Knightmare Commentary Tracks

[shadow6162]

I'll just say here that I absolutely LOVE these commentaries! They're so much fun to listen to and a certain one of them has inspired me to do something. It's currently a WIP but I'll be finished in due time

[HStorm]

Right, this is certainly not the most positive news imaginable on the eve of KM's 25th anniversary, but today I've received notification from 4Shared, the File-server we use for sharing the Audio Plays, that our service has been suspended with immediate effect. The reason given is that a Digital Millennium Copyright Act (DMCA) injunction has been slapped on our material. A company called LeakID is claiming to have copyright on The Dunshelm Players' recordings.

Specifically, and very bizarrely, this DMCA has been placed on the Commentary Tracks recorded by Jake Collins, Rosey Collins, Andy Marshall, Ross Thompson, Ricky Temple and myself. Therefore, for the next few days it will not be possible to download any of TDP's material while I and the other members of the team decide how we should respond.

How LeakID have managed to conclude that the Commentaries have anything to do with themselves is quite beyond comprehension, as the Commentaries are in fact the material on the website that is furthest from breaching copyright; to the best of my knowledge, we have never breached copyright with any of our work, but the Commentaries don't even include sound effects or music in the mix, they're just recordings of a few KM fans talking about a TV show. LeakID is a company with a notorious history of filing triggerhappy false DMCA claims with numerous file-sharing websites.

As far as I can see, therefore, LeakID hath not a feather to fly with, and I expect to file a counter-claim with 4Shared to get the MP3's restored. However, I will not do so without firstly getting the approval of others involved, in case anyone has any objections in advance against getting dragged into any potential legal wranglings. Such concerns are entirely reasonable ones.

For now, the team must delay the launch of the next episode of The Techno-Colour Tales while we discuss our options. Any advice from others on this will be welcome and taken on board. We will keep the forum posted on developments.

[Mystara]

See my PM

[Modeski]

I'm about to email you to this effect, but it's clear you have grounds to file a counter-notification per 4shared's policy (see http://www.4shared.com/dmca.jsp)

There's nothing I hate more than copyright trolls, and while I'm not featured on the commentary tracks, as a Dunshelm Player I would urge you to go ahead. Hopefully 4squared follows their policy and sides with us.

In the worst case scenario, the files would need to be hosted elsewhere. There's free services like Tindeck and Soundcloud, or proper web hosting - I used to use Feralhost, for example.

[HStorm]

Forester has suggested that the whole business is a result of some kind of automated process; an algorithm that detected a similarity between our files and those of LeakID. Either way, it definitely counts as trolling.

Even if the soundtracks of the episodes were included in the Commentary tracks, we'd still be okay, as the Fair Use clause allows material to be used for purposes of parody or critique. By definition, the Commentaries are critiques. (But then the episode soundtracks are pretty much inaudible on the Commentaries anyway.) So even if it turns out that LeakID has links to ITN or Granada Media - which I'm sure they don't - they really haven't got a case.

[Mystara]

Even if the soundtracks of the episodes were included in the Commentary tracks, we'd still be okay, as the Fair Use clause allows material to be used for purposes of parody or critique.

Actually, UK law does not recognise parody as an exception for using copyrighted material.
It does recognise fair use for the purposes of commentary or review.

However, I think the bigger argument is that you don't (as far as I am aware) actually use anyone else's material. You (as a group) are the sole origin of any material.

[HStorm]

LeakID appears to be a French company, while 4Shared is based in California, and the DMCA law is American in origin, so I'm not sure how much sway English or Scots Law would hold.