Was Null DMCA'd properly? IIRC there is actually a "proper" way to DMCA for it to "count". I believe you need to cite the location of said file, the name or some other clear identification method of the file, as well as evidence that it is, in fact, your copyright. Null gets away with so much for three primary reasons:
- He rarely does anything illegal, or even in the grey zone. Actually, I don't know of anything illegal Null has done, but I am sure he's like... Jaywalked or something. Grey zone, it happens occasionally with things like what is in https://kiwifarms.net/archive/, but not aware of anything strictly illegal.
- Most the people going after him are incompetent and can't follow procedure correctly. As far as the law is concerned, you either do your paperwork correctly or it doesn't count. Most these fuckers don't like that.
- They often never follow through with their threats. In the rare case someone might have a proper case against Null, they just don't follow through.
Now I
did decided to check
Forums>Interior>Take that off the god damn Internet!
for something that concerned such things (Russell is far less active than I would've liked, just because it was a lack of milk) right before I hit the button to post this just out of curiosity, and man, will this provide a fun single post recap of some of Russell's previous interactions with Null. So for all of you who don't want to dig through this thread, I will run down it all for you in a nice way so you can follow what is going on with this detail, since I know barely any of you read the OP and even less read the entire thread, and this whole situation is a mess. Even those of you who have done so have likely forgot quite a bit of it, even if you were there when it was first being discussed, just because Russell does so fucking much crap in general, so let's cover his history of emailing Null to find out how his DMCA takedown attempts went:
- 2018-02-03 - Russel Greer: "Remove my book" - This is the oldest instance of Russell Greer emailing Null from my search, and is improper, though in theory could be called a "DMCA takedown notice" in the loosest sense. In the same way Russell is a "Women's Rights Activist" with his PAC in the loosest sense. He also is trying to swing the "I told on you!" card with the line "There are already three law enforcement agencies investigating you for electronic harassment." Shows how Russell thinks, eh?
- 2018-08-05 - Russell Greer: "Final Cease and Desist" This is just funny to me. This is very much a "A cop said I was right and they are an authority so now you need to listen to them!" type email, and Lorin O'Landry tells him he's wrong. It reveals a bit about Russell's character he's still trying to use the words of an authority to get his way.
- 2019-04-18 - Russell Greer: (Incomplete) DMCA Takedown Notice - This could've been the one. However, Null is, to my own understanding (IANAL) correct, he couldn't action them without linked posts. Furthermore, Russell said "two people told me so it must be true", and then decided it wasn't his problem to solve it, and Null had to do the investigation, which, frankly, isn't how this works. Now I will say Null's response was unprofessional and ill-advised for such a legal discussion, but not illegal, nor would it impede his safe harbor in anyway other than maybe a judge deciding Null was an asshole. I will however right here call out @Null for breaking a core tenet of this community. We do not spread misinformation. Russell Greer is not a cuck, because Russell Greer is not married, as he is incapable of attracting a woman short of paying her to suck him his penis. However you are right that he's a retard, as his actions consistently show his low intelligence. You are not above being called a faggot for spreading misinformation Dear Leader... So yeah, you're a faggot. Seriously though, you were too nice to the gimpyfaced incel (And yes, hiring a prostitute still makes you an incel).
- 2019-04-28 - Russell Greer: After 2 weeks in development, hopefully, it's been worth the weight - This is a proper clear DMCA notice, everything seems up and up, and Null responded professionally (short of the "try me" response at the end). I would also argue Null is right in his ruling of it being fair use in this post, though I could maybe also see a case for too much of it being included for it to count as "just enough to give proper critique" (but once again, IANAL). It appears Null had reverted decision since, though he did waiver Safe Harbor in his response initially. Now since the song has been taken off of Kiwifarms from what I can see (I didn't see any evidence of the file going back a few pages nor forward from where the actual notice claims it was, nor did the link take me to any exact post), I will provide a link to an authorized place where you can listen to it without providing Russell Greer with any appreciable income for free over on Spotify. Though I want to also point out, Null could've maliciously complied with Russell Greer, sent a notification to the email address connected to the concerning account, and tell them they can file a counter notice, send that counter notice to Russell Greer, which would then force him to have to either sue that person or concede the post. Null standing up for his users and claiming responsibility was by far a more entertaining result however.
It took Russell Greer THREE attempts to properly file an actionable DMCA takedown notice, and then he received a perfectly reasonable and professional response on why Null did not decided to comply, as well as pointing out that one portion of the notice did not apply to him, as it concerned Google being the host of the offending material (
that link is still good BTW, so Russell clearly never attempted to contact Google over it). Not only that, but the proper filing actual involved him using a template for such an email that he presumably found using Google, in particular
this template found here.
Now, Russell
may have had grounds concerning how much of the song was really needed for the critique, and how whether or not a full song upload was necessary, heck I like to believe Null would've even agreed to takedown the file based on such a reasonable argument. If only for the novelty of a cow making a reasonable and sound argument against it being fair use, and if not, well Russell Greer is absolutely within his rights to take Null to court over the dispute of if it qualified as fair use for purposes of critique or not and set some more precedent for such things. Yet somehow, Russell Greer has fucked everything up so badly he might actually lose that point.
Now this is all deserving of clocks since it is super late (well over 2 years old at the most recent, and over 3 years at the oldest), but it does show us what all of this is really over. Russell is throwing a tantrum and whining to authorities, again. I think all is left to say is...
Rubrics Kiwis, laugh with me! as this gimpyfaced
cuck incel fails to do anything right. Even when someone spells it out for him.