Sapient and Explorologist reach a settlement agreement

kellym78's picture

Sapient and Explorologist Settle Lawsuit

Explorologist Ltd. and an online critic have settled their legal battle over a YouTube video challenging Uri Geller's claims about his mental powers.

EFF and Schnader, Harrison, Segal & Lewis, LLP, represent Brian Sapient, who uploaded an excerpt from a documentary that critiqued Geller's performances and abilities to YouTube. Explorologist claimed the clip infringed its copyrights. More information about the case is available here.  Here is a previous post from Sapient on the court case.

The agreement should allow the healthy debate about the existence of 'supernatural powers' to continue without interference. As part of the legal settlement, Explorologist has agreed to license the disputed footage under a non-commercial Creative Commons license, preempting future legal battles over the fair use of the material. A monetary settlement was also reached.

 

 

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I assume you arent allowed

I assume you arent allowed to comment any more than is in the original post?

Sapient's picture

mrjonno wrote:I assume you

mrjonno wrote:

I assume you arent allowed to comment any more than is in the original post?

That's about the jist. 

 

MY ENTIRE COMMENT: We reached a monetary settlement and I'm satisfied with the terms.  Explorologist has agreed to license the Hughes Film and Photos pursuant to a Creative Commons Attribution Non Commercial license.

- Brian Sapient


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DJ's picture

Uri Geller is a hack

Derren Brown is a much better psychic than Uri Geller, and D.B. is a skeptic. He does what he does and then explains he did so without the help of supernatural powers.

"Life Is Far Too Important A Thing Ever To Talk Seriously About" Oscar Wilde

Nothing wrong with illusion

Nothing wrong with illusion as long as you don't forget it is illusion. I love horror films vampires, zombies ghosts even religion is great in fiction its where it belongs (Original Omen was a classic the remake well hmmmm)

Sapient's picture

Story from CNET

- Brian Sapient


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lazuli13's picture

Score one for the home team...

DJ wrote:

Derren Brown is a much better psychic than Uri Geller, and D.B. is a skeptic. He does what he does and then explains he did so without the help of supernatural powers.

 

I have always respected Derren Brown for not claiming psychic powers. He could fool most of the population and make a great fortune for himself if he wasn't such a good guy. He is more humanist than most humanist. I'd buy him a beer any day.

Congrats to RRS for their victory, it is a victory for freethinkers and people who value freedom of speech everywhere!! Any material released to the public should be subject to scrutiny or disagreement, no matter how deep the presenters pockets. The offending material should always be legal to present as background or caricature. Thanks to RRS for taking the heat and making this world a little better for all of us.

 

Brian37's picture

I read the link and I can

I read the link and I can only guess who the court favored.

It is nice to know that the courts still protect critics.

Now if someone could take down Sylvia Brown and her nonsense.

"We are a nation of Christians and Muslims, Jews and Hindus -- and nonbelievers."Obama
Check out my poetry here on Rational Responders Like my poetry thread on Facebook under BrianJames Rational Poet also on twitter under Brianrrs37

Brian37's picture

AND super con Benny Hinn.

AND super con Benny Hinn.

"We are a nation of Christians and Muslims, Jews and Hindus -- and nonbelievers."Obama
Check out my poetry here on Rational Responders Like my poetry thread on Facebook under BrianJames Rational Poet also on twitter under Brianrrs37

lennyhipp's picture

ambiguous

 you had both sued each other...

who got the settlement?

 

Someone else said he thinks this is a win for the side of the rational and critical thinkers.... to me, it almost sounds like Geller's side won the settlement, but agreed the footage could be used from now on...

 

??

LH

Another news story on the

Another news story on the issue...

http://digitaldaily.allthingsd.com/20080804/geller-dmca-update/

And for My Next Trick, I’ll Turn Myself Into a Complete Jackass

by: John Paczkowski

If you’re going to demand that YouTube remove a video to which you object under the Digital Millennium Copyright Act, it’s probably wise to make sure that you understand the DMCA. Wiser still to make sure that you actually hold the copyright to the video in question.

Uri Geller, the purported spoon-bending paranormalist, apparently did neither when in May of 2007 he sent a DMCA take-down notice to YouTube demanding that it remove a clip debunking his “supernatural” abilities. And boy, did he ever pay for it.

You see, Geller didn’t own the video. And that made his DMCA take-down notice unlawful, as the Electronic Frontier Foundation pointed out when it filed suit against him for misrepresentation of copyright claims. “We’ve seen a rash of people abusing the DMCA lately, attempting to take down legitimate criticism and commentary online,” EFF staff attorney Jason Schultz said at the time. “To allow thin-skinned public figures like Uri Geller to abuse this system forces critics to remain silent and creates unfair hurdles for free speech to thrive online.”

Well, the hurdle to which Schultz was referring was knocked down today when Geller settled the EFF suit. Under the terms of the settlement, Geller will license the disputed footage, all eight seconds of it, under a noncommercial Creative Commons license. A monetary settlement was also reached, but the terms are not public–unless you too are a paranormalist and can divine them.

Another one...By Fred

Another one...

By Fred Benenson at http://creativecommons.org/weblog/entry/8716

YouTube has become quite the battleground for copyright claims and our friends at the Electronic Frontier Foundation have found some great opportunities to defend fair use and put our licenses to work. Just yesterday they settled a deal between Brian Sapient and Explorologist Ltd. over the fair use of clips critiquing performer Uri Geller’s claims to mental powers. What’s really fantastic (and what motivated us to post) is that the EFF has leveraged the power of our licenses in the settlement itself:

The agreement should allow the healthy debate about the existence of ’supernatural powers’ to continue without interference. As part of the legal settlement, Explorologist has agreed to license the disputed footage under a non-commercial Creative Commons license, preempting future legal battles over the fair use of the material.

This case follows in a tradition the EFF established when they settled another case in May 2007 with Rick Silver, the creator of the “Electric Slide” dance where Silver was ordered to put the dance itself under our Attribution-NonCommercial license so that derivatives could be made for non-commercial purposes.

Kevin R Brown's picture

Quote:August 5, 2008Skeptic

Quote:

August 5, 2008

Skeptic and Psychic Spoon-Bender Settle Suit

 Just over a year ago, Brian Sapient of the Rational Response Squad and the Electronic Frontier Foundation filed a lawsuit against spoon-bending Israeli psychic Uri Geller and his corporation, Explorologist. Sapient had prepared and posted a video showing skeptic James Randi exposing the rather tawdry secrets of how Geller claimed to use his psychic powers to read minds and exercise telekinesis.

The thing of it is, if Geller had portrayed himself as an illusionist, as strictly an entertainer, he would have been left alone. But because he insisted his psychic powers were real, the higher a profile he set for himself, the more of a target he became. Randi and Sapient and a bunch of other people would have left him alone if he had been just another magician. No one seriously thinks that a stage performer does real magic -- you know it's an illusion, but it's entertaining all the same to wonder how such a thing could be done. The wonder of the trick is more than enough entertainment without having to really believe that demons or supernatural forces are involved. But that's not the route Geller took -- he claimed to be the real thing.

So when Sapient posted the video on his website, he included text demonstrating what a fraud he thought Geller was. He pointed out, in no uncertain terms, that Geller was as good as stealing money from people by pawning off his sleight-of-hand parlor tricks as real psychic phenomena. And Geller was pissed about it, because Sapient has an audience of his own and that cuts in to Geller's market share. So he demanded that YouTube take down the video. His claim was that Explorologist owned eight seconds of the video used in the nearly fourteen minutes of Randi's open-licensed end product.

Under the Digital Millennium Copyright Act (DCMA), you can do that if you claim your copyright was violated by the posting of the video, and the third-party hosting service has to comply, and is then immunized from further liability. But the person who demanded the video be taken down becomes potentially liable to the poster of the video for violating the poster's copyrights. So Sapient sued. Geller sued back, and that was quickly dismissed.

Today, the lawsuit settled for an undisclosed exchange of cash (Geller would be the one who is paying, obviously, and likely the amount is only a portion of EFF's attorney fees) and the release of those eight seconds on a creative commons license. Presumably, further comment on the issue will be restricted to what has already been published.
 

From this webpage.

 

I hope the flat-earthers are right, so that some day Uri Geller might fall off the face of the planet.

Quote:
"Natasha has just come up to the window from the courtyard and opened it wider so that the air may enter more freely into my room. I can see the bright green strip of grass beneath the wall, and the clear blue sky above the wall, and sunlight everywhere. Life is beautiful. Let the future generations cleanse it of all evil, oppression and violence, and enjoy it to the full."

- Leon Trotsky, Last Will & Testament
February 27, 1940

Awesome footage

I don't have a comment about a lawsuit, but I've got to say that footage is great!  I've never seen it before.  That Tonight Show episode with Uri was from before I was born.

 

 

nikimoto's picture

Congratulations. Well done,

Congratulations.

 

Well done, Brian and EFF!

Here's another news story

Here's another news story about it...

http://www.alleyinsider.com/2008/8/how-does-someone-with-psychic-powers-silence-critics-with-the-dmca-

Quote:

How Does Someone With Psychic Powers Silence YouTube (GOOG) Critics? With The DMCA.

|

Television "psychic" Uri Geller claims to be able to bend spoons with the power of his mind. So we'd have guessed the paranormalist would silence critic Brian Sapient, who uploaded a 13-minute debunking video to YouTube in March of last year, by frying his brain with a telekinetic bolt.

Instead, Geller filed a takedown notice under the U.S. Digital Millenium Copyright Act (DMCA). Geller's complaint? That the video, originally part of a skeptical NOVA program called "Secrets of the Psychics," contained an eight-second long clip that was under Geller's copyright. Google's (GOOG) video site complied and suspended Sapient's account, and all of his videos, for two weeks.

But Sapient, who belongs to a debunking group called the "Rational Response Squad," fought back.  Together with the Electronic Frontier Foundation, Sapient sued Geller for filing a fraudulant DMCA complaint. Muddying the legal waters, Geller countersued, charging that British copyright law should hold sway as he's a citizen of the UK. Earlier this week, the case settled, in what appears to be a victory for Sapient and a defeat for the Israeli-British psychic. The disputed eight seconds of video has been released under a noncommercial Creative Commons license and the video is back up on YouTube.

This isn't the only time YouTube has been the flashpoint of controversy over charges that copyright holders have been using the DMCA in a predatory manner.  Last year, a Pennsylvania woman sued Universal for damages when the music company filed a DMCA takedown request over YouTube video of her baby dancing to Prince's "Let's Go Crazy." More recently, Brooklyn-based investigative firm GrayZone owned up to having "erroneously issued takedown notices to YouTube" that knocked videos of a Led Zeppelin reunion concert offline.

The Geller case is another example of what appears to a troubling trend -- the cavalier use of the DMCA to quash free speech. We're sensitive to the plight of copyright holders who see their intellectual property rights flouted on YouTube or Pownce. But just as content creators need legal protections, so do the rest of us, and we hope the courts will take an increasingly dim view of predatory DMCA filings.

Luigi Novi's picture

Congratulations.

Congratulations on the settlement, guys. I hope it damaged Geller enough into dissuading him from attempting further frivolous claims like this.

I had a friend in the 90's

I had a friend in the 90's that had real supernatural powers. He was a medium. I saw him levitate objects and conjur demons with my own eyes.  I saw him do things you woulnd't believe. I REALLY saw this stuff, I swear.

The Church told me to get away from him, so I did.

 I used to have a friend in

 

I used to have a friend in the 90's who was a medium and had real supernatural powers. I saw things you wouldn't believe. He could levitate objects and do all kinds of things. He conjured demons. One of the demons even physically assaulted another friend of mine. I have direct proof of the existence of evil spirits.

I might be able to contact this person. If I do, I will contact the Rational Responders and maybe we can arrange somekind of experiment.

I have seen the supernatural

I have seen the supernatural with my own eyes. I SWEAR.  You have no idea what I have seen. We do not live in a materialistic universe only. I have proof.  Atheism is false.

JillSwift's picture

Jerud1711 wrote:I have seen

Jerud1711 wrote:
I have seen the supernatural with my own eyes. I SWEAR.  You have no idea what I have seen. We do not live in a materialistic universe only. I have proof.  Atheism is false.
Right. If you had evidence, you'd present it.

 

"Anyone can repress a woman, but you need 'dictated' scriptures to feel you're really right in repressing her. In the same way, homophobes thrive everywhere. But you must feel you've got scripture on your side to come up with the tedious 'Adam and Eve not Adam and Steve' style arguments instead of just recognising that some people are different." - Douglas Murray

Sapient's picture

Jerud1711 wrote:He could

Jerud1711 wrote:

He could levitate objects and do all kinds of things.

Levitating objects is about the simplest magic trick in the book.  Get yourself a $30 DVD called "float" and it'll come with the almost microscopic thin string you need and the wax you adhere to the string, the object, and your finger.   Watch it here: http://www.youtube.com/watch?v=FsYZNNT4PUI

As for your demons, any good actor can fake a demon, and I'd have to witness the demon assault to tell you how it was done.  Possibly the person assaulted was in on it.

Quote:
The Church told me to get away from him, so I did.

Get away from the Church.  

 

I'm curious, will you take my advice about Church, or is it only church leaders that you follow like a sheep?  BAAAAHHHHHH

 

 

- Brian Sapient


Buy popular atheist books and support the Rational Response Squad at the same time on Amazon.

The copywrited material of Gurri Yeller

According to the court documents, the copyright claim on the video was time period of about 50-58 seconds "He has a remarkable affinity..."

"I have seen the

"I have seen the supernatural with my own eyes."

Delusion is commonplace among fundamentalists.

"I SWEAR."

Don't cuss. It's not nice.

"You have no idea what I have seen."

You're right. But I'm willing to bet real money that your account cannot be independently validated.

"We do not live in a materialistic universe only."

Science cannot comment on the supernatural. With this in mind, you might want to remember that asserting the superatural as truth is a logical fallacy simply because you CANNOT provide observational evidence for your proposition to be right.

"I have proof."

Sure. That's why you're here, and not out there presenting it to scientific journals. And again, science cannot comment on the supernatural.

"Atheism is false."

Not collecting stamps is false too.

In reality of course, not collecting stamps is the abstinence from getting involved in a hobby. Not believing in supernatural fairytales is the abstinence from getting involved in a religion. In both cases, they cannot be false due to their very nature of NOT getting involved.

Sapient's picture

The CNET story is in the

The CNET story is in the upcoming section of DIGG.com:

http://digg.com/tech_news/Uri_Geller_Settles_In_YouTube_Copyright_Lawsuit

 

- Brian Sapient


Buy popular atheist books and support the Rational Response Squad at the same time on Amazon.