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Police officer plays Taylor Swift song to keep a video off YouTube

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Re: Police officer plays Taylor Swift song to keep a video off YouTube

#121
post #89

Earlier quoted context omitted.

What is BD in this context?

I assume blu-ray disc https://en.wikipedia.org/wiki/Cinavia

I am surprised I never heard of this before. It's a watermark not a fingerprint. The audio would have a watermark embedded in it, and if the player finds the watermark it requires the disk to have encryption. That would be pretty neat if it wasn't awful.

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#122
post #57

Earlier quoted context omitted.

No, that is video evidence of a police officer admitting to one count of willfully concealing a video recording during an investigation with the intent to prevent its content from being discovered which, if I am reading California Penal Code 135 PC - Destroying or Concealing Evidence [1] correctly, qualifies as a misdemeanor punishable by 6 months in jail. [1] https://www.shouselaw.com/ca/defense/penal-code/135/

Not sure I agree with you, reading the opening lines of the code, "that you know to be relevant to a trial, police investigation or other legal proceedings." No trail or police investigation happening means interfering with the video isnt illegal.

I agree that is the weakest element. Applicability largely hinges on what qualifies as a “police investigation” or “legal proceeding” which I have been unable to get a clear answer on. But, from a layman’s perspective, it seems like a police interaction which may lead to a use of police powers either should count or our legislative bodies should change the law to make it count as that appears to be in line with the spirit law to guarantee that all pertinent evidence to a crime be discoverable.

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#123
post #38

Earlier quoted context omitted.

I'm not sure how it being recorded makes a difference. If I'm listening to a CD and someone walks up and starts filming me, would I need to stop listening to it because the filmer might post it on youtube?

But thats not what happened. If you knew you were being recorded, had reason to be believed it would be broadcasted and your stated intention was to turn that otherwise normal and non-infringing broadcast into copyright infringement, ya, you might have an issue with the courts.

Taylor Swift and her record company would be the plaintiff in a copyright case. They cannot claim harm here.

It's simply not a copyright case. If there is a law on the books that says that cops can't use sneaky methods of avoiding accountability, then that's a court case. The public is harmed, not the owner of the content.

Better yet, the cop should just be fired for doing something that is clearly against the public's interest, making the department look bad.

But this is not a copyright case.

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#124

Do people not remember that you can post copyrighted music on youtube? it’s generally allowed. They just get any money from it.

Rights holders have automated the DMCA take down process on platforms like YouTube.

Depends on the rights holder. I have a random 43-second clip from Cyberpunk 2077 with some jazz playing in the background uploaded to YouTube. Within minutes of uploading, UMG made a copyright claim on it, meaning that YouTube can show ads on my video despite my channel not being monetized and UMG will get that ad revenue. However, it doesn't actually impact my channel's standing in any way. And I guess a side benefit is that you can actually listen to the full track by clicking the automatically added link in the description.

It does allow me to either mute or replace the song if I don't want UMG claiming my video, but most likely it will just completely destroy the audio in the entire video.

(https://youtu.be/7_C14lT4Tzw if anyone's actually curious)

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#126

Earlier quoted context omitted.

It would be hilarious (and also poetic justice) if Taylor Swift (or whomever the copyright holder is) sued the Alameda County Sheriff's department for copyright violation and demanded maximum statutory penalties. EDIT: Bummer, it looks like this route is not available to the copyright holder, since states have sovereign immunity against copyright infringement claims. See _Allen v. Cooper_, 589 U.S. ____ (2020).

It would be poetic justice of a kind, because I'll bet that they find a cop playing music for himself, even while interacting with others is probably not breaking copyright, whereas the person filming and publishing the situation probably is, i.e. an attempt to 'press' the police would end up more than likely just affirming the situation with a specific judicial ruling. It'd be interesting to see how a judge ruled ho…

"...whereas the person filming and publishing the situation probably is..."

I would expect most judges to take a very dim view of that argument.

Youtube's algorithms, however, will do what they're written to do...

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#127
post #3

Would be simpler to simply play 4’33” on a continuous loop. For those who’d not know the song: https://en.wikipedia.org/wiki/4′33″

I don't think it would be possible to verify this when making a copyright claim. But along these lines, if you could play a loop of audio that would not be recognized by people around you or not recognized as music but could be recognized by an algorithm, then you could use this strategy without anyone knowing.

YouTube striked white noise with a copyright claim: https://www.neowin.net/news/youtubes-algorithms-strike-white...

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#128
post #101
post #79

Earlier quoted context omitted.

Ever heard of the first amendment?

The OP said the cop was harassing them… the only harassment appeared to be coming from the crowd.

Point being, cops aren’t actually allowed to retaliate, or stop you from filming them, just because they don’t like what you’re saying. They are required to let you speak and film.

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#129

Earlier quoted context omitted.

I don’t think so because the officer isn’t posting the video online. Unless you think it violates copyright to play music in public spaces.

> Unless you think it violates copyright to play music in public spaces. Generally, yes: https://www.law.cornell.edu/uscode/text/17/106 ---begin quote--- 17 U.S. Code § 106 - Exclusive rights in copyrighted works Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonoreco…

Courts would never in a million years call this a copyright violation. If it was, anyone walking down the street playing music would be violating copyright.

Copyright law has a lot of subtlety and courts have to make reasonable decisions. Considering this a violation is not in any way a reasonable decision. Taylor Swift and her record company are not harmed.

Others probably are harmed (the public), but that isn't a copyright thing.

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#130
post #111
post #48

Earlier quoted context omitted.

It wouldn't. It's impossible. People want unconstitutional things all the time though, and sometimes they even make them into laws. Then they go to the SCOTUS and lose. But you can do it.

> People want unconstitutional things all the time though, and sometimes they even make them into laws. Then they go to the SCOTUS and lose. And there's no penalty for it, either. You get to suppress whatever you want for however long it takes to reach the Supreme Court, and if the law gets struck down, well, at least you stopped those abortion clinics/gun owners/protesters/whatever for 5 years and you can push throu…

My personal "favorites" have been some of the abortion ban laws that know they're unconstitutional but are passed and sit there "pending the overturning of Roe v. Wade".

Like, bro, you made an illegal law and you know it because you said "this law is illegal...for now."

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