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Video Stealing
I am a fan of competition it lowers prices and delivers better products to consumers. The blue alliance has done a great job of an open source place to where you can get photos and videos of teams, and IMO saving the history of first. What the blue alliance does is great. They ask for donations of videos and pictures and never posts things that they do not have permission to post.
This leads me to my title. There are is a new site(s) that are taking videos from youtube and uploading them to their own site(s). It is being done without permission from the owners of those videos, and frankly its wrong. While FIRST events are open to the public and anyone can record them this does not mean you can then take the videos they (the owners) recorded and use them as your own. It would be different if you (the video stealers) were using "Fair Use" (Examples of fair use are works used for news reporting, criticism, comment, scientific research, teaching, and parody.), But this is not what happening. The videos are being used completely unedited just to promote their own site(s). My suggestion to the group(s) doing this is to go invent a better mouse trap if you want to compete with the blue alliance, but stealing videos is not the path I would recommend. I am also sure the teams your stealing the videos from would also appreciate it. |
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I agree that ripping and re-uploading other people's videos without permission is a problem, especially if the re-uploader is personally gaining something from the action. There was a thread not too long ago that went down a similar path of reasoning here.
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I didn't know this was such a huge problem. (As in I didn't know people were doing it.)
Whenever I use someone else's videos on my team's site. Which I may have done once. It was using the YouTube embedding function. Therefore I never took/stole their content at all I just "shared" it. I think the whole concept of sharing video/photo content vs stealing content is a bit mixed up and because of how public and open places like YouTube are the lines between sharing and stealing are somewhat hard to see. I get your problem and I agree, but I also think it's too easy for people to take content for themselves and Google/YouTube should have fixed the big allowing such easy downloading of video content ages ago. |
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You should be fine if you use the embed function on youtube. If you don't want your videos embedded on other people's sites then you can turn this off in your video settings on youtube.
Now if they are downloading them and reposting them without the youtube embedding then it is wrong. |
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This is not about sharing videos.
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I understand what WFN is trying to do by archiving the videos outside personal youtube accounts and in some cases they are given permission to grab videos. I just hope they find a way to achieve this without stepping on people's toes. |
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If the other site (or WatchFIRSTNow, if that's indeed the site to which you refer) were to make an explicit assertion of fair use, and specify the grounds, I think we'd be more able to assess their intentions. (Note that the lack of such a declaration could be read as ignorance, malice or a desire to keep their arguments in reserve in case of legal proceedings.) For completeness, I should also point out that it could be fair use/fair dealing, and still be wrong, because of other moral considerations. If those are at issue, let's lay them out and discuss them. |
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Classic Canada: first they steal our American pharmaceuticals, now they take our videos! Life will never be the same!
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I'm pretty sure that the aforementioned usage of FIRST recordings falls under the category of fair use (on watchfirstnow.com)- it might fall in the category of education, since it is educating the public on what FIRST does. While the original recorder technically has the exclusive rights to public distribution, the fairness doctrine overrides this right when it applies.
There's 4 items considered when determining if a scenario classifies as fair use, but these two items (from 17 U.S.C. § 107, fair use doctrine) are, in my opinion, most salient to this case: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 4. the effect of the use upon the potential market for or value of the copyrighted work. It can be reasonably argued that this work is for educational purposes (as it educates the public) and the website, seeing that it is devoid of advertisements, seems to be of a non-profit nature. (I will admit the WHOIS obfuscation is annoying... Grr... those people...) It can also be argued that these videos have minimal market value that's being lost in this case (I mean, no one's getting paid from YouTube yet, right?) and based on the number of views these videos get, I'm not even sure losses in ad revenue can even be remedied in court (is it even worth the filing fee, anyways?) Personally, annoying as it may be, I think that this website has a strong case for fair use. Without any monetary market for these videos, legal arguments against this site may not only fail, but be detrimental to FIRST's goals of expanding the program. (TLDR) People will share things on the internet no matter what you do; just let them be. |
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Not that it makes things right or anything, but an offended party that has had its video ripped and uploaded to a different video sharing site can always file a DMCA takedown with said video sharing site. As long as you're the copyright holder of the material, you can do that and it's likely to get the video taken down or at least get the offender put on notice if enough complaints are made.
Mind you, you need to be that actual copyright holder for the material. If all you did was record the FIRST provided video stream, then it's probably FIRST that's the copyright holder, since they did all the production, etc. I think unedited, uncommented video from your own camera of an FRC event is probably shaky on whether you're the copyright holder. And something like RoboShow is very clearly original material that the RoboShow guys hold the copyright to. |
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And look at how differently that would play out if the aggrieved party were a FIRST participant. Would the DMCA process happen? Would the lawsuit happen? It's not unreasonable to think that you won't actually get in trouble. Look at the variety of copyrighted content on video hosting sites—probably including those series—as an illustration of that fact. Whether or not it's right, the uploader does indeed stand a reasonable chance of getting away with it. |
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Though FIRST is the video provider (e.g. through the AV hookups at the venue), their agreement with the film crew may not necessarily specify a transfer of copyright. In the U.S., absent a work for hire agreement, the person operating the camera is the copyright holder of the video.1 (The lack of such an agreement would be unlikely, but to the extent that FIRST believed the webcast was a one-time event rather than a body of content that could be preserved and used forever, it's not inconceivable that the contract could omit this.) For the same reason, the person operating their own camera at a FIRST event owns the copyright to that video. If there was editing and production work that was creative in nature, then there would be a copyright embodied in those elements, and separate from the camera work. Again, this could be assigned to FIRST by contract, and probably is. The main complications arise as a result of the content of the video. FIRST has music playing in the background (which is presumably under licence); they don't own that copyright, and therefore can't transfer it.2 To the extent that creative performances take place (perhaps in the form of a speech or the rendition of a national anthem, but almost certainly not gameplay), those are copyrighted by their performers, and FIRST can't transfer that copyright either. If you re-use that content, you have to be ready to assert that your use of the portions for which you have not secured copyright approval are fair use or de minimis infringement (too small to cause any meaningful harm). Or you have to hope they don't find out and start checking items off the list I provided above. Another complication arises because the video host can terminate its agreement with the uploader, likely for little or no cause. Even if you legitimately own the copyright, the video host can (legally, but perhaps unethically) kick you off and take the video down. Users who are frequently the target of DMCA takedowns may find themselves in that situation. By the way, don't file a DMCA takedown request if you're not the copyright holder. Misrepresentation will open you to liability for damages. 1 In Canada, the law is a little more complicated, but ought to work out the same way in the case of a work for hire. 2 In theory, they actually could write such a copyright transfer into the contract, but I doubt it's there. I bet the agreement only covers FIRST, not downstream re-users. |
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This issue is pretty black and white. There should be no need for discussion about fair use or whether the videos are for "educational use". WFN is ripping other people's videos from websites, re-uploading them, displaying them as their own content, and serving ads on them. It's pretty safe to say no one is okay with this. As Chris said (and as I pointed out in a private message to Adam - which like Hallry's email never got a response), the logic that there's "no source of income from the ad" doesn't mean they're not ads. Likewise, the logic behind planning to attribute people, but in the meantime not removing the videos or contacting the original owners and making sure it's alright if they re-upload the videos is flawed. A quick solution for this would be for WFN to do the right thing, and just link to the YouTube videos on their website, like The Blue Alliance does. To Adam: If you need a programmer to replace the ripped videos with the proper embedded YouTube links, I'm sure we can work out a deal |
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I knew FIRST was all about giving students "real life" engineering situations. It's now evolved to giving students "real life" legal situations ;)
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I'm not qualified for the legal discussion but I like the benefits of a stable video archive. Teams don't always last and don't always manage the transition of accounts. (There's an old 610 channel with a video of someone tripping that we can't remove for example)
The only reason we have the 1996 championship is because someone recorded it. https://www.youtube.com/watch?v=T8N6lnle1fc Is this ok? |
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Everyone,
I don't have time right now to write an at length response to this entire thread. But I would like to make sure you all know that I am aware of the thread. I'm going to do my best with the time I have right now to respond to some comments, I will get to the rest later tonight or tomorrow. If you read through my responses to the last thread I stated that Quote:
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From what I can read, there are 2 main problems at hand. One is the fact that we don't credit the source, which I will fix. Second is the people who would rather fight to call something theirs (which I'm not trying to take away from them) instead of help the cause and help spread the word of FIRST. Requesting video take downs is of benefit to no one. If people have specific issues. Lets come up with ideas to solve them instead of just complaining. - Bochek |
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EDIT: I've check through all of the emails on both accounts...Can't find anything from WFN. |
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https://www.youtube.com/static?template=terms (section 4) You're also connecting that breach with the FIRST name. |
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Also, attribution isn't connected legally to fair use, but it certainly is the morally correct thing to do. |
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If we're giving out gold stars for "spreading the word of FIRST" - who would you give more credit to... A) The teams filming, editing, and uploading events - who work with the admins of TBA to link match results to match video. or B) Someone using a bot to download videos from youtube, upload them to a Vimeo account, and serving them on a superfluous website laden with ads. If your view is that re-uploading videos to a separate account is beneficial - knock yourself out. But to do so without the permission of the creator (in this case the explicit disapproval of the creator), isn't the proper way to go about it. I know that team 25 has purposely not published their match video from Hatboro since they don't want you to rip and re-upload it. That's not a net gain for the FIRST community. |
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Instead of trying to shut them down, why not just roll with it? If you want to take credit for this worthy activity, why not just talk about how many of your videos are featured on the distribution site? Uploading credit is certainly something to ask for, but in the case of an uncooperative host, a small watermark in the corner will certainly do the trick. Just talk about how you're working with other teams/people to expand FIRST beyond your own personal capabilities. |
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It is not the responsibility of the people "providing" (its not really providing at the moment because they were never asked) the content to talk about this on their own. This is the responsibility of whomever is running the website. How about I grab pictures of you off of Facebook (or other media site) and use them on a website for promotional work. I'm not going to ask you can just tell everyone that its you. This is not how the real world works. What they are doing is great in that they are providing a database of videos for matches. While redundant since we have TBA they each have their own way of doing things, every good thing will have competition. With that being said, more people would be open to the idea of linking their match videos to these websites if they are 1. ASKED and 2. credit is given either by a disclaimer or a link to the original work. To whomever is running this: please stop taking videos for the time being and resume once you come up with a process for asking for permission and giving credit where it is due. You are only hurting yourself more by creating a bad reputation of your website. I believe your intentions are good to create a better video database considering when you started your efforts TBA wasn't getting much new content. |
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Yes, credit should be given where credit is due, as I mention in my above post, but modifying their behavior is not something entirely within your control, while adapting to it certainly is. (You also won't find me on Facebook- I have a thing against them ;) ) |
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It's an interesting time now. Back then I think the WatchFIRSTNow effort would be praised but with the advance of content copyright and online streaming, things have changed quite a bit. Speaking of FIRST Video Archive, are there ways of linking those old videos to TBA? Or do they need to be uploaded to YouTube for that to occur? Would uploading them to a YouTube account spark the same kind of discussion we're having here? |
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I think because of the controversy over your site, your brand is compromised and could benefit from relaunching under a different name with different management to provide a clean break from said controversies. I demand you provide me all the supporting source of your site so I can make the necessary changes and relaunch it under my management as "ThisIsFIRST". Under my new management it will be much more successful at helping the cause and spreading the word of FIRST. So you should totally hand over all that source to paid to develop. I'll (obviously) just rip the content from your video sharing accounts myself. |
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What is YouTube or Vimeo's policy on accounts that get deleted/banned? As in, if an account was deleted or banned, is there a way for the account holder to access (ie 'take back') the videos they uploaded on to the account?
Preface: This is not an opinion on WFN or their execution/implementation. I've only skimmed over the details of that case, so I'm not willing to provide an opinion on it. In general, I agree that having one, centralized community-driven storage of videos would be useful. So that videos won't get lost, and are easier to access for people who want to design portals that showcase those videos (similar to TBA). For example, a rather simple implementation would be to have one YouTube channel called 'FIRST videos' that anyone can upload to. Is there a particular reason why people who filmed/edited videos want to upload them? Do they get money from them? (I'm just trying to see what potential issues might arise from such a centralized solution, not attack anyone). |
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I know 1676 pride themselves on the significant amount of match videos they post. Saying you "forgot to credit them" is just as bad as ignoring it completely. Its great that you webcast and archive all Canadian events, but is it necessary to host every other video? Either way if you decide to start asking permission from other teams to host their videos, I can guarantee you're going to have a hard time getting approvals from some people... |
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In exchange for accreditation (or similar), would everyone be willing to upload it to a centralized location, instead of (only) their personal YouTube/Vimeo account? Or are there other factors involved? |
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after reading through this forum and discussing it with my English teacher he told me that what WATCHFIRSTNOW is doing is not wrong. YouTube is a public domain full of public files, the team does not have to post there videos to you-tube. therefore Watchfirstnow has every right to take videos of of you-tube for personal use as long as its for non-private. as long as the video is not copyright, they have all the right to take it and use it.
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Compare what WFN is doing to something he MIGHT understand: I've got a lot of posts on here, some of which almost provide some educational value. Now, copy the text of that and put it verbatim into a book. Is it bad to do this without citing me? You bet it is. You're taking my work as your own. Now, yes, that work is a derivative of other's work. But the fact is that I am the one who wrote it originally. Now, if I record an event happening is it really any different? Nope. I hit the record button, I set the angles for the shot, I did any required editing. Now, if someone takes it and uses it for their own gain (which this is undeniably doing) it is infringement. This is a really simple case. |
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I've been keeping a close eye on this thread, but have been trying not to post too much on it.
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EDIT: Also found that there is a Facebook Group for coordinating TBA match footage as well. Quote:
And I also just want to put this out there: What if I go download all of WFN's footage and then post it on my own personal account somewhere, and start advertising it like crazy on Chief Delphi as "Robotics Videos Online". That would be perfectly fine under WFN's beliefs, correct? (assuming everything else is disregarded) That's my $0.02 for now. I'll see if I can dig up any more change in my pockets later. |
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I worded that poorly, gain isn't important it just makes it more bothersome to me. Passing off someone else's content as your own is the core problem. And on top of any legal issues... It's just a slimeball move. Adam, you're being a slimeball. Stop it. |
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Also, we did suggest a solution. Several times, in fact. Need another solution? Feel free to email me, I know how to drag and drop a few videos to a trash can. Is it on a server? Perfect. Here's my ssh public keys. I'll login and remove them for you. It doesn't take a programmer to make this right. Quote:
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If the community could store/manage the content, it would help safeguard against that possibility. Quote:
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Nonprofits have goals that can be hindered with the theft of intellectual property, but downloading non-commercial code to teach a class (assuming this teaching does not damage the copyright holder) is fair game under fair use. |
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Unless someone wants to go the extra mile and provide a means of letting teams easily gain access to all the analytics that they want, embedding and a backup database (firstvideoarchive?) for archiving purposes seems the way to go. Now that I understand the situation a little more, I do agree that regardless of legality, there should be an etiquette established where if you want to use someone else's match footage: - ask and comply with their requirements for using it or - embed And hopefully we can put together a comprehensive archive that everyone is willing to put their content in it (for the sake of the community). |
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People, calm down. I am giving everyone 24 hours to think. I will reopen thread tomorrow.
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Good morning and welcome to another day of FIRST. I have opened this thread hoping that civilized conversation can take place. WE ARE FIRST! What is said here reflects who we are and what we represent please take that into account while posting. I hope that I can check this thread during the day and see positive, respectful posts. We will not all agree on everything but we can still be respectful of each other.
Thanks :) |
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FYI, to those unaware, from the 'Help Build the Archive!' thread: http://www.chiefdelphi.com/forums/sh...3&postcount=35
WatchFIRSTNow has been gracious enough to remove the footage that I wanted to be taken down, and I'm sure if FiM or anyone else wants their videos deleted from WFN's account, all they have to do is ask. Thank you, WatchFIRSTNow, for complying with our request. That said, I would recommend the permanent closure of this thread. These posts are full of harsh insults and personal attacks, and I doubt anything positive will come of it in the future other than pointless arguments over 'facts' the people can't agree on. However, if anyone has constructive suggestions for how to improve WFN or archiving in general, I'm sure it would be gladly appreciated, but perhaps just PM those in charge or start a new separate thread for it instead of continuing this black hole. Thank you to everyone who provided their opinion in the prior posts. |
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OK folks, nothing to see here, just move along now.
I just love happy endings :) |
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OK... I tried to avoid commenting on this whole thing, I really did. At this point I need to say something. Many of you go through engineering school, and would be devastated if somebody took everything you worked hard to create and put it under their name. Well, I went to film school, and I can tell you that what is happening when you steal someone's video (youtube or not, educational or not) you are doing the same thing as someone who would steal an item or idea an engineer created.
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While I applaud people for donating their footage, and WatchFIRSTNow for removing the footage they basically stole, some people make a living on film and it shouldn't be assumed that everyone wants their footage included. The next time you steal a video take a minute to realize that you stole from a human being, you took their work, put your name on it, and went on with your day while they are stuck wondering why they are losing viewership. -Kelli |
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So have we forgotten about this issue yet? There's still tons of un-original content, without citation or a link back, still with ads.
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Thread is being closed as per requests.
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Sorry to revive this thread however Team 1678 has just realized that our webcast archives were added to WatchFirstNow. The match videos we posted to our YouTube channel from Inland Empire and Sacramento Regionals were reuploaded on the WFN site.
Our students put in significant effort to effort to develop our live streaming system, uploading match videos to YouTube, and adding them to The Blue Alliance. Seeing them added to the WatchFirstNow website without our permission and without attribution is very troubling. We are concerned with the loss of views and lack of recognition for the content that we put significant effort into creating and sharing with the FIRST community. We would like to our footage removed from the site. Who can we contact to request this? |
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As an author, I see my work pirated online all the time. Even items I have on Amazon for free, even my editing blog (which of course anyone can read)--used without my permission elsewhere.
Even with attribution, taking this work (which is copyrighted by virtue of the fact that I created it under US law) and putting it elsewhere throws off all kinds of metrics from Amazon rankings to blog page views--which hurts my publicity and place in search engine algorithms. The same is true of a YouTube video; and it doesn't really matter whether or not any harm was intended, or whether or not you believe it's significant, or what-have-you. A general rule of life is to not use other peoples' work without their permission. |
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(cue the heavy dripping sarcasm) |
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