Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
1–10 of 161 posts
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#2> Legally the company is allowed to do this of course, as they own the rights.
Isn't this textbook fair use? Nothing about these clips being shared on Twitter replaces the viewing experience of Cuties. The tweets are definitely transformative and provide a critique of the film. Doesn't copyright law explicitly permit this use of copyrighted works?
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#3> Legally the company is allowed to do this of course, as they own the rights. Isn't this textbook fair use? Nothing about these clips being shared on Twitter replaces the viewing experience of Cuties. The tweets are definitely transformative and provide a critique of the film. Doesn't copyright law explicitly permit this use of copyrighted works?
Unfortunately the only way to be "sure" (it's obvious fair use) is to go to court over it unless Twitter wants to be liable for these users' content by not honoring these takedowns.
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#4Crap like this will continue to happen until we can figure out a better copyright and IP framework.
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#5> Legally the company is allowed to do this of course, as they own the rights. Isn't this textbook fair use? Nothing about these clips being shared on Twitter replaces the viewing experience of Cuties. The tweets are definitely transformative and provide a critique of the film. Doesn't copyright law explicitly permit this use of copyrighted works?
Unfortunately the only way to be "sure" (it's obvious fair use) is to go to court over it unless Twitter wants to be liable for these users' content by not honoring these takedowns.
And the punishment to Netflix once you win in court is just damages (good luck showing any actual serious large damages here) and legal costs... there should be a massive fine and a loss of DMCA Section 512 expedited takedown privileges if you use it incorrectly.
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#6Earlier quoted context omitted.
Unfortunately the only way to be "sure" (it's obvious fair use) is to go to court over it unless Twitter wants to be liable for these users' content by not honoring these takedowns.
And the punishment to Netflix once you win in court is just damages (good luck showing any actual serious large damages here) and legal costs... there should be a massive fine and a loss of DMCA Section 512 expedited takedown privileges if you use it incorrectly.
Punitive damages is a thing.
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#7> Finally, as we hinted at before, even if Netflix is legally allowed to remove the Cuties trailers and clips from Twitter, that doesn’t make it right. It seems that the people who were targeted have a clear fair use defense.
What is it now? Either Netflix is legally allowed to act like this or the twitter users are legally allowed under fair use. It can't be both right, can it?
> “Is a clear violation of our First Amendment rights,”
I wonder if he has ever read the First Amendment.
The First Amendment deals with the government, not private companies. If this were true, every user blocked from Twitter, Facebook, or Reddit could take those companies to court for violating the First Amendment.
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#8> Legally the company is allowed to do this of course, as they own the rights. Isn't this textbook fair use? Nothing about these clips being shared on Twitter replaces the viewing experience of Cuties. The tweets are definitely transformative and provide a critique of the film. Doesn't copyright law explicitly permit this use of copyrighted works?
Not only is it textbook fair use, this is exactly why copyright law has a fair use exemption. It does not exist for you to selectively manipulate the public commons by removing only negative reviews that happened to use small snippets of the original material. This is why reviews are protected.
The DMCA is a bit broken this way; in theory it's balanced by the ability for these people to counternotice but in practice that's taking on an absurd amount of liability on a consumer to do so, so only a very foolhardy consumer would ever do it and it may as well not exist.
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#9The changes between the French and American posters for 'Cuties' [1] seem like a pretty obvious attempt to manufacture controversy under the "no such thing as bad publicity" approach to marketing. And it's worked, in a sense: It wouldn't be on the front page of HN otherwise.
If Netflix have got more controversy than they intended to, this seems like a pretty clear case of play stupid games, win stupid prizes.
[1] https://www.google.com/search?q=cuties+french+vs+american+po...
Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests
#10> Finally, as we hinted at before, even if Netflix is legally allowed to remove the Cuties trailers and clips from Twitter, that doesn’t make it right. It seems that the people who were targeted have a clear fair use defense. What is it now? Either Netflix is legally allowed to act like this or the twitter users are legally allowed under fair use. It can't be both right, can it? > “Is a clear violation of our First A…
[deleted]