Thursday, May 26, 2011

NOW LISTEN!

With a trained ear tuned into your comments and email, I have come to the realization that the RFW Transmissions are mostly listened by you via the divShare player and not downloaded via the link. So as an experiment, I am going to slightly change our regular set up.

The most recent Transmissions can still be heard using the divShare player on the bottom of the post! You can't download from divShare.

Most of the links in red on the Transmission are old and non-functioning. Try it - if it works - great! If it doesn't and you want a copy of any show on the blog - just send me a quick email with the Transmission name and your email address. I will send you the download link asap (even you Ebay Wise)!

Come to think of it - this is a great way for us to communicate more often.

Thanks for your ears!

Dave RFW





2 comments:

Anonymous One said...

I think it is almost certain you are mistaken about Ms Voicu being 'Ebay Wise'.
To begin with, her complaint contains no reference of any kind to 'Chappell', as in Warner/Chappell Publishing. Her DMCA Complaint is only returned as part of your search because it contains references to the comedian 'Dave Chappelle'.
Additionally, her complaint is to the the Adsense division of Google, which controls Google's advertising, and not to Google's Blogger division as were each and every of of 'Ebay Wise''s complaints. Her complaint is only about posted video, not, as with 'Ebay Wise' audio content. Her Complaint involves her contention that a single, individual domain name she one owned was sold by a hosting company without her permission to another. No 'Ebay Wise' complaint ever makes that claim, all 'Ebay Wise' claims are only about a supposed Rightsholder objecting to content over multiple websites. Finally, this sort of Meaningless Internet Mayhem, while entirely possible to be undertaken by a woman, almost certainly never is. Nonsense like this is almost always done by the male of the species.

Your investigative work has been, and is, admirable and, so far, spot on. But with Ms Voicu being 'Ebay Wise', or her having anything to do with any takedowns other than on the website she formerly owned, I respectfully submit you are barking up the wrong digital tree.

Anonymous One said...

As for determining who 'Ebay Wise' is, I am not at all certain any legal counsel is, or would be, required to do so.
Though it is not published on Chilling Effects, Google has all of the complete submission information for every 'Ebay Wise' complaint. Including the name used as signature on each DMCA Complaint.
Your best opportunity to get the recent 'Ebay Wise' DMCA NOtices invalidated is to challenge the validity of the 16 May 2011 DMCA Complaint with Varese Sarabande confirming your findings. And, in doing so, you should make the case that, as with you, all 'Ebay Wise' DMCA complaints are fraudulent and, as such, should be invalidated as well.
This will allow you to restore removed posts and continue posting as you had been
Your getting Google to do this, no matter how long it takes, through affirmative cooperation is likely your best bet.
If you choose, for whatever reasons, to use any legal process to either identify or punish 'Ebay Wise' you will first need to determine what country 'Ebay Wise' resides in. Google, though they may not release specific details, will certainly advise general details.
If 'Ebay Wise' resides in the US, you can begin a legal process but to do so will require that you are ready to be involved in a Federal Court proceeding (copyright matters are Federal, not local) and are ready to become publicly transparent to everyone involved to undertake this.
The Chilling Effects DMCA Complaint Counter-Notice Form here:
http://www.chillingeffects.org/dmca/counter512.pdf
- offer a good overview and their FAQ here:
http://www.chillingeffects.org/question.cgi?QuestionID=132
- puts this in perspective.
Additionally, to file or succeed in any Federal Court action against 'Ebay Wise' you are going to need to demonstrate the "harm" that was done to you. The loss or inconvenience of having removed several posts, whilst certain annoying and unfair, probably does not rise to the level of recoverable harm.
In the other hand, Varese Sarabande, who 'Ebay Wise' fraudulent pretended to be, certainly has a cause of action against 'Ebay Wise' if they chose to do so. But, once again, absent 'Ebay Wise' constantly or repeatedly fraudulently using the Varese Sarabande name, a single instance of this fraud to them also probably does not rise to the level of recoverable harm.
Finally, if you are successful in getting Google to invalidate the 16 May 2011 DMCA Complaint and/or all of the 'Ebay Wise' Complaints, there will then be no matter which a Federal Court would need be involved to resolve.
What 'Ebay Wise' has done is certainly wrong and every fraudulent DMCA Complaint filed is theoretically actionable and do carry the possibility of severe penalty. And 'Ebay Wise' should be stopped. But anything that can or would happen to 'Ebay Wise' legally can only be commensurate with the actual harm 'Ebay Wise' has caused. And, whilst tremendously annoying, the actual harm to any Blogger has been minor or negligible.
The best opportunity to stop and punish 'Ebay Wise' is through cooperation with Google. Google controls Blogger. If you get Google to automatically invalidate/ignore all 'Ebay Wise' Complaints you will have achieved, I think, the best possible victory under the circumstances.

Related Posts Plugin for WordPress, Blogger...