We're ready to help sue Creation Science Evangelism Ministries

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We're ready to help sue Creation Science Evangelism Ministries

YOUTUBE REMOVES RATIONAL RESPONSE SQUAD ACCOUNT! (9-13-07) YOUTUBE RETURNS RATIONAL RESPONDERS ACCOUNT (9-17-07) Digg this!


"Someone" (the lawyers will have to figure it out) flagged our video exposing the criminal actions of the Creation Science Evangelism Ministry, and had our account pulled. Unlike false copyright complaints, we're unsure currently how we can have this rectified at the youtube level. We may in fact decide to stay off youtube and do as Gisburne has done, having you repost thousands of our videos over and over. Our suggestion for right this minute is to upload as many videos as you can all over the internet exposing the illegal activity that the CSE Ministry has currently been engaging in. They want to silence critics, that is clear, to ensure that this doesn't happen you must become more critical of them than you ever have. DO SOMETHING! If you don't have a video serving that purpose merely uploading a video critiquing Kent Hovind would be good enough. If you feel like acting as childish as "they"do, feel free to flag their videos like it's your business all day long. We don't condone restricting free speech, but since nobody at youtube seems to care about these egregious and vile actions it's up to us to do anything we can to get youtubes attention. (this account is the main account causing the problems - users are reporting that they are flagging these videos left and right). That they would allow such activity after dozens of warnings from youtube members is extremely horrible mismanagement at best. There are dozens of videos and thousands of comments from angry youtube members who are pissed off that it takes 1 minute for someone to pull down a video if they're willing to claim ownership but it takes 14 days, tons of paperwork, and lawyers to reinstate what is rightfully ours. We are pissed. The Creation Science Ministries picked the wrong people to fuck with. You have just as much right to CSE material as they do, as they've made their videos public domain. They changed their website recently to reflect a change that will never hold up in a court of law. You can't make videos public domain, and then rescind the copyright. Not only have there been countless fraudulent DMCA take down notices, but tracks have been covered with more illegal activity (by attempting to rescind free copyright usage). Please keep in mind, Sapient wrote the above after being awake for 46 hours spending almost all of that time trying to defend all youtube atheists, only to have his own account removed. Please consider a paypal donation to help offset what will be lost.

 


 

Creation Science Evangelism has submitted many copyright violations on youtube in the past few days. The owner of the ministries is Kent Hovind who over the last 20 years has been seen as a public liar. He has held many lectures where he spends hours making people more ignorant as to how evolution works. He now sits in a jail cell for having refused to pay $840,000 in taxes. His defense the whole time was that his money belonged to God and nobody else. He has stated that none of his material is copyrighted, and so far all of the instances of videos that have been pulled would have fallen within the boundaries of fair use.

Here is why this is important

Earlier this year the famous "psychic" Uri Geller submitted a false DMCA request takedown notice to have a video of mine removed which included about 8 seconds of material (that ironically painted URI in a positive light). When he submitted this notice, he had to sign off stating that he did in fact own the rights to the video, which he did not. What did I do? The same thing I am going to help many others do. If you had a video pulled from youtube because of Creation Science Evangelism Ministries please make sure to post information about what happened IN THIS THREAD ON OUR SITE. I will try to help you obtain a lawyer. Kent Hovinds people didn't learn enough from his jail sentence. Is Eric Hovind the next to spend time behind bars? Here is some more background information, behind the scenes footage and tapes. Kents in jail, so Eric takes over. POST YOUR "VIDEO PULLED BY CREATION SCIENCE EVANGELISM" STORIES HERE, so we can avoid the mistakes of Geller and peg these liars for every single infraction instead of just one! The music video was banned for false copyright by the dishonest fucks at Creation Science Evangelism (see you in court)... here is Eddy performing it live.... Download and reupload you're a fucktard aren't ya Kent.


PASS IT ON NOW, PASS IT ON NOW, PASS IT ON NOW

 

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I animated that Tribute to

I animated that Tribute to Kent Hovind toon.  I think the Hovinds should be taken down, because it took a lot of hard work to make that cartoon.

In the vastness of astronomical space, that which seems impossible might very well be inevitable.


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Chrisboe4ever wrote: I

Chrisboe4ever wrote:
I animated that Tribute to Kent Hovind toon. I think the Hovinds should be taken down, because it took a lot of hard work to make that cartoon.

Thanks Chris for being here.  I spoke to Eddy Goombah tonight who wants to be involved and help anyway possible.  In solidarity with you I have posted your video at the end of my most recent video.  I'm looking forward to seeing if the feds take care of this instead of us having to take this to civil court.  Civil court is boring, I don't think the Hovinds have enough money to cover our lawyers fees when they lose, and I don't want a public apology video from them, which is the likely punishment for losing (precedent: Crook case).  Anyone who had a video removed should just contact the feds who are familiar with the Hovind crime ring, and see if they can help.

 ... more developments to come... Operation Spread Eagle underway.

 


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Question: Would those whose videos got yanked be willing...

Would those whose videos got yanked be willing to make them available?  If I could download them, I'll post them under my account. Smiling

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hey brian, couldnt the

hey brian, couldnt the reason why the song about hovind getting pulled is because there's actual photos of hovind at the end? they're portraits so they probably do own the rights to those...

 

but has anyone seen the video cse posted about their copyright policy from 2005? sounds like their footing is their shit needs to be unedited.  


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well i guess i understand

well i guess i understand from the 2nd video up there about the copyright policy, sounds like they changed their claim since hovind said in a video 'they arento copyrighted' and now they're claiming there are terms to there being no copyright, which would then contradict their initial claim when hovind said there was no copyright..


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Sapient! I hope you decide

Sapient! I hope you decide to fight your suspension on you tube. Don't give in to those cowardly fucks. Did they give a reason for your suspension? What is your contact with you tube officials?

Scientific illiteracy is reality illiteracy.


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Ubermensch wrote:

Ubermensch wrote:
Sapient! I hope you decide to fight your suspension on you tube. Don't give in to those cowardly fucks. Did they give a reason for your suspension? What is your contact with you tube officials?

 

I see no way to fight it at youtube level. It was pulled due to flagging or youtube choice to remove due to content. Youtube has a long set of rules that almost all of us violate on a daily basis.  The problem is selective enforcement.  Apparently the only way to get youtube to listen is to flag videos or submit fraudulent copyright claims.  So will you do what youtube has taught you is the only action that works?  Flag all of CSE ministry videos?  It's amazing that we are huge proponents of free speech yet the only way to ensure that the community at large has free speech is to restrict the free speech of one.  I guess two wrongs can make a right... on youtube.

 

 

Quote:
Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect thereto, and agree to indemnify and hold YouTube, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

This is offensive, indecent, and objectionable to me...

 

FLAG IT! It's an offensive insult to your intellect and to the year 2007.

 

Quote:
YouTube reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

This sort of attempt at rewriting history, which is illegal... you're not allowed to rescind copyright after giving it to the public domain is obscene to me...

 

 

P.S...


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Sapient wrote:   P.S...

Sapient wrote:
 

P.S...

LOL, now they edited that out, too! 


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Sapient wrote: I see no

Sapient wrote:

I see no way to fight it at youtube level. It was pulled due to flagging or youtube choice to remove due to content. Youtube has a long set of rules that almost all of us violate on a daily basis. The problem is selective enforcement. Apparently the only way to get youtube to listen is to flag videos or submit fraudulent copyright claims. So will you do what youtube has taught you is the only action that works? Flag all of CSE ministry videos? It's amazing that we are huge proponents of free speech yet the only way to ensure that the community at large has free speech is to restrict the free speech of one. I guess two wrongs can make a right... on youtube.

 

Why waste time? You can get rid of all their stuff by visiting this website!


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Copyright claim

Just saw a video posted yesterday from CSEministry claiming that all their material was copyrighted on 1 January 2005 see:

http://www.youtube.com/watch?v=PPer-FjPJJE

I think this a clear fabrication, does this add or subtract from the claim / Operation SpreadEagle?


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Oh, and as usual they have

Oh, and as usual they have disabled adding comments!


mileyp
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woops, sorry didn't see the

woops, sorry didn't see the above, already been linked too!


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from YouTube terms Terms of

from YouTube terms Terms of Use page

www.youtube.com/t/terms

Section 6. Your User Submissions and Conduct

Half way through part C.

You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the YouTube Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

As I understand this, it is saying by CSEministry posting Kent Hovind videos they/it is allowing other users to reporoduce these videos as long as they are reporoduced on YouTube, which the banned videos were. Am I right?


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BenfromCanada

BenfromCanada wrote:
Sapient wrote:

I see no way to fight it at youtube level. It was pulled due to flagging or youtube choice to remove due to content. Youtube has a long set of rules that almost all of us violate on a daily basis. The problem is selective enforcement. Apparently the only way to get youtube to listen is to flag videos or submit fraudulent copyright claims. So will you do what youtube has taught you is the only action that works? Flag all of CSE ministry videos? It's amazing that we are huge proponents of free speech yet the only way to ensure that the community at large has free speech is to restrict the free speech of one. I guess two wrongs can make a right... on youtube.

Why waste time? You can get rid of all their stuff by visiting this website!

 

Thanks I have written my letter, and made a video that will be up soon to allow reposting....

 

Dear YouTube,

This group is currently submitting false DMCA requests on youtube, people are talking with lawyers. I made a video exposing this group (CSEministry) led by a man who sits in prison right now for evading $840,000 in taxes. He is a criminal!! You have been allowing this grave injustice to happen, forcing dozens of people to create individual lawsuits. I made a video standing up to these people and working to do the thing that you should be doing, protecting you and us from abuse of DMCA. I have been removed as a result. My video even included a phone call to a federal prosecutor right at the beginning. I had to call her because your listed phone number is voicemail and rational and intelligent emails exposing this effort to silence critics have gone unnoticed. When you receive a take down notice for a video speaking poorly of creation science from "Creation Science Evangelism Ministries" aren't you the least bit suspicious? Most informed people are aware that claims offered by the creation science community aren't generally backed up by courts, and for good reason. You know as well as we do that trying to silence critics by submitting false DMCA requests is a no no. Many many attempts have been made to try and draw your attention to this matter, it would seem youtube is an unreasonable organization. It would seem your staff is completely unaware even after multiple emails from multiple users explaining the situation which you should not allow to occur. Why must we all fight in court for months? You can look at the videos for yourself and see that (from what I've seen) every single video fit within someones right to their own copyright or fair use.

Please consider reviewing these videos and reinstating all of them immediately. Please also consider reinstating my account. I was doing what you should have been doing.

Rationally yours,

Brian Sapient

www.RationalResponders.com

Youtube account: RationalResponse
(restore our account and we'll keep building your business with the same fervency we always did)



Here are the videos we believe you have removed that should be reviewed, please apply fair use law, we know you know it.

Acorvettes:
"Kent Hovind complete calls from jail (1-4)"
"Kent Hovind complete calls from jail (2-4)"
"Kent Hovind complete calls from jail (3-4)"
"Kent Hovind complete calls from jail (4-4)"

pienaldo:
"Kent Hovind"
"Kent Hovind 2"
"Kent Hovind 3"
"Beware of false prophets"

EGarrett01:
"Kent Hovind destroyed by Evolution Grad Student 1/3"
"Kent Hovind destroyed by Evolution Grad Student 2/3"
"Kent Hovind destroyed by Evolution Grad Student 3/3"

ExtantDodo:
"Kent Hovind - Truth in Arguements"
"Critical Analysis of Kent Hovind's Age of the Earth"
"Critical Analysis of Kent Hovind's Dinosaurs and the Bible"

thewayofgrowingpains:
"Kent Hovind vs Kent Hovind"
"Kent Hovind Believes In Evolution"
"Educating Kent Hovind"

RabidApe:
"'Dr.' Kent Hovind"
"Rabidape is having a CONTEST!!!!"

Desertphile:
"Correcting Kent Hovind Lies, 'Lies in textbooks'"
"Correcting a few of Rev Kent Hovind's Lies"

SecularOpinion:
"Understanding Creationism Pt1a: Meet Kent Hovind"
"Understanding Creationism Pt1b: Meet Kent Hovind"

johnplex:
"Kent Hovind: 10 Years In Prison For "Dr. Stupid""

Chrisboe4ever:
"Tribute to Kent Hovind"

qxdc:
"Kent Hovind vs. 2nd law of thermodynamics"

jesusaveswithcoupons:
"FOR ENDISCOMI 1-- Kent Hovind is a Fruitcake"

trebob27:
"Evolution of the eye (marked for deletion in 1 month)"

Kabane52:
"Kent Hovind is a Conspiracy Theorist kook"

socratesone:
"Kent Hovind gets pwended!"


You've also removed the video that exposed this activity from the Rational Response Squad!

Please repost. This video is not copyrighted, and we mean it!


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fattychunks wrote: hey

fattychunks wrote:

hey brian, couldnt the reason why the song about hovind getting pulled is because there's actual photos of hovind at the end? they're portraits so they probably do own the rights to those...

Even if they own them, you are completely within your rights to share them for several seconds in a video for the purposes of parody, criticism, or commentary. It is the person who submits the copyright take down notice without copyright who is breaking the law, not the original filmmaker.

 

Quote:
but has anyone seen the video cse posted about their copyright policy from 2005? sounds like their footing is their shit needs to be unedited.

Yes. You can't rescind copyright once you've given it outpublic unless you state when the copyright will end from the beginning.

 

Furthermore you can't enforce the "no edit" rule. If you want to edit any piece of material owned by anyone within the rules of fair use, CSE could never defend themselves against them.

 


 


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Is it possible to set up a

Is it possible to set up a page with the video material which was removed, I would really like to see them!


mileyp
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LOL!!!! check out the

LOL!!!! check out the wikipedia page on Kent Hovind!

"Kent E. Hovind is an American Fucktard and Young Earth creationist"

Haha, once more wikipedia shows its reliability and truth!!!


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Here's some good news. 

Here's some good news.  The story got mentioned on the Bad Astronomy Blog:

www.badastronomy.com/bablog/2007/09/14/kent-hovind-creationist-liar-and-evil-evil-evil/

Which I found out because I go to one of the larger blogs on the internet, Crooks & Liars:

www.crooksandliars.com/2007/09/17/mikes-blog-round-up-454/

 So maybe the word just got out to a million more people. Every day Hovind helps spread the word that he's an asshat by using censorship rather than facts to promote his agenda.


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here's rapid apes newest

here's rapid apes newest video

http://www.youtube.com/watch?v=Yw9_XUEKlHU

{fixed}


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The url contained a

The url contained a malformed video id.

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fattychunks wrote:

fattychunks wrote:

here's rapid apes newest video

http://www.youtube.com/watch?v=Yw9_XUEKlHU

I'm trying to get RabidAp3 on the phone. He interpreted the law incorrectly (best I can tell). And it's unfortunate, because after we release this information, his info will contradict.

I spoke to Rob Kasunic this morning (for 90 minutes) who works at the Library of Congress. He gave me an official quote on the record, "Youtube is not required by law to pull videos down when a DMCA request is sent in." He went on to explain that youtube could face liability if they are incorrect when getting involved in such matters, however they are allowed to ignore a DMCA take down notice or change their stance on one should they choose to.

http://www.kasunic.com/

http://www.loc.gov/help/contact-general.html

{fixed}

 

 


fattychunks
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  fattychunks

 

fattychunks wrote:

here's rapid apes newest video

http://www.youtube.com/watch?v=Yw9_XUEKlHU

 

http://www.youtube.com/watch?v=Yw9_XUEKlHU

http://www.youtube.com/user/RabidAp3

 

wierd it worked for me, but there's his channel 


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I stuttered and stammered

I stuttered and stammered all the way through it, but I made a video that basically puts "Operation Spread Eagle" into a 3 minute video. Spread it around.

http://www.youtube.com/watch?v=7ANh_Yrm_JA

As far as I understand things, that's correct, isn't it? If not, will someone please let me know? I will take that video down and post a new video with corrections. I made this video so you can easily tell someone about OSE without having to type a lot. All you have to do is this:

you: MAN! SHIT'S GOIN' DOWN ON YOUTUBE!

your friend: What do you mean?

you: No time! Click the link!


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Snerd wrote: As far as I

Snerd wrote:

As far as I understand things, that's correct, isn't it?

 It looks awesome, and your facts were very accurate.

Can you send it to me on skype?

 


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Sapient wrote: Snerd

Sapient wrote:
Snerd wrote:

As far as I understand things, that's correct, isn't it?

 It looks awesome, and your facts were very accurate.

Can you send it to me on skype?

I don't have skype and I don't know what it is. Sorry. I could send you the file in an e-mail, but you've shown us that you're taint-deep in work so you don't have time to check e-mail. If you could get someone else to send it to you, I could give the file to them and they could skype it to you. My internet skills basically revolve around forums, YouTube, and porn. Sorry.


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CSEHave

I have phoned the CSE and told them off.  I have also reposted all of this on myspace.  I will do whatever you guys need of me.  I would write an op-ed if I thought it would get printed. I just want to let you all know that you have my support always!!


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I think we should Rick Roll

I think we should Rick Roll Christians. We should post videos called "God's Free Gift" or some other shit and post a video of "Never Gonna Give You Up" by Rick Astley. Nothing says "protest" like stupid-ass shit such as Rick Rolling. If enough people got behind it, we could make that horrible fucking song our anthem. Christians will run in fear of his 1980s gyrations (they're still struggling to accept that devilish wiggle known as "The Twist" ). Desparate times call for dumbass measures!


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Copyright issues

>>>This sort of attempt at rewriting history, which is illegal... you're not allowed to rescind copyright after giving it to the public domain is obscene to me...>>>
While this is intuitively true, what I feel is uncertain is whether these materials by CSE entered the public domain at all.   Trust me, all of Hovind's statements regarding freely using and copying all their crap does NOT equate to "this stuff is now in the public domain".  The conventional wisdom regarding this issue is sufficiently vague, and I think that may play a large role as to why everyone's so pissed (and maybe a little confused.)  
An excerpt from Wikipedia article on public domain:
"In the past, in some jurisdictions such as the USA, a work would enter the public domain with respect to copyright if it was released without a copyright notice. This was true prior to March 1, 1989 (according to the USA Copyright office), but is no longer the case. Any work (of certain, enumerated types) receives copyright as soon as it is fixed in a tangible medium.

It is commonly believed by non-lawyers that it is impossible to put a work into the public domain. Although copyright law generally does not provide any statutory means to "abandon" copyright so that a work can enter the public domain, this does not mean that it is impossible or even difficult, only that the law is somewhat unclear. Congress may not have felt it necessary to codify this part of the law, because abandoning property (like a tract of land) to the public domain has traditionally been a matter of common law, rather than statute. (Alternatively, because copyright has traditionally been seen as a valuable right, one which required registration to achieve, it would not have made sense to contemplate someone abandoning it in 1976 and 1988.)"

....So, understanding copyright law, and public domain law, it's unclear as to whether Hovind's statements sufficiently placed ALL CSE materials in public domain.  More likely a court would find that Hovind and CSE retained copyright of their materials at the moment of their production (just like the law states), and repeatedly GRANTED rights to copy, edit and distribute to the public for years, until they recently changed their minds.  Since they STILL retain the copyright, oh yes they can change their minds and rescind their previous grant. That's what copyright is all about.  

This would not apply, however, if it could be shown that the materials are actually public domain.  But further research is needed to verify that. 

Regardless of the outcome, CSE are insecure pussies.  If you can't take criticism, please get off the stage.

(see my next post about copyright law)

ciao,

paz


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Copyright Issues pt. II

Gentlemen,

I’ve only been in the music industry for eight years but I’ve had enough exposure to copyright law to retain a basic understanding of its precepts.

What surprises me, however, is that although I have seen much coverage regarding this CSE fiasco and the slimey tactics of Hovind et al, I haven’t read a great deal referring to what the law actually states. And there seems to be at least one misunderstanding when it comes to copyright that I would like to set straight within the blogsphere:

In the United States, the author of intellectual property retains a copyright on his/her work the moment the work is authored. It is automatic and unavoidable. Thus it is fruitless for either Hovind OR anyone else to ever say the words “This material is not copyrighted” or anything similar.

Firstly, “copyright” is not a verb. It is simply the right to copy and/or issue copies of an original creation. An author retains copyright on his original work of intellectual property automatically (unless he’s under contract that stipulates otherwise, but let’s leave that for now.)

Now, the important part: although the author can’t refuse the actual copyright, he can express precisely what sort of copying, distribution, etc. he will allow. This is precisely what Hovind, CSE et al were doing for years through their statements both on their website (until recently) and in recorded lectures and public speeches. Since there is a great wealth of documented reference to this effect, it is likely that no court in the entire country would rule in favor of Hovind or CSE for copyright violation. YouTube should know this, but they are either too puny, weak, uneducated or simply afraid to say so.

Understand the difference: No original work is copyright free… there are simply some works that the copyright holder has stated unequivocally can be freely copied, distributed, altered, cut up, sampled, mixed or mashed, etc. The Fair Use doctrine of the Copyright Act of 1976 protects for MOST of these already; now imagine when, in addition to that, the author states what Hovind has stated for years: “You can copy these, distribute them, do whatever you’d like, there’s no copyright…. etc.” Even though Hovind is incorrect about the fact that there IS a copyright on his works, his mistake only serves to make his position clearer: I as the copyright holder grant you the right to freely copy, edit and distribute my work.

And there is language to support this. For a primer on copyright law, read this. Under the Exclusive Rights section, you will find one of the rights listed: “to sell or assign these rights to others.” In issuing statements such as Hovind’s, CSE assigns blanket rights to all those who view their materials to freely copy, edit and distribute.

CSE is even FURTHER flawed now in trying to cover up their blunder by affixing a visible copyright symbol and date on their website. First of all,

their hyperlink to the new copyright statement denotes “copyright © 2007 CSE MINISTRY” (you can see this at the bottom of just about every page on drdno.com). But click on that link and you’ll find the statement that “Copyright was placed on all Creation Science Evangelism materials (no matter the production date) effective January 1, 2005.

This creates several problems:

1. There’s a discrepancy here; is it 2005, or 2007?

2. You can’t place copyright on original works whenever you’d like. Copyright is not a thing that you attach to intellectual property. It is something you, the author retain at the moment the work is transfixed upon a tangible medium.

CSE needs to verify the original production dates of ALL their materials, and then place copyright notifications on each one according to the dates of their creation.

3. Regardless of WHEN the materials were produced, if CSE has a long,documented history of allowing anyone to freely copy, edit and distribute their material, then any copyright claims on their behalf from the moment of production to NOW will never hold up in court.

Final point: remember that CSE does retain the copyright, so they DO have the right to reverse their long-standing position on copying their works whenever they wish. It is entirely legal for them to issue a statement saying “We no longer extend the right to freely copy, edit and distribute our materials.” But this should not apply to materials that have already been copied and edited. It only applies from this moment on.

So for all you bloggers who are posting video or text responses to this fiasco, please do not do the disservice of stating that your work is not copyrighted. You retain the copyright. You retained it the moment you created it. Instead, put something like this: “I, the author of this (video/article/etc), am the sole copyright owner, and as such, I grant EVERYONE the right to do whatever the hell you like with this material, including but not limited to copying, editing and distributing, in all territories, in perpetuity.”

And in the future, if people are editing your material in a manner that acts to criticize your views, you can rescind that right, just like the insecure pussies at CSE have done.

Copy that.

PAZ

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Nero
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While my expertise is in

While my expertise is in probate common law, I did take courses in Intellectual Properties and have a close friend who works in the field in Nashville, TN.  I have asked him to look at the situation and chatted briefly with him this evening.

First, PAZ, I appreciate your layman's understanding of copyright law; however, you are facing about ninety degrees in the wrong direction.  Case law is fairly clear with regard to figures whose works are primarily public and made in a pedagogic forum.

I will not go into this too far this evening but await my friend's commentary by e-mail.  I will post the cogent points when I receive it.

"Tis better to rule in Hell than to serve in Heaven." -Lucifer


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Before I get flamed for

Nero said:  "First, PAZ, I appreciate your layman's understanding of copyright law; however, you are facing about ninety degrees in the wrong direction.  Case law is fairly clear with regard to figures whose works are primarily public and made in a pedagogic forum."
Thank you, sir.  I admit I only have a laymen's understanding, and it was my post's intention to get more knowledgeable people to sound off about these important issues.  I wait eagerly to learn whether CSE's materials are in public domain or not.

To everyone else,
Before I get flamed for having said the following:  "No original work is copyright free…"
I understand there is a world of work in the public domain that is copyright free.  But insofar as it is in the public domain, it's really no longer an original work (i mean, technically, every work of intellectual property is original, even if it's a derivative work.) Public domain means that there is no copyright ownership, and no legal restriction on use.

Again... these are complex laws.  I promise to keep researching and getting more information for all of us.  I am not siding with CSE.. their actions are reprehensible and slimy, and fitting of those whose insecurity with their own beliefs know no bounds.  I just don't like to rally with the crowd when I'm not clear on the information.  

For the record, it MUST be established whether the CSE materials were ever public domain before we move forward.   But please remember that, with respect to the YouTube issue, it does not matter;  CSE CLEARLY granted rights to anyone to copy, edit and distribute their works, and YouTube has no leg to stand on there.


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So, basically, all you need

So, basically, all you need for your case is to prove that these were truly criticisms and then provide a clip of Hovind saying that it's okay to copy it. So, technically, there is a copyright on it, but it doesn't matter because:

1. It was criticism, which is the foundation of free speech.

2. He encouraged people to copy it.

So you really don't have to prove it's in the public domain. You can if you want, but it seems unnecessary.

If you can clearly prove that the works that were removed are simply counterpoints, then you should be home free. But... um... I'm not a lawyer... so don't really take what I say as, for lack of a better term at the time, gospel.

I think that in front of a jury, you would really only need to prove that this is criticism. But, hey, attack this from all angles. Don't give them any ammo.

 And no civil suit? I'd go for a civil suit. Imagine the "fuck you" you could give them if you made these Christians fund an Atheist organization. That's like mailing back all the shit to the credit card companies in their own envelopes. Shit, give the money to a charity or something if you don't want it. I'm sure you could toss it toward the Katrina victims or to AIDS research or something.


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Just in case you haven't

Just in case you haven't noticed yet, Wired did an article about this. Here: http://www.wired.com/entertainment/theweb/news/2007/09/youtube_dmca


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aaaw, is the truth of the

aaaw, is the truth of the bible and the lies of evolution cramping your world belief's?   would you rather go on and believe that whites are better than blacks and other Racist reasons to kill one another?    Do you actually think you have anything that hasn't been tackled by hovind or his ministry that can PROVE not suggest evolution to be true?  Do you have any non insulting Hurtful simple Cussing accusations to use as an argument point that you need to deduce yourselves to a corner in the web like this licking your wounds about how the creationists proved scientifically or showed evidence that creation is most likely and Evolution is just vague at best?    Damn guys grow up,  stop telling people to read a book even though they have PHd's and the like.  Give it a rest already he's not in Jail because of how he hurt you and how he lied (though he didn't Majority of what him and his ministry says is QUOTES and other reference material)  he's in jail because the court wanted him to spend some time thinking about how me MAY have cheated the government  NOT because they didn't like his religious and conspirative POV. 

 

Stop fighting here and go to Iraq or other countries and fight the war there if you feel your anger is in need of an audience.


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Welcome to the

Welcome to the forum.

remieres wrote:
   would you rather go on and believe that whites are better than blacks and other Racist reasons to kill one another?

No, we're not racist. It's very interesting that you think we are though.

remieres wrote:
Do you actually think you have anything that hasn't been tackled by hovind or his ministry that can PROVE not suggest evolution to be true?

No, I don't.

Technically, science cannot "prove" that the theory of evolution is correct. We can suggest that it happens beyond a reasonable doubt, but there is no absolute certainty.

remieres wrote:
he's in jail because the court wanted him to spend some time thinking about how me MAY have cheated the government  NOT because they didn't like his religious and conspirative POV.

We know that.

 

Our revels now are ended. These our actors, | As I foretold you, were all spirits, and | Are melted into air, into thin air; | And, like the baseless fabric of this vision, | The cloud-capped towers, the gorgeous palaces, | The solemn temples, the great globe itself, - Yea, all which it inherit, shall dissolve, | And, like this insubstantial pageant faded, | Leave not a rack behind. We are such stuff | As dreams are made on, and our little life | Is rounded with a sleep. - Shakespeare


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remieres wrote:aaaw, is the

remieres wrote:

aaaw, is the truth of the bible and the lies of evolution cramping your world belief's? 

More like the lies of the Bible and the attempts of nutcases  that try to force it's archaic nonsense in the classrooms that bother me.

remieres wrote:

  would you rather go on and believe that whites are better than blacks and other Racist reasons to kill one another? 

Let me guess, your one of those Christians that believes that often repeated Christian lie that Darwinism leads to Fascism and uses Hitler as an example right ? Actually Darwin's theories pointed to the fact that all of mankind had common ancestors and thus equal. Unlike religious nutcases that love to create false notions of superiority, like Hitler for example.

remieres wrote:

   Do you actually think you have anything that hasn't been tackled by hovind or his ministry that can PROVE not suggest evolution to be true? 

Hovind is a fraud and an idiot. Plenty of proof supports evolution. None supports the idea that an invisible man in the sky spoke a bunch of things in creation six thousand years ago out of nothingness. I repeat, NONE, Nada, Zip. No evidence at all points to creationism. No evidence points to the existence or need of a creator. Besides, even some Christian churches no longer deny the truth of evolution. The Pope even acknowledges the truth of evolution. Creationism is merely a lunatic fringe element.

 

 

remieres wrote:

Do you have any non insulting Hurtful simple Cussing accusations to use as an argument point that you need to deduce yourselves to a corner in the web like this licking your wounds about how the creationists proved scientifically or showed evidence that creation is most likely and Evolution is just vague at best?  

Creationists have proven nothing.

remieres wrote:

  Damn guys grow up,  stop telling people to read a book even though they have PHd's and the like.

You mean the way that religious people want everyone to read an old outdated text written by a bunch of superstitious goatherders ?

remieres wrote:

  Give it a rest already he's not in Jail because of how he hurt you and how he lied (though he didn't Majority of what him and his ministry says is QUOTES and other reference material)  he's in jail because the court wanted him to spend some time thinking about how me MAY have cheated the government  NOT because they didn't like his religious and conspirative POV. 

Your point ?

remieres wrote:

Stop fighting here and go to Iraq or other countries and fight the war there if you feel your anger is in need of an audience.

Excuse me, but what has this got to do with anything ?

“It is proof of a base and low mind for one to wish to think with the masses or majority, merely because the majority is the majority. Truth does not change because it is, or is not, believed by a majority of the people.”
― Giordano Bruno


Recovering fund...
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Was your video DMCA flagged

Was your video DMCA flagged or "community violation" flagged? If you were suspended because of a DMCA claim, the "strikes" will automatically go away if you file a counterclaim (as long as the flagger does not contest the counterclaim by providing Youtube legal documents as proof that he is taking action). If they suspended you by non-copyright related flagging (ex. "adult content&quotEye-wink then you may have a lot harder time getting Youtube to reinstate your videos - your best bet is to keep emailing Youtube staff until they do something.

Optimism is reality, pessimism is the fantasy that you know enough to be cynical


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Criticism and blasphemy and

Criticism and blasphemy and ridicule are part of free speech. It only becomes illegal to use other's words when you try to pass them off as yours. Of course that is a general rule, but that is what case after case after case is based on.

For Brian to be censored or sued for merely saying "bullshit" is absurd and these guys WILL get their clocks cleaned in court.

This is merely the scam artist getting pissed that the scam is exposed.

 

"We are a nation of Christians and Muslims, Jews and Hindus -- and nonbelievers."Obama
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