Moscowid.net may go dark for a few days, but not for long. We have received legal notice that Daniel Foucachon, who owns Foucachon Media, LLC, and Roman Roads Media, LLC, claims copyright ownership of screenshots from videos that he placed in the public domain; he claims copyright ownership of a video on which he enabled a “download” button after he uploaded it to the web; he claims that moscowid.net profits from these things; he claims defamation, though he has not identified any defamatory content; and he makes these claims “under the perjury laws of the United States of America.” This complaint, like all his others, has no merit, but that doesn’t matter. As long as he submits the complaint according to federal guidelines, Team Truth must remove the content or the host must shut us down. And Daniel Foucachon submitted his correctly.
The legal department wrote,
Unfortunately, we are not able to make determinations as to the validity of a DMCA notice. If the notice is properly submitted, we are required by US Federal law to take action. The notice was properly submitted.
Daniel Foucachon games the system just like Steven Sitler games the system. Foucachon knows a simple complaint with the correct language will shut us down, even though he must lie to achieve his goal. Ditto for Sitler. The state wires him to the polygraph and as long as his answers don’t self-incriminate, he knows the law cannot touch him. “Have you molested your son?” “No.” Needle shreds paper.
How appropriate that they attend the same church.
This is page 1 of Pastor Doug Wilson’s playbook. Stop the message at all costs. He loves publicity as long as he controls the message. Then he can congratulate himself, as he did with Christianity Today:
I decided that if fire fell on Moscow, as upon Elijah’s altar, I wanted it to fall on an altar doused with water. I made a point of adopting certain unmarketable positions. I’m a televangelist with a blacked-out tooth — so if something happens, it’s God’s work.
Pastor Douglas Wilson of Christ Church, Moscow, doesn’t point to the altar where he officiated the marriage of a serial pedophile to a profoundly naïve student from New Saint Andrews College. He points to an imaginary altar that doesn’t exist. And he stomps when we point to the real altar where he performed the abomination.
Therefore, in order to comply with US law, we have removed our images that we own according to the FAIR USE Act. But not for long.
1. Please consider notifying Harvard University’s Chilling Effects website about this take down notice.
Online_Copyright_Infringement_Liability_Limitation_Act
Also Harvard University’s Digital Media Law Project
2. Please notify the Electronic Frontier Foundation
3. Please notify a big newspaper, such as one in Seattle, WA.
4. Map of states that do/don’t have Anti-SLAPP [Strategic Lawsuit Against Public Participation]
At the federal level, Idaho is in the 9th Circuit Court of Appeals (the federal appellate court for the federal trial courts, i.e. district courts).
Map
Yesterday the Electronic Frontier Foundation covered a 9th Circuit Court of Appeals case of a video that constituted “Fair Use”. This is a new, published opinion of the 9th Circuit and it is binding on other similar cases/fact patterns in the 9th Circuit and in the federal trial courts within the 9th Circuit’s jurisdiction.
https://www.eff.org/press/releases/important-win-fair-use-dancing-baby-lawsuit
Here is the 9th Circuit’s opinion in that case which was filed in court yesterday, Sept 14, 2015.
Best wishes and thanks for your great work to protect children!
Here’s some more information on how to legally use copyrighted works for Fair Use purposes:
http://www.cmsimpact.org/fair-use/code-best-practices-fair-use-online-video
fairusetube.org/3-deciding-if-video-is-fair-use
Please advise the company that sent you the take down notice of the 9th Circuit’s published ruling yesterday, advise their legal department.
You may have to edit the wedding video some, put in text, questions, statements etc. Ask questions. There are various ways it can be legally used for commentary and news.
More from the Electronic Frontier Foundation on bloggers’ legal rights:
https://www.eff.org/bloggers
https://www.eff.org/issues/bloggers/legal
Would all of the bloggers who have received *take down* notices from Daniel, please notify the Electronic Frontier Foundation at the website I posted above.
In point of fact, Daniel can be sued for infringing on the legal rights of bloggers and their right to *Fair Use* of wedding pictures and video content of pedophile Sitler’s wedding to Katie in Moscow, Idaho. This is a news story, it is open for public debate, discussion, commentary and criticism.
Here is a New York Times’ article about the Ninth Circuit Court of Appeals’ published ruling on September 14, 2015, in the Lenz case.
http://www.nytimes.com/2015/09/15/business/media/youtube-dancing-baby-copyright-ruling-sets-fair-use-guideline.html?_r=0
Idaho is in the Ninth Circuit (the map of the 9th Circuit’s legal jurisdiction is posted above). The Ninth’s ruling in Lenz is BINDING legal authority on all federal courts within the 9th’s legal jurisdiction, which includes the state of Idaho.
In point of fact, Daniel who has been sending out these *take down* notices can be sued himself for violating *Fair Use* and the First Amendment rights of bloggers.