YouTube and Nokia's IP lawyers (the same ones from Stefan's incident) were very quick to turn around communication. I had about a half-hour phone conversation with the Intellectual Property legal counsel for Nokia before work. The two people with whom I spoke were very polite and asked simple, direct questions regarding the video. They didn't give any details, but I got the impression that the video may have resembled some internal Nokia proprietary stuff and they were worried it may have been from the same source.
When I explained to them that I did all the video work, editing, and everything myself, they were very understanding. When I explained to them that tabletblog.com is ALL ABOUT Nokia Internet Tablets, accessories, software, and editorials, they thanked me on Nokia's behalf for the patronage and information I provide. I invited them to review all of tabletblog.com at their leisure and let me know if I had any obligations to Nokia in identifying trademarks, adding disclaimers, etc.
As long as I reiterate that I am not a Nokia employee and that all my content, unless otherwise cited, is original to me - I am fine for now. They'll tell me if I cross any lines, I am sure. So here it is again: THIS BLOG IS ALL ABOUT INFORMATION AND ENTERTAINMENT and is not considered to be official representation of any company, product, or individuals other than ThoughtFix. All hardware hacks and modifications are NOT RECOMMENDED by Nokia or any other company.
I got a good feeling that Nokia's IP lawyers were looking out for Nokia's interests but were also on my side too. I like Nokia's products and I like to think Nokia likes having me spread information about them to the masses. Thanks, Nokia, Darby & Darby, and YouTube for handling this all well.
How does this DMCA complaint compare to those that others have had? Despite my initial fear (Oh no! Whose toes did I step on?) - Rather pleasant, actually. It's clear that Nokia's lawyers are just in the business of protecting their clients intellectual property. YouTube said they'd have the video back in 10-14 days. This was nothing like those heavy-handed RIAA smack-downs. I have to hand it to everyone involved - The issue was clearly explained, the response was quick, and it ended in my favor.
8 comments:
Good to hear!
that's something at least
What a crap!
So the lawyers didn't take a look into the video before complaining at YouTube?
The lawyers didn't check out your site before complaining at YouTube?
The lawyers didn't ask you before indirectly accusing you of breaking the law?
Stupid lawyers!
This happening will cause all future product videos to beginn with a disclaimer, announcing that you are a nice person, don't wanna do harm, don't want viewers to do as you did and that you are no employee of the product producing company. All this sh*t just because the lawyers didn't check the leagal situation before complaining at YouTube.
Well done, Nokia!
marnem - I disagree. I think this could have been FAR FAR worse. YouTube's reaction to the legal team was to protect YouTube and the legal team's complaint is within the bounds of their rights. If I were a hosting company and someone claimed DMCA infringement on one of my servers, I would first investigate. If the video looked like it could be, I'd take it down first and ask the client later. That's to protect myself.
I don't expect the lawyers to be able to clearly identify every single piece of Nokia Intellectual Property or Trade Secrets online. I am sure they just go after what is the most suspicious or blatant. That's why I only got one DMCA notice and not dozens (one for each video) or hundreds (one for each article that didn't use the proper trademark symbols next to Nokia trademarks.
YouTube's reaction is ok, I agree.
Nokia's reaction wasn't. If the lawyers of Nokia can't recognize IP-violations, who else should?
They reacted in the certainty, that even if they did wrong things, no one would harm them.
They accused you of the disclosure of Nokia's IP, which they were prooved wrong. But this has no consequences for them, which is wrong.
Here in germany, they would now be in the danger of being sued by you. False accusations are quite an offense here. Well, but that won't help you over there in the US, won't it?
Anyway, it's good, that the video will be back online and it's good, that no harm was done to you. it didn't cost you money, just a bit of time.
I have to say, you're taking this very well... in most parts of the "free world" it is a given that you are "innocent until proven guilty."
All of what transpired was fine - of course they have to determine if you are indeed guilty. However, your video should have stayed up the whole time.
They've got it backwards, protecting the big boys from the little boys. Perhaps a statement on the mentality of copyright and indeed innocence in the US right now?
Ugh:
http://sense-datum.org/tim/archive/2007/03/14/My_fight_with_Viacom_&_YouTube/tim_samoff__weblog
I say again sir, Nokia violated your civil rights!
Your lack of outrage doesn't make Nokia's carelessness any less illegal. DMCA abuse should not be brushed off so lightly, imho.
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