Nova-Spivack-Tweet-Link-DMCA

lazy #DMCA DragNET

*WARNING STRONG LANGUAGE*

So this morning I awoke to a robot misidentifying a tweet a posted to the internet around 2.5 years ago..
here is the original tweet
@troothinfo http://www.stephenibaraki.com/audio/Nova_Spivack_2011.mp3 … download that for an honest holistic approach of the eminent future.
2:30 AM – 27 Sep 2011
Nova-Spivack-Tweet-Link-DMCA
It seems the poorly engineered robots over at  Internet Anti-Piracy IFPI, have been programmed to randomly send out #DMCA notices to twitter for using the word “download” with a link to a file that ends in “.MP3” without doing any due diligence or having a human being take 5 seconds to listen to the file or examine it to ensure there is no misidentification.
In and amongst the the ‘counter-notification’ rules, is necessarily acquiescing to 17 U.S.C. § 512(g)(3), and um FUCK NO, as well as The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.” so again um FUCK NO, as well as “A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.” so of course and again um FUCK NO.
You should listen to the .MP3 interview here >>> http://www.stephenibaraki.com/audio/Nova_Spivack_2011.mp3 <<< with Nova Spivack, a kewl futurist dude.  The page on Stephan Ibaraki’s website where he shares the link to the audio file he created that he shares freely CIPS Connections.
I am not going to consent to these assholes having jurisdictional governance over my posting a link to twitter to content that they have no legal right, nor moral right to ask twitter to take down, that is total, let me put this lightly, TOTAL ABSOLUTE FUCKING ASSHAT NONESENSE, they can print their notice off onto really sharp and rough paper and stick it up their asses.
What do you think? How can they operate without repercussions? How can they operate without doing their due diligence when sending out notices, trying to dictate to you that your only response is to acquiesce to their de facto judiciary?
The only Notice these lazy ASSHATS would ever have a single chance of getting out of me would be a NOTICE OF CLAIM, outlying my hourly fee for interacting with their bullshit.
Don’t get me wrong, I am not going to let this get to me or make me sweat, I’m just saddened that Human beings operate like this in the digital age. I’ll only regard this type of monkey business as the work of corporate sociopaths.
For more information about what the kind of chaos the DMCA is inciting read this article >> https://www.eff.org/pages/unintended-consequences-fifteen-years-under-dmca <<
See below for a copy paste of the actual notice I received from twitter.
———- Forwarded message ———-
From: Twitter Support <support@twitter.com>
Date: 21 April 2014 20:14
Subject: Case# 01516217: We’ve received a DMCA notice regarding your account – ref:00DA0000000K0A8.500G000000MdIF5:ref
To: “erich@bertussi.ca” <erich@bertussi.ca>

 

Hello,The following material has been removed from your account in response to the DMCA takedown notice copied at the bottom of this email:Tweet: http://twitter.com/ENBertussi/status/118573257879334912 – @troothinfo http://t.co/n0KawWE4 download that for an honest holistic approach of the eminent future..If you believe the material has been removed as a result of mistake or misidentification, you may send us a counter-notification of your objection pursuant to 17 U.S.C. § 512(g)(3).

Please include the following in your counter-notification:

1. Your full name, address, telephone number, e-mail address, and Twitter user name.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”

4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.

5. Your physical or electronic signature

Please send your counter-notification to us at the following address:

Twitter, Inc.
Attn: Copyright Agent, DMCA Counter-Notification
1355 Market Street, Suite 900
San Francisco, CA 94103

Or fax to: 415-222-9958

We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant and Chilling Effects. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.

Alternatively, you can use Chilling Effects’ counter-notice form: https://www.chillingeffects.org/dmca/counter512.pdf

If we do not receive notice from the complainant, within 10 business days, that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Twitter, we will replace or cease disabling access to the material. More information about copyright, DMCA, and counter-notices may be found at: https://support.twitter.com/articles/15795

THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS. We recommend you contact your own attorney about this matter.

Thank you,

Twitter Trust and Safety

******************************

17 April 2014

Twitter
Contact: Copyright@twitter.com

Ref: C318310

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Dear Sir/Madam,

I am contacting you on behalf of the International Federation of the Phonographic Industry (IFPI) and the record companies it represents. The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the “IFPI Represented Companies”).

Under penalty of perjury, we submit that we are authorized to act on behalf of the IFPI Represented Companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.

We have learned that your service is hosting the above web pages on your network. These web pages are offering direct links to files for other users to download containing sound recordings by the artists Future, August Alsina, Green Day and Swedish House Mafia. The copyright in these sound recordings is owned or exclusively controlled by certain IFPI Represented Companies.

We have a good faith belief that the above-described activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.

We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the infringing links from your system or that you disable access to the infringing links, and that you inform the site operator(s) of the illegality of his or her conduct.

Our top priority is to prevent the continued availability of the IFPI Represented Companies’ content on the internet. Unauthorized copies of sound recordings that are freely available, especially pre-release recordings, cause substantial damage to the IFPI Represented Companies every hour and day they remain available. In sending this notice we are seeking to ensure that infringing content is removed from the internet as quickly as possible through your cooperation. However, please note that we do not admit that we or the IFPI Represented Companies are responsible for detecting infringing material and notifying you of it.

Our use of a notice in this form, as required by you, is meant to facilitate your removal of the infringing material listed above and we neither admit nor accept that you are a ‘service provider’ for the purposes of the DMCA or that it is necessary to serve, or that you are entitled to be served, a notice in compliance with the DMCA. IFPI itself and on behalf of the IFPI Represented Companies expressly reserves all rights in this regard.

In addition, this notice does not constitute a waiver of any right to recover damages incurred by virtue of any unauthorised activities described in this notice, and such rights as well as claims for other relief are hereby expressly reserved.

You may contact me at IFPI Secretariat, 10 Piccadilly, London W1J 0DD, United Kingdom or email Notices@ifpi.org, to discuss this notice.

We await your response.

Yours faithfully

Jeremy Banks
Director, Internet Anti-Piracy
IFPI
10 Piccadilly
London
W1J 0DD
United Kingdom
Email: Notices@ifpi.org

System Reference: ref:00DA0000000K0A8.500G000000MdIF5:ref