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Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

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Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#11

Post by madcow00 »

michaelt wrote: post #9

The 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] htt…

"Never attribute to malice that which can be adequately explained by stupidity". I don't think the makers wanted to create a controversy -- especially on a sensitive issue like sexualisation of minors. This was more of a disregard on their part.

Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#12

Post by User23 »

verroq wrote: post #6
saurik wrote: post #5

Earlier quoted context omitted.

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.

Juries don’t like awarding them. The cases you hear about are newsworthy precisely because it’s so unusual.

Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#13

Post by sigzero »

bhaak wrote: post #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 A…

You would probably be surprised that the majority of people don't know that.

Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#14

Post by User23 »

bhaak wrote: post #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 A…

The first amendment doesn’t grant those rights, it merely enumerates and protects them. Just because it isn’t necessarily illegal doesn’t mean rights aren’t being violated.

Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#15

Post by dlgeek »

judge2020 wrote: post #3
blendergeek wrote: post #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?

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.

Could just file a counter-claim.

Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#16

Post by ReptileMan »

bhaak wrote: post #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 A…

(Mis)using the law to suppress speech is violation of First Amendment rights since it is the state apparatus and power that is behind and so on by the law.

Unfortunately the only way to claim fair use is trough courts.

Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#17

Post by lewiscollard »

bhaak wrote: post #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 A…

> 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.

Except Netflix is using a DMCA takedown request, a legal instrument, to remove the disputed content. I don't think it's reasonable to completely write that off as "Twitter is a private company, First Amendment doesn't apply".

Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#18

Post by cutitout »

michaelt wrote: post #9

The 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] htt…

The show is criticized for being essential erotic material for pedophiles, filled with up close shots of bums and panties of children. The American poster comes closer to that, but is still tame compared to the actual content, which is what this is about.

> And it's worked, in a sense: It wouldn't be on the front page of HN otherwise.

Compared to other stories, this one is already being penalized, and the top comment (yours) is about a total red herring. Ever since Elsagate I am just in awe at the collective ability to look the other way.

Re: Netflix Targets Critical ‘Cuties’ Tweets with Copyright Takedown Requests

#20

Post by Wowfunhappy »

michaelt wrote: post #9

The 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] htt…

This got to the front page of HN because they're specifically using the DMCA against opinions Netflix dislikes. I don't think it has to do with the show specifically.
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