*UPDATE - READ THIS POST*
Since Nokia does not own the copyright to the video in any way, shape, or form, the only explanation for the DMCA notice is that I exposed "trade secrets." Stefan from RingNokia got in the same hot water over a fumbled notice from a Nokia lawyer. Ken Camp has some good commentary on it.
Here's the deal:
- It is possible that dissection of a device constitutes "exposing trade secrets," but it then becomes a slippery slope on what an end-user can do with a device. Am I allowed to modify it externally and share those pictures? Am I allowed to show high-resolution pictures of it? What happens when someone posts a YouTube video of themselves smashing their iPod ? Can Apple say the insides are trade secrets?
- What about all the information provided to the FCC? If a user searches for a Grantee Code of LJP and a Product Code of RX-34, they can see internal photos of the N800 too. What's public and what's not?
This copyright claim is erroneous. I wrote, directed, starred in, edited, filmed this video all myself. It does not contain any proprietary information about the Nokia N800 Internet Tablet that can't be obtained by any competitors by simply picking up the device off the shelves.The counter-notice is being sent to the legal team who sent in the initial DMCA notice. They will have my home address so can sue me properly if they wish. I asked for the contact information for whoever filed the complaint but got no response yet. All the other messages from the YouTube compliance department were returned quickly.
Please reinstate this video.
Daniel Gentleman
YouTube member: thoughtfix
Consider this to be an electronically signed counter-notice, made under penalty of perjury. I consent to the jurisdiction of Federal District Court for the judicial district in which the address is located.
I am REALLY torn on this now. If showing the insides of a device or HOWTOs for modification consist of "trade secrets," I may have to suspend my blogging efforts on the Nokia Internet Tablets altogether and instead increase my focus on UMPCs. I don't WANT to do that, though. I PREFER the N800. Even if Nokia lawyers don't like me, I am still 100% behind the N800 as a product and platform. You will get my N800 from me when you pry it from my cold, dead fingers. If you really think any of my content is inappropriate or that I am misusing Nokia trademarks, let me know and I'll be glad to accommodate.
As promised, here's an accessory round-up:
- Nokia N800 Navigation Kit powered by Navicore - Attractive, flexible GPS for N800 owners
- iGo Stowaway Bluetooth Keyboard - A bit heavy, but offers pocketable touch-typing
- Proporta Alu-Leather Case and Screen shield - Great products. The screen shield was on the N800 for the Navicore videos and seriously cut down glare.
- Urban Tool Gadget Hip Holster - Not N800 specific, but fits wonderfully.
- BoxWave FlexiSkin - Simple, low-profile protection for your N800
- Bluetooth ELMScan 5 - Car status monitoring tool for use with Carman
My next series of articles will be to collect a big User FAQ on the N800 and I am being assisted by InternetTabletTalk readers in making up the questions. I want to wait for this whole YouTube mess to calm down before I post it, though. I don't want to step on any more Nokia toes.
To conclude: I love Nokia and the N800. This DMCA notice will not take away my adoration for these products. If I can work with Nokia's legal team to determine what is permitted and what is out-of-bounds and I am able to continue blogging within those parameters, I will continue to do everything I can to spread knowledge and to evangelize this platform. I am NOT a Nokia employee or representative and any devices that I review are obtained through retail purchase or normal press relations programs. Information in this blog is for education and entertainment, but I cannot guarantee that it will be without error. All companies represented in my posts are welcome to contact me with corrections or updates. Please enjoy the accessory reviews and other commentary in this blog and add your own comments, but be aware that updates from me will be sporadic at best until my legal obligations to Nokia are clarified.
5 comments:
I hope everything works out ok for you. Your blog and your videos on youtube helped me decided that I am going to buy one. I am very excited about it. Please don't give up on blogging about the Nokia N800. Your really good at it.
Are you sure it's Nokia that's provided the takedown notice? I've seen way too many instances of innocent videos being inadvertantly swept up in massive takedowns by media owners looking for pirated conent.
This goes so against the actual marketing done for the device - 'code in your hands' and so on, I can only think this is some sort of admin error from Nokia. The maemo developers and community are actively encouraged to experiment with the device and platform by Nokia. Seems counter productive to release the attack dogs now against someone who quite clearly likes the product/platform. Keep up your great work
What's funny is that the RingNokia article that so offended the Nokia Legal Department is still available in the Google Cache :)
I am not a lawyer. However, I pay attention a lot...
My understanding of trade secrets is that, in most jurisdictions, they are an obligation upon a person who learns of the secret in their work at their employer.
In other words, if Nokia has some super-cool way to put the N800 together, and I work on the production line doing this, I am obligated to keep this secret.
However, if some third party figures out how to do it legitimately - asking me, or sneaking a camera in to my office are not legitimate - then they're welcome to talk about it.
In most cases, something is only a trade secret as long as it is _actually_secret_. If some guy breaks the law and blabs the secret to the press on live TV, the information is no longer a trade secret. Now, he can get in trouble for that, and if I paid him to do it I'm in trouble, but generally the information in question won't be protected any more because, well, it isn't secret.
Given this background, the idea that a photograph or video of the inside of a widely available consumer electronics device, as taken by an outsider with no secret knowledge, could in any way be a trade secret is simply ludicrous.
I'm basing my statements and opinions on what I have read about trade secrecy laws and prior cases in various parts of the USA. I do not know how significantly different it is in other parts of the world.
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