Wednesday, May 25, 2011

Twitter is a buzzkill

A New Zealander I follow on Twitter posted this earlier:

@francescadejong: "I may delete my twitter account -just got a email from twitter saying they've received a DMCA notice re a post i made.

"I posted a blog with music on it, apparently that's partaking in infringing activity. It was a well known music blog too, the music ninja." The link was to this music blog post by Bon Iver.

If this is true, the idea that Twitter would send out warnings to its users for sharing links, which is one of the fundamental uses of Twitter, is just insanely stupid. Especially as I think US copyright law doesn't apply to NZ citizens. That wouldn't stop Twitter deleting your account though.

ADDED - two articles: The Twitter DMCA Debacle.
How Much Copyright Infringement Can You Cram Into a Single Tweet?

ADDED: iTunes accidentally leaked Bon Iver's new album. As Amplifier.co.nz noted via Twitter, "Stores don't accidentally leak albums. Labels upload albums with the wrong release date."

ADDED I contacted the Music Ninja blog via Twitter and let them know about Francesca's issue. I asked if they had had any DCMA infringement notices from Twitter or elsewhere,and they replied no.

ADDED Here is the full DCMA notice sent to Francesca from Twitter (thanks to Francesca for letting me publish this)....

francescadejong, May-24 04:18 am (PDT):

Hello,

The following material has been removed from your account in response to a DMCA take-down notice:

Tweet: http://twitter.com/francescadejong/status/72216458863718400 - Listen to Holocene by Bon Iver at the bottom of this post. Beautiful. http://t.co/XLMG9kc via @themusicninja

If you believe the material to not be infringing, you may send us a counter-notification of your objection pursuant to 17 U.S.C. § 512(g)(3).

Please include the following in your counter-notification:
1. Your full name, address, telephone number, e-mail address, and Twitter user name.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.
5. Your physical or electronic signature

Please send your counter-notification to us at the following address:
Twitter, Inc.
Attn: Copyright Agent, DMCA Counter-Notification
795 Folsom Street, Suite 600
San Francisco, CA 94107
Or fax to: 415-222-0922
Or email to: copyright@twitter.com, subject: DMCA Counter-Notification

We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.

If we do not receive notice from the complainant within 10 business days that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Twitter, we will replace or cease disabling access to the material.

Further information and a link to a sample counter-notification may be found on the Electronic Frontier Foundation’s website at http://www.eff.org/issues/bloggers/legal/liability/IP.

THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS. We recommend you contact your own attorney in this matter.
Thank you,
Twitter Trust and Safety
-----------

ADDED I've just found that Bon Iver's label JagJaguwar have a free MP3 download of Calgary, the same MP 3 that is on the Music Ninja blog for download. 

4 comments:

GUCCI 1639 said...

What made YouTube succeed is that they closed their eyes on "copyrited" material. I never saw an artist complaining that people share his music thus creating free advertising. Smart musicians know that the only way for them to make money is touring. Times when people bought a CD for one song is over. Just like it's over for glasses in stores when you can buy sunglasses online

@socialspace said...

This is a sad day, and even sadder - a predictable one. I spoke about Twitter's increasing enforcement of their TOS the other week, suggesting that the desire to produce revenue this year will be at the expense of the users and developers that made Twitter what it is. In this case, a take down of a link is patently ridiculous, particularly when you examine the content of the tweet, which shows that the user was merely promoting the band's work. If I were Boniver, I would be annoyed and embarrassed.
Moreover, this situation is compounded by the lack of a take down notice to the folks actually hosting the content!

There's more to come fo' sho.

JKing said...

Someone points to a place where they can hear but not even (easily) download a song ... and calls it 'beautiful' ... and the record co (or someone) jumps on them? Retarded.

And they, as the saying goes, wonder why record co's are in the shit.

seeloe_sickser said...

I have recieved the same notice from Twitter concerning the same artist and same track, as well as another song by the same artist :(

I'm just wondering if I need to do anything regarding the topic. I've forward to my lawyer just in case.

I was using hypem.com and hearted a couple of his songs that were on the popular now tag. Didn't download or upload any of the music. And woke up to this notice in my inbox.

Terrible, I've broken the link between hypem and twitter to hoepfully prevent this again, but it has me questioning the legality of hearting songs on hypem.com...