Feminist Frequency Youtube channel banned

 
big sponge
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Shame she's back up because of her notoriety. If a smaller channel had been banned for stealing other peoples work and claiming it as their own they'd never have won their appeal.


Yu | Mythic Inconceivable!
 
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Almost always, with moderation
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Her [Anita's] work focuses on deconstructing the stereotypes and tropes associated with women in popular culture as well as highlighting issues surrounding the targeted harassment of women in online and gaming spaces.
This sounds more interesting than deterring to me. What's the consensus on feminism as perceived by media representation and the ideological premise here?
From what I'm reading of her work she's very articulate.
Fourth wave feminism is considered a joke, and only taken seriously on places like tumblr


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theres feminism and theres this

this is the same woman that said EA should make easier controls for mirrors edge cause its too difficult to play for women


 
Verbatim
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Her [Anita's] work focuses on deconstructing the stereotypes and tropes associated with women in popular culture as well as highlighting issues surrounding the targeted harassment of women in online and gaming spaces.
This sounds more interesting than deterring to me. What's the consensus on feminism as perceived by media representation and the ideological premise here?
From what I'm reading of her work she's very articulate.
Fourth wave feminism is considered a joke, and only taken seriously on places like tumblr
Third wave.


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Shame she's back up because of her notoriety. If a smaller channel had been banned for stealing other peoples work and claiming it as their own they'd never have won their appeal.

Can someone actually talk about whether using others' clips is stealing? Content creators do not retain any rights to their clips as far as I'm aware, because all of that falls under whoever owns that intellectual property; in this case, it's the game's publisher. Content creators own the rights to their commentary and subsequent video, but I don't see how they could argue she stole their work unless she's copying other peoples' videos or arguments (which doesn't appear to be the case). And beyond that, if she's just using standalone clips, that would also fall under fair use because it's transformative and journalistic.

http://newmediarights.org/fairuse/
Spoiler
Quote
Do you own the rights to each piece of media that you use in the documentary or online video?
No
If you don't own the content, do you have a license to use it?
No
Is the media released under a Creative Commons license?
No
Is the media you are reusing part of the public domain?
No
Is the purpose of the use criticism, commentary, reporting, teaching, research or parody?
Yes
Does your reuse transform the material in some way?
Yes
Is the use of the copyrighted media necessary to understand the meaning of your video?
Yes
Is the project for profit?
Yes
Is the content you reuse fact based or is it highly creative?
Factual
Was the content published?
Yes
Did you use only as much copyrighted content as was needed to make your point?
Yes
What percentage of the reused content was taken, and what percentage of the new work does it constitute?
Low
Is the content taken at the heart of the work?
No
Will your work negatively affect the sales of the content you reuse?
Yes
Is your video or product competing in the same market as the copyrighted content?
No
Last Edit: May 08, 2016, 12:46:03 PM by HollowedTurkey


 
big sponge
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Shame she's back up because of her notoriety. If a smaller channel had been banned for stealing other peoples work and claiming it as their own they'd never have won their appeal.

Can someone actually talk about whether using others' clips is stealing? Content creators do not retain any rights to their clips as far as I'm aware, because all of that falls under whoever owns that intellectual property; in this case, it's the game's publisher. Content creators own the rights to their commentary and subsequent video, but I don't see how they could argue she stole their work unless she's copying other peoples' videos or arguments (which doesn't appear to be the case). And beyond that, if she's just using standalone clips, that would also fall under fair use because it's transformative and journalistic.

http://newmediarights.org/fairuse/
Spoiler
Quote
Do you own the rights to each piece of media that you use in the documentary or online video?
No
If you don't own the content, do you have a license to use it?
No
Is the media released under a Creative Commons license?
No
Is the media you are reusing part of the public domain?
No
Is the purpose of the use criticism, commentary, reporting, teaching, research or parody?
Yes
Does your reuse transform the material in some way?
Yes
Is the use of the copyrighted media necessary to understand the meaning of your video?
Yes
Is the project for profit?
Yes
Is the content you reuse fact based or is it highly creative?
Factual
Was the content published?
Yes
Did you use only as much copyrighted content as was needed to make your point?
Yes
What percentage of the reused content was taken, and what percentage of the new work does it constitute?
Low
Is the content taken at the heart of the work?
No
Will your work negatively affect the sales of the content you reuse?
Yes
Is your video or product competing in the same market as the copyrighted content?
No

It's a violation of their community guidelines which is stated to be against the terms of service.

Quote
Only upload videos that you made or that you're authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

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You further agree that you will not submit to the Service any Content or other material that is contrary to the YouTube Community Guidelines, currently found at https://www.youtube.com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Last Edit: May 08, 2016, 01:08:33 PM by LC


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It's a violation of their community guidelines which is stated to be against the terms of service.

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Only upload videos that you made or that you're authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

Clips from other videos are neither music tracks, snippets of copyrighted programs, nor videos made by others. They aren't even really clips of videos made by others, since that person doesn't retain any rights to those clips. There are tons of videos out there that use clips of other peoples' original content as well, such as reaction videos or videos about YouTube drama; the terms of use clearly prohibit uploading someone else's video, but not the use of someone's clips in a different, original video.


 
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It's a violation of their community guidelines which is stated to be against the terms of service.

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Only upload videos that you made or that you're authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

Clips from other videos are neither music tracks, snippets of copyrighted programs, nor videos made by others. They aren't even really clips of videos made by others, since that person doesn't retain any rights to those clips. There are tons of videos out there that use clips of other peoples' original content as well, such as reaction videos or videos about YouTube drama; the terms of use clearly prohibit uploading someone else's video, but not the use of someone's clips in a different, original video.

It doesn't really matter whether or not if lets players "retain rights" to their clips or not because youtube's ToS clearly states that you are not allowed to use another users videos without authorization from that user. A video and clip can also be the same thing as a clip is just a short slice of a film or broadcast and a video is just a recording or broadcast of moving images and when taking YouTubes past actions into account it's clear that YouTube considers them to be synonymous as well. The defense of "well other people break the rules all the time" doesn't fly because those people should be getting suspended too, it's just impractical to catch everyone due to how absolutely massive youtube is.

Really though, Anita should either just ask these lets players for permission to use their videos or you know, actually use the money she was paid to actually play those video games and record her own footage.
Last Edit: May 08, 2016, 02:30:55 PM by LC


 
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The defense of "well other people break the rules all the time" doesn't fly because those people should be getting suspended too, it's just impractical to catch everyone due to how absolutely massive youtube is.
it's also the #1 reason anyone uses youtube in the first place

they use it to watch stolen content--period

if they were to delete all copyrighted content off of youtube, guess how many people would use youtube

so not only would it be "impractical," it would be fucking retarded


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emigrate or degenerate. the choice is yours
The defense of "well other people break the rules all the time" doesn't fly because those people should be getting suspended too, it's just impractical to catch everyone due to how absolutely massive youtube is.
it's also the #1 reason anyone uses youtube in the first place

they use it to watch stolen content--period

if they were to delete all copyrighted content off of youtube, guess how many people would use youtube

so not only would it be "impractical," it would be fucking retarded
I know you're arguing just for the sake of arguing but even you have to realise these contrarian excuses are pretty pathetic.


 
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I know you're arguing just for the sake of arguing but even you have to realise these contrarian excuses are pretty pathetic.
if all "stolen" content on youtube was gotten rid of, youtube would die

it's just a fact


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emigrate or degenerate. the choice is yours
I know you're arguing just for the sake of arguing but even you have to realise these contrarian excuses are pretty pathetic.
if all "stolen" content on youtube was gotten rid of, youtube would die

it's just a fact
You're definition of "stolen" is pretty vague seeing as you seem to think the majority of YouTube consists of stolen content.


 
big sponge
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The defense of "well other people break the rules all the time" doesn't fly because those people should be getting suspended too, it's just impractical to catch everyone due to how absolutely massive youtube is.
it's also the #1 reason anyone uses youtube in the first place

they use it to watch stolen content--period

if they were to delete all copyrighted content off of youtube, guess how many people would use youtube

so not only would it be "impractical," it would be fucking retarded

Back in the early days of YouTube this was true. However these day the number one sector of the site is gaming. Let's Plays, competitive matches, industry talks, reviews, previews, editorials et cetera are what make up the lions share of profit now.


 
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Back in the early days of YouTube this was true. However these day the number one sector of the site is gaming. Let's Plays, competitive matches, industry talks, reviews, previews, editorials et cetera are what make up the lions share of profit now.
...all of which contain stolen content, by your definition


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A video and clip can also be the same thing as a clip is just a short slice of a film or broadcast and a video is just a recording or broadcast of moving images and when taking YouTubes past actions into account it's clear that YouTube considers them to be synonymous as well.
They clearly aren't, though; that's why film critics can show clips of movies but can't upload the entire movie. YouTube seems to make a pretty explicit distinction between uploading someone's video as one's own and sampling clips in a journalistic role. Look at literally any media critic -- they're doing the exact same thing Anita has done. It doesn't matter if some vlogger uploaded the clip; even if that person did own the rights to that clip (and they don't), it would still be subject to fair use.
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The defense of "well other people break the rules all the time" doesn't fly because those people should be getting suspended too, it's just impractical to catch everyone due to how absolutely massive youtube is.
They're not breaking the rules. I'm describing a well-established precedent for what others -- big or small -- have done within the terms of use. My argument is that she hasn't broken any rules, not that it's just okay for her to do so and get away with it.
Last Edit: May 08, 2016, 03:09:57 PM by HollowedTurkey


 
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turkey you don't understand

i disagree with her toxic feminazi ideology, so that justifies banning her channel under faulty grounds


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They clearly aren't, though; that's why film critics can show clips of movies but can't upload the entire movie. YouTube seems to make a pretty explicit distinction between uploading someone's video as one's own and sampling clips in a journalistic role. Look at literally any media critic -- they're doing the exact same thing Anita has done. It doesn't matter if some vlogger uploaded the clip; even if that person did own the rights to that clip (and they don't), it would still be subject to fair use.
Media critics also give credit to the creator of the source material when they reference it. Anita gives credit to the game's creator, but not the clip's creator. By not citing the clip's source, she's lying by omission-- creating the false impression that it was her own recording. Using the content itself isn't an issue, though; if the clip displayed is less than 30 seconds in length then it qualifies for fair use.

Nobody's calling for her to be fined and jailed; simply having her give credit where it's due isn't much to ask.


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Media critics also give credit to the creator of the source material when they reference it.
This isn't true at all, and doesn't factor into fair use policy or anywhere in YouTube's terms of use.
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Anita gives credit to the game's creator, but not the clip's creator. By not citing the clip's source, she's lying by omission

She doesn't need to give credit anywhere. Fair use doesn't require that, nor does YouTube's terms of use. Whenever someone uploads a video and writes something like, "I don't own this content, the source is linked below", etc, it means nothing. "Lying by omission" is irrelevant to the discussion, and she has no obligation to say where she got her clips because those content creators have no claim to the rights of the game.

Fair use frees her from all obligation to obtain permission from anyone. She could take a clip of 100% original content and use it in a satire or journalistic video without saying a word to the content's creator.
Last Edit: May 08, 2016, 03:30:41 PM by HollowedTurkey


 
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Media critics also give credit to the creator of the source material when they reference it.
when

where


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Get of my lawn
So basically many of you believe in unfettered free speech so long as you don't disagree with what the person is saying. When they say something you find disagreeable, then it's bring out the loopholes and point of view statements.

There are hundreds if not thousands of YouTube channels that game play footage on them. Many copy footage from other channels. They aren't being banned. Fair use is fair use. So long as they don't try to profit from it or claim it as original, then it's usable. She did neither.


 
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misogynists getting BTFO itt

that's pretty IRONIC


 
big sponge
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Back in the early days of YouTube this was true. However these day the number one sector of the site is gaming. Let's Plays, competitive matches, industry talks, reviews, previews, editorials et cetera are what make up the lions share of profit now.
...all of which contain stolen content, by your definition

Only not at all. If someone has uploaded footage of themselves playing a game that isn't stolen content. If someone is giving a talk on the industry or offering their opinions on the industry they are not stealing content. Reviews are also not stolen content. Using other people gameplay or videos with their authorization isn't stolen content.  Using a third party tool to rip videos from youtube (something that is against the ToS) and then reuploading them inter the pretense that they were made by you is.

You're really stretching here Verb.


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misogyny is fun


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Using a third party tool to rip videos from youtube (something that is against the ToS) and then reuploading them inter the pretense that they were made by you is.

Can you cite a single instance in any of Anita's videos where she claims that the clips are her own?


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His eyebrows sparkling, his white beard hangs down to his chest. The thatched mats, spread outside his chise, spread softly, his splendid attos. He polishes, cross-legged, his makiri, with his eyes completely absorbed.

He is Ainu.

The god of Ainu Mosir, Ae-Oine Kamuy, descendant of Okiku-Rumi, He perishes, a living corpse. The summers day, the white sunlight, unabrushed, ends simply through his breath alone.
This isn't true at all, and doesn't factor into fair use policy or anywhere in YouTube's terms of use.
What film critic doesn't talk about the director, producer, publisher, etc? They're pretty important pieces of discussion, and I have no idea how someone can do a proper review without mentioning any of them. And we're talking about using those film clips here, meaning that you must give credit to the copyright holders (the person who recorded the clip retains a form of copyright, whether it be attribution, non-commercial, or any form of creative commons). This is definitely relevant to fair use, that's all I'm discussing.

Quote
She doesn't need to give credit anywhere. Fair use doesn't require that, nor does YouTube's terms of use. Whenever someone uploads a video and writes something like, "I don't own this content, the source is linked below", etc, it means nothing. "Lying by omission" is irrelevant to the discussion, and she has no obligation to say where she got her clips because those content creators have no claim to the rights of the game.
Fair use does, in fact, require use to credit to owner of the property. That's why Nintendo can strong arm Let's Players for ad revenue. The reason why you can't just give Nintendo credit to keep them away is because their copyright (traditional) doesn't allow others to use their properties without permission and (more importantly) for making money off of it.

And yes, it is relevant. Leaving out key details creates a false impression of a subject; not crediting the owner of a property is legally the same thing as claiming it is your own. Look at the bottom of a youtube video-- there is a copyright of some sort labeled at the bottom. For her to use the clips under fair use, she must credit the owner (although she doesn't need permission).
Last Edit: May 08, 2016, 03:46:30 PM by Prime Kruphix


 
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Only not at all. If someone has uploaded footage of themselves playing a game that isn't stolen content. If someone is giving a talk on the industry or offering their opinions on the industry they are not stealing content. Reviews are also not stolen content. Using other people gameplay or videos with their authorization isn't stolen content.  Using a third party tool to rip videos from youtube (something that is against the ToS) and then reuploading them inter the pretense that they were made by you is.
by this logic, anita hasn't stolen anything

you're really stretching here, LC


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His eyebrows sparkling, his white beard hangs down to his chest. The thatched mats, spread outside his chise, spread softly, his splendid attos. He polishes, cross-legged, his makiri, with his eyes completely absorbed.

He is Ainu.

The god of Ainu Mosir, Ae-Oine Kamuy, descendant of Okiku-Rumi, He perishes, a living corpse. The summers day, the white sunlight, unabrushed, ends simply through his breath alone.
Fair use frees her from all obligation to obtain permission from anyone. She could take a clip of 100% original content and use it in a satire or journalistic video without saying a word to the content's creator.
I never once stated she had to have permission to use the clips, because she doesn't. I said that she has to credit the source.


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His eyebrows sparkling, his white beard hangs down to his chest. The thatched mats, spread outside his chise, spread softly, his splendid attos. He polishes, cross-legged, his makiri, with his eyes completely absorbed.

He is Ainu.

The god of Ainu Mosir, Ae-Oine Kamuy, descendant of Okiku-Rumi, He perishes, a living corpse. The summers day, the white sunlight, unabrushed, ends simply through his breath alone.
So basically many of you believe in unfettered free speech so long as you don't disagree with what the person is saying. When they say something you find disagreeable, then it's bring out the loopholes and point of view statements.

There are hundreds if not thousands of YouTube channels that game play footage on them. Many copy footage from other channels. They aren't being banned. Fair use is fair use. So long as they don't try to profit from it or claim it as original, then it's usable. She did neither.
I would like to see those people banned as well. Nobody should get away with breaking rules.

I don't disagree with her general sentiments at all, just a few examples that she cites to support them (mostly because of them being taken out of context, IE Hitman).


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What film critic doesn't talk about the director, producer, publisher, etc?

One of myriad examples: Music Video Sins. He uploads videos that he presumably took directly from YouTube, and without comment of the channel that originally uploaded it, uses it in a satirical, fair use role.
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Fair use does, in fact, require use to credit to owner of the property. That's why Nintendo can strong arm Let's Players for ad revenue. The reason why you can't just give Nintendo credit to keep them away is because their copyright (traditional) doesn't allow others to use their properties without permission and (more importantly) for making money off of it.
Without delving into the depths of fair use law, I can assure you that of the four major principles that decide whether something is eligible for use, "giving credit" isn't one of them.
https://www.teachingcopyright.org/handout/fair-use-faq
(read below)
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Whether a use is fair will depend on the specific facts of the use. Note that attribution has little to do with fair use; unlike plagiarism, copyright infringement (or non-infringement) doesn't depend on whether you give credit to the source from which you copied. Fair use is decided by courts on a case-by-case basis after balancing the four factors listed in section 107 of the Copyright Act.
Let's Play videos are typically not protected by fair play because they're not transformative, they're for-profit, and they use a substantial amount of licensed content. Your example is terrible, especially considering how controversial Nintendo's treatment of Let's Play content is.
Last Edit: May 08, 2016, 03:54:21 PM by HollowedTurkey


 
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I would like to see those people banned as well. Nobody should get away with breaking rules.
"i want youtube to be devoid of content"

unless you like shane dawson videos, i guess