Uploaded April 2009 | Updated September 2026, 3 weeks ago
Onision DMCAd idiotech and antibu86s videos.
Here is a copy of the video by antibu86 that Onision DMCA'd:
youtube.com/watch?v=MGkrZW3WWO0
Look at the comments posted on this video by Onision and CatCommunication:
youtube.com/watch?v=isrcfjyHLS8
Onisions Fair Use Analysis:
1)Antibu took the heart of the video:
2)He downloaded the video illegally
3)Affordable permission was available for using the work.
4)Numerous copies were made.
Onision allegedly also claimed that since he took down the video which antibu copied from, it is no longer published and that makes Antibus usage infringing.
Question: If a woman gives birth to an ugly baby, can she unborn him by shoving him back up her birth canal?
CatCommunication made the following point—which Onisien agreed with:
Onision is a partner and makes money off his videos. Antibu86s posted portions of Onisiens video on his channel. People could watch Antibus video instead of Onisiens. Therefore, Onisien would be deprived of money.
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The Four Factor Fair Use Test can be seen here:
themaskedanalyst.com/Fair%20Use.htm
From Campbell v. Acuff Rose:
http://www.law.cornell.edu/supct/html/92-1292.ZO.html
The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.
Note: citations have been omitted from the following passage from Campbell v. Acuff Rose:
when, on the contrary, the second use is transformative, market substitution is at least less certain, and market harm may not be so readily inferred. Indeed, as to parody pure and simple, it is more likely that the new work will not affect the market for the original in a way cognizable under this factor, that is, by acting as a substitute for it ("supersed[ing] [its] objects"). . . . This is so because the parody and the original usually serve different market functions. . .
We do not, of course, suggest that a parody may not harm the market at all, but when a lethal parody, like a scathing theater review, kills demand for the original, it does not produce a harm cognizable under the Copyright Act. Because "parody may quite legitimately aim at garroting the original, destroying it commercially as well as artistically," . . . the role of the courts is to distinguish between "[b]iting criticism [that merely] suppresses demand [and] copyright infringement[, which] usurps it."
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The Purpose of Copyright Law is to provide an environment that is conducive to the creation of new works. It does this in two ways:
1)It gives creators limited control over their works so that they can profit from them.
2)It gives creators the ability to create new works by building on the works of others. This is what Fair Use is all about.
Note that the purpose of copyright law is not to give the creator control over his work. Giving the creator limited control over his works is but a means to the ends of creating an environment where new works will be produced. See my website for more details.
themaskedanalyst.com/The%20Purpose%20of%20Copyright%20Law.htm
Onision DMCAd idiotech and antibu86s videos.
Here is a copy of the video by antibu86 that Onision DMCA'd:
youtube.com/watch?v=MGkrZW3WWO0
Look at the comments posted on this video by Onision and CatCommunication:
youtube.com/watch?v=isrcfjyHLS8
Onisions Fair Use Analysis:
1)Antibu took the heart of the video:
2)He downloaded the video illegally
3)Affordable permission was available for using the work.
4)Numerous copies were made.
Onision allegedly also claimed that since he took down the video which antibu copied from, it is no longer published and that makes Antibus usage infringing.
Question: If a woman gives birth to an ugly baby, can she unborn him by shoving him back up her birth canal?
CatCommunication made the following point—which Onisien agreed with:
Onision is a partner and makes money off his videos. Antibu86s posted portions of Onisiens video on his channel. People could watch Antibus video instead of Onisiens. Therefore, Onisien would be deprived of money.
-------------------------------------------------------------------------------------------------
The Four Factor Fair Use Test can be seen here:
themaskedanalyst.com/Fair%20Use.htm
From Campbell v. Acuff Rose:
http://www.law.cornell.edu/supct/html/92-1292.ZO.html
The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.
Note: citations have been omitted from the following passage from Campbell v. Acuff Rose:
when, on the contrary, the second use is transformative, market substitution is at least less certain, and market harm may not be so readily inferred. Indeed, as to parody pure and simple, it is more likely that the new work will not affect the market for the original in a way cognizable under this factor, that is, by acting as a substitute for it ("supersed[ing] [its] objects"). . . . This is so because the parody and the original usually serve different market functions. . .
We do not, of course, suggest that a parody may not harm the market at all, but when a lethal parody, like a scathing theater review, kills demand for the original, it does not produce a harm cognizable under the Copyright Act. Because "parody may quite legitimately aim at garroting the original, destroying it commercially as well as artistically," . . . the role of the courts is to distinguish between "[b]iting criticism [that merely] suppresses demand [and] copyright infringement[, which] usurps it."
-----------------------------------------------------------------
The Purpose of Copyright Law is to provide an environment that is conducive to the creation of new works. It does this in two ways:
1)It gives creators limited control over their works so that they can profit from them.
2)It gives creators the ability to create new works by building on the works of others. This is what Fair Use is all about.
Note that the purpose of copyright law is not to give the creator control over his work. Giving the creator limited control over his works is but a means to the ends of creating an environment where new works will be produced. See my website for more details.
themaskedanalyst.com/The%20Purpose%20of%20Copyright%20Law.htm
