Copyright Vampires Attempt to Suck the Lifeblood Out of Fair Use Video
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Indeed, it's not news that the DMCA process is subject to abuse. And as McIntosh's case shows, the incentives provided by the law enable that abuse. One section of the DMCA, section 512(f), is supposed to discourage abuse by holding false accusers liable. But as examples like this one demonstrate, the threat of section 512(f) is not enough.
In fact, the senders of this notice were quite brazen about the shakedown operation they were executing. When McIntosh contacted the rightsholders, he got this message in response: Quoting: Had our requestes to monetize this video not been disputed, we would have placed an ad on the cotent [sic] and allowed it to remain online. Unfortunately after appeal, we are left with no other option than to remove the content.
No consideration of fair use, no conception that the remixer may be in the right. Simply: allow us to generate revenue off your video, or we will shut it down.
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