"I expect most of you will have heard by now (especially those who have been following the Highgate ‘vampire’ saga over years) that the current video from the Highgate Vampire Symposium 2015, 'The Vampire Theory' Part 2, was suspended by You Tube recently following a complaint made by one Sean Manchester again myself for ‘copyright infringement’. [Seán] Manchester insisted that he had undertaken Court action and demanded the permanent removal of this session while Court proceedings were pending. This would have a perfectly reasonable request . . . if true. The only problem was – it wasn’t! While it is true that [Seán] Manchester made the complaint cited above, it is NOT true that [Seán] Manchester had instigated any legal action to substantiate his complaint against myself and was therefore unable to supply any evidence to YouTube to the effect he had done so. Accordingly, the video was restored on December 10th and people are now able to view it." - David Farrant (19 December 2015)
Seán Manchester made no claim whatsoever that he had "insisted that he had undertaken Court action and demanded the permanent removal of this session while Court proceedings were pending."
Farrant's allegation is preposterous nonsense. The only action Seán Manchester took was to issue a DMCA in view of copyright material from the British Occult Society's archive being published in the video without the consent of the lawful copyright holder. And that is all Seán Manchester did.
The entire video was taken down. Seán Manchester would have been content with just the portion where illicit material appears being excised. YouTube made the decision to take down the entire video. Farrant then made a counter claim to YouTube even though he is not the copyright holder.
This is what Seán Manchester received from YouTube:
"We have received the attached counter notification in response to a complaint that you filed with us.
"We're providing you with the counter notification and await evidence (in no more than 10 business days) that you've filed an action seeking a court order against the counter notifier to restrain the allegedly infringing activity. Such evidence should be submitted by replying to this email. If we do not receive notice from you, we may reinstate the material to YouTube.
"If you have any questions, please contact copyright@youtube.com
"Display name of uploader: David Farrant
"The video does not contain material which was or is known to me to be copyright of Mr. Sean Manchester. I request that further info is supplied ASAP re: the alleged copyright breach. I can supply copyright info, as known at the time of publication.
"I swear, under penalty of perjury, that I have a good-faith belief that the material was removed due to a mistake or misidentification of the material to be removed or disabled.
"I consent to the jurisdiction of the Federal District Court for the district in which my address is located or, if my address is outside the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant.
"David Farrant
[House number DELETED by B.O.S.]
Muswell Hill Road
Muswell Hill Road
London, London N10 3JE GB
[Email DELETED by B.O.S.]
[Telephone number DELETED by B.O.S.]"
Seán Manchester replied to YouTube:
"Regarding the New Copyright Counter-Notification:
"David Farrant, the person responsible for the video infringing my copyrighted photograph, does not claim that he is the lawful copyright owner of the image in dispute.
"David Farrant, the person who has infringed my copyrighted photograph, does not claim that he knows the lawful owner of the image. If he does make such a claim, I have not been advised who he attributes it to.
"David Farrant, the person who has infringed my copyrighted photograph, does not claim that he was given consent to use the image. If he does make such a claim, I have not been advised by whom.
"Nobody appears to be actually disputing the fact that the photograph is my property. Indeed, recently published statements on the internet made by David Farrant capitalise on the fact that the photograph does belong to me.
"I issued a DMCA for copyright infringement of my picture. Farrant issued a counter notification in which he merely states that it was unknown to him at the time that I am the copyright holder.
"I see no evidence of any copyright information he might be alluding to in his notification, but one thing is certain: David Farrant is not claiming that he is the lawful copyright holder. Whereas I am.
"In view of the above, how can my DMCA be cancelled and the video containing my photograph be restored on the say-so of someone who admits elsewhere that I created the photograph and does not lay claim to its ownership?
"Sincerely,
"Seán Manchester"
YouTube did not respond Indeed, nothing further was heard from them and the video was restored when the ten days expired.
Not quite "[Seán] Manchester insisted that he had undertaken Court action and demanded the permanent removal of this session while Court proceedings were pending," is it? Once again, David Farrant demonstrates that he is a pathological liar who is willing to steal and perjure himself.
Julianus Maximianus commented on 7 February 2016 at 23:35:
ReplyDelete"I've only just stepped into all this. However I have a fair understanding of YouTube and it's broken system. It's well known by most users of the site that the videos in question are not at all viewed by an actual person and that anyone with any understanding of algorithms can manipulate the system to their own ends. YouTube uses algorithms in these situations, although they claim otherwise. You now know yourself, that no human being actually reviewed anything. A simple algorithm decided the out come. Once the counter claim was sent, the algorithm (or bot) decided to put the video back up. There is nothing you can do in this situation unless you're willing to be dishonest and exploit the algorithm with key words and phrases that it searches for."
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