Hello. I've been using ustream nearly exclusively as my broadcast platform for most of 2009 (username: "memefilter"). Last night I received a "your [sic] are banned - DMCA" message, and lost broadcast access on my channel(s).
However, I specifically and repeatedly cited Fair Use as my defense against copyright claims. As a review of the several hundred hours of my recorded lectures can show, I *routinely* broadcast and analyze copyrighted material under Fair Use. I do not know why last night was any different, but as before and for the same reasons, the DMCA *does not apply* to Fair Use.
Please reinstate my account access at your earliest convenience, ideally before 12pm EST Tuesday December 8th 2009 (today) as I have a scheduled broadcast of our show "Baloney Salad" then.
I feel I should add this. I'm a copyright holder myself - a published songwriter and a member of ASCAP for distribution of my royalties. I am *quite* familiar with this area of law, as well as with the lawyers and label employees who claim they are protecting the interests of musicians. DMCA is *extraordinarily unpopular*, not just with Americans at large, but with the people who it purports to protect. I understand ustream must "play ball" with the laws as currently written, but it does so at the expense of its credibility with its user base in the long run, because you guys are specifically positioned to cover the many-to-many model. I am CEO of boldvoices.tv, many of our team use and like ustream, and I would like to advise you (and your legal team) that Big Content is not going to win control of the internet. People worldwide want unfettered access to information, censorship is arguably a crime against humanity, a frankly the days of Hollywood do-nothings controlling what artists can say and do is over. I don't need politicians telling me what I can watch or show, and neither do you.
It would be unfortunate, as well as a *terrible* long-term business strategy, to "sell out" your grassroots userbase to the vultures that want to tax/control/censor content on the web. I have my new media job precisely because I'm good at making these predictions. Look at the playing field - there's only one way this can go, and it will be the "democratization" of content creation, distribution, and consumption... because the old model is *horribly* flawed. Mark my words, ustream.
That said and to repeat, please reinstate access to my account. I did not violate DMCA as per Fair Use, and thus the action taken against me was misinformed and in error, as well as an unpleasant event in my ustream experience. I have other broadcast solutions than ustream, but I like you guys/gals and have recommended you to a great many people I work with and around. Prompt action on your part will be greatly appreciated, not least because I have scheduled broadcasts today.
Thank you for your attention, and for an otherwise great service.
- Chris Roberts
- memefilter's blog
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