/blog/?p=18#comment-9 Make that "I'd guess that <strong>they are</strong> ID numbers" -- it's late. Make that “I’d guess that they are ID numbers” — it’s late.

]]> By: Mark Jaquith http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-8 Mark Jaquith Wed, 13 Aug 2008 05:48:02 +0000 http://fredbenenson.com/blog/?p=18#comment-8 That text is serialized PHP data. Specifically, it is an array (think of an array as a "group") of six integers: 672053, 672054, 672056, 672057, 672058, and 672059. No idea what these mean, but as they are more or less in succession, I'd guess that their ID numbers for a database table. Facebook is built on PHP, so it's possible this is just a technical glitch. That text is serialized PHP data. Specifically, it is an array (think of an array as a “group”) of six integers: 672053, 672054, 672056, 672057, 672058, and 672059. No idea what these mean, but as they are more or less in succession, I’d guess that their ID numbers for a database table.

Facebook is built on PHP, so it’s possible this is just a technical glitch.

]]> By: Deported from China for documenting Free Tibet protests — IOC censors YouTube videos of protests - taccato! trend tracker, cool hunting, new business ideas http://fredbenenson.com/blog/2008/08/12/no-neck-the-peoples-republic-of-china-and-fair-use/#comment-7 Deported from China for documenting Free Tibet protests — IOC censors YouTube videos of protests - taccato! trend tracker, cool hunting, new business ideas Wed, 13 Aug 2008 05:18:48 +0000 http://fredbenenson.com/blog/?p=18#comment-7 [...] No-Neck, The Peoples Republic of China and Fair Use [...] [...] No-Neck, The Peoples Republic of China and Fair Use [...]

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