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#1 03/29/2009 9:55 pm

SquidooKimberly
Community & Charity Organizer
Registered: 12/31/1969
Posts: 833

DMCA and you

Hello lensmasters!

Movie and TV show downloads have recently become a popular topic on Squidoo, and we realize that just because something is popular doesn't mean it is legal or good for the overall spirit of our community.  In fact, if we saw the same explosion of really awesome lenses like Guyliner: Love It or Hate It and Photo Editing - Faces,  we'd be totally stoked!  However there are concerns with some of the recent trends towards free media lenses.

The DMCA (Digital Millenial Copyright Act) is a law that governs how media can be distributed.  For copyright holders, it's a great thing.  It helps them choose how others can legally use their works.  They're covered under the default copyright, plus can allow additional rights via Creative Commons or other terms.

The purpose of this message is three-fold: to explain how some basic copyright laws work, to educate lensmasters on what is and isn't allowable on Squidoo as far as DMCA media material goes, and to give you time to make some changes to your lenses before they get locked, if that applies to you.  If you have questions about building lenses that host or link to free movies, games, music, and TV shows - downloadable or not - keep reading to learn more.

there are very few exceptions that the DMCA allows for these items.  A few are homemade videos and songs, and independent programmer designed games.  If you made it 100% from scratch, or with open source materials, or with permission from copyright holders, it's probably ok.  A few sites like YouTube police themselves, and Hulu has agreements with broadcast companies to legally display their shows, so if something you post gets pulled, it's no longer visible.  With that in mind, we consider all other sources, unless specifically approved through the DMCA, to be illegal sources for pirated media. 

This includes but may not be limited to sites that display or allow the download of:
- movies still available for purchase (a.k.a. not "out of print")
- video games designed for consoles, or pirated games for computers, phones, etc.  (This means no Nintendo and Sony game system freebies that aren't homemade.)
- TV shows from an unapproved source (stick with places like Hulu and YouTube)
- music files being shared through unapproved means (stick with iTunes, Amazon, Napster, MySpace etc.  Limewire and mIRC are out.)

And these could include any of the above that are viewable on or can be downloaded to PCs, laptops, phones, game systems, music players, or any other type of electronic viewing or storage device.  (Just to cover your "what about ______?" questions.)

Another part of the DMCA/Squidoo puzzle includes how readers are being directed once they click off your lens.  If they go directly to sites like Hulu, YouTube, or Nintendo, that's fine.  But promises for viewing of free TV shows that link to a site where you have to take a survey, or endure pop-ups, or watch pirated videos are all misleading, and against our TOS.

There are dozens of sites that claim to be legal.  A good way to tell they are actually not legal download sites is to check their DMCA notice.  If they seem to be running under the system of "do first, apologize later," chances are good they're not following the rules. Most of these sites have a page where you can get your media removed only if you jump through a long process of hoops.  This is their ploy to display the media for as long as possible before being forced to take it down. Since few companies have the money and manpower to make this happen, they often get away with it.

The verbage we have in the TOS is this: "If your lens exists to send people to a site that purports to offer free and legal downloads of current movies, we will suspend it, and will probably suspend ALL your lenses. It's a violation of the DMCA and our policies. There are no websites able to keep this promise, and pretending they exist is deceptive."

Since this topic is not only against our mission, it's illegal, we're pretty immovable on the point for now.  We know that any lensmaster who truly wants to link to media for do-good reasons knows how to do it the right way.

That said, this is an official notice and reminder to lensmasters that if your lens(es) contain material like this, it should be removed.  Lenses do get locked and accounts do get deleted for copyright infringement.  And again, if your lens has been locked, you'll get an email describing why and including specific directions for contacting us if you feel there has been a mistake.  Please don't post about it in the forum or email us directly.

Thanks for reading!


~Kimberly
YOUR Community & Charity Organizer!
What do I do?  |  Morning Coffee  |  Charity Central  |  Find a Mentor

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#2 03/30/2009 3:01 am

Greekgeek
Indubitably tentacular
From: Orange County, CA
Registered: 05/04/2007
Posts: 2814

Re: DMCA and you

I'm so happy to see this!

Now some great reviews and fan lenses about TV shows, movies and indy films will have a chance to shine on the Top 100 list again, instead of only the illegal download pages!

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#3 03/30/2009 3:32 am

susannaduffy
Indubitably tentacular
From: Australia
Registered: 09/25/2006
Posts: 3465

Re: DMCA and you

Thank heavens - the illegal downloads will be out the door. I have been worried about the effect they had on all of us

And yes, greekgeek, the good fan lenses etc will be much better off very fast

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#4 03/30/2009 4:15 am

thefluffanutta
Citizen Squid Alumni

From: York, England SquidUtils.com
Registered: 09/04/2006
Posts: 5506

Re: DMCA and you

(Amazon also have a legitimate Video on Demand service)

Does this mean we should be reporting any dodgy 'free download' lenses we come across?

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#5 03/30/2009 4:21 am

AdrienneJenkins
Full fledged kraken (500+ posts)
From: Washington, DC
Registered: 12/31/1969
Posts: 652

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#6 03/30/2009 6:51 am

EverythingMouse
Full fledged kraken (500+ posts)
Registered: 06/30/2007
Posts: 507

Re: DMCA and you

Thank you so much for this very clear explanation Kimberly.

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#7 03/30/2009 7:39 am

Chadrew
Wow. Over 1000 posts.
From: Lithuania
Registered: 03/11/2007
Posts: 1179

Re: DMCA and you

Now some great reviews and fan lenses about TV shows, movies and indy films will have a chance to shine on the Top 100 list again, instead of only the illegal download pages!

I agree completely. These "watch *** for free" or "download *** for free" lenses in the top 100 have bugged me for a long time. So glad to see they're getting cleaned.

I believe I've brought this up on the Angels forum as well, but most of these "watch something for free" lenses try to make money using ClickBank affiliates, usually from Platinum Partner:

http://platinumpartner.com/index.asp?sh … cat=Movies

Platinum Partner is a well known scam that sells normal BitTorrent or other file sharing programs (which are free - and legal as long as you don't share copyrighted content) disguised as "movie download services". Basically you're paying money to download pirated content; you're both getting scammed (paying for a program that's free), and committing a crime (downloading movies illegal via it). Ouch!

If you see a lens that links to sites in turn linking to one of the PlatinumPartner gateways (getdownloadmovies.com, moviedownloadsnow.net, themoviedownloading.com, moviewiz.net, topmoviehits.com, moviesforpc.com, and MANY more), it's promoting a scam and should be reported!

Last edited by Chadrew (04/07/2009 2:47 am)

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#8 03/30/2009 7:59 am

tandemonimom
Positively aquatic
From: Southwest USA
Registered: 12/31/1969
Posts: 215

Re: DMCA and you

I had wondered about them as well. Good job!

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#9 03/30/2009 9:24 am

SquidooKimberly
Community & Charity Organizer
Registered: 12/31/1969
Posts: 833

Re: DMCA and you

Timing is everything.  This was published today: http://mashable.com/2009/03/30/youtube-redesign/



thefluffanutta wrote:

(Amazon also have a legitimate Video on Demand service)

Does this mean we should be reporting any dodgy 'free download' lenses we come across?

Amazon and NetFlix are also a-ok.  Plus they're moneymaker modules!

You're free to report any dodgy lenses of any make and model using the "report abuse" link found on every lens.  For lensmaster bio pages, this link can also be found at the way bottom right of the footer.


~Kimberly
YOUR Community & Charity Organizer!
What do I do?  |  Morning Coffee  |  Charity Central  |  Find a Mentor

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#10 03/30/2009 1:34 pm

unique_freak77
Got yer sea legs
From: Florida, USA
Registered: 10/30/2007
Posts: 43

Re: DMCA and you

Thank goodness! The other day I searched on Squidoo for a fan lens to see if it had been created yet, only to find 3 free download lenses in the top tiers. I made my lens hoping it would get past those two, and hopefully now it will. smile Glad Squidoo is cleaning up!

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#11 04/06/2009 12:54 pm

Kate-Phizackerley
Wow. Over 1000 posts.
From: London
Registered: 12/31/1969
Posts: 1396

Re: DMCA and you

Good.  It's not just videos though so hopefully a similarly strong line will be taken with the many (particularly celebrity) stills which are also included in lenses in probable breach of copyright.

Kate

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#12 04/09/2009 2:52 pm

MobyD
Wow. Over 1000 posts.
From: Portland, OR
Registered: 10/19/2007
Posts: 1414

Re: DMCA and you

Today I tried to use the Report Abuse link on a couple of lensmaster pages and they did not work. All that happened was the page flipped back to the top. I made my reports by using the Report Abuse buttons on one of their lenses instead. One guy has 34 lenses promoting illegal Wii downloads and a hack that violates the manufacturer's EULA. Lens after lens had the exact same content as well.

I probably should test it in Internet Explorer. I use Firefox, which normally behaves very will with Squidoo.

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#13 04/10/2009 12:45 pm

Kate-Phizackerley
Wow. Over 1000 posts.
From: London
Registered: 12/31/1969
Posts: 1396

Re: DMCA and you

Actually I've just found a lens which has been given LOTD in the past that seems to reproduce several copyright images.  It atttributes but that is sufficient only if images are Creative Commons or is a research exemption is claimed. 

I really think we need a detailed policy from Squid HQ on what still images can and cannot be used on lenses.

Kate

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#14 04/23/2009 4:09 am

thefluffanutta
Citizen Squid Alumni

From: York, England SquidUtils.com
Registered: 09/04/2006
Posts: 5506

Re: DMCA and you

I've seen a ton of lenses in the Video Game category that promote 'free downloads' of games for PCs and consoles - all of which are advocating a breach of digital copyright and encouraging people to 'steal' games without paying the developers.

This category really needs cleaning up. I hope Lensmasters will take the time to report any that they come across, and that HQ will add these keywords to the spam-bait filter.

PS: This doesn't include the legitimate game download sites, like Steam and Amazon, where you pay for the games that you download.

Last edited by thefluffanutta (04/23/2009 4:11 am)

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#15 05/07/2009 9:56 am

interstellaryeller
Positively aquatic
From: Ohio
Registered: 12/31/1969
Posts: 318

Re: DMCA and you

This is a very interesting tread, however the video and you tube modules squidoo offers could go the way of the unicorn. How is a lensmaster to know that what they link to on a multitude of video streaming services is legal or not, I have read that some of these services have a clause in their tos, that you lose all copyrights, ownership when you upload videos to their service, so who really knows? Unless they uploaded them themselves. I mean that I am not a big fan of home movies, and I dont think alot of people really are, these movies really have to be good to hold my interest. Have a great day. And a better tomorrow.

Last edited by interstellaryeller (05/07/2009 10:17 am)

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#16 06/18/2009 3:18 am

zaizaices8
Landlubber.
From: Las Vegas
Registered: 12/31/1969
Posts: 30

Re: DMCA and you

That's good news. Free downloads sites makes music and movie makers broke. Many in the industry is trying to fight this. Thank God you guys!

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#17 07/13/2009 3:10 pm

WriteResearch
Cuttlefish. Just browsing.
Registered: 12/31/1969
Posts: 9

Re: DMCA and you

Hi,

Hi,



        [[[SquidooKimberly wrote:

            This includes but may not be limited to sites that display or allow the download of:
            - movies still available for purchase (a.k.a. not "out of print")]]]

There are pre-1923 films that are in the public domain because the copyright period has expired. There are also some post-1923 movies that are identified as having come into the public domain (usually because the holder of the copyright failed to renew the copyright pursuant to the laws in effect at the time when the original copyright period expired). These are movies from the 1920s, 1930s, 1940s, 1950s, even some from the 1960s. Some of these movies may well be "available for purchase" in the sense that a company puts a version of the film on DVD and makes it "available for purchase." If the film is improved or edited or remastered for the DVD version, then that DVD version may have its own copyright protection, and shouldn't be used in a way that runs afoul of the DMCA. But that doesn't alter the fact that there is also a version of the film that remains in the public domain.

There are old time radio shows and golden age of televsion shows that have similarly come into the public domain. A company may package such materials onto a CD or DVD and make them "available for purchase," and their version if improved or re-engineered for the CD or DVD may possibly have its own copyright protection, but that doesn't take the other (original) version of the radio or tv show audio or video content out of the public domain.

Thanks for the announcement on the DMCA. It's helpful, and I'm glad Squidoo is cracking down on lenses that promote or encourage unauthorized download of recent movies and songs and tv shows. But I respectfully suggest we should be able to display or embed or link to the films, radio and tv shows from Archive.org that are identified as being in the public domain.  The Squidoo TOS, which refer to "current" movies, don't suggest otherwise.

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