Youtube Account Suspension
In July 2009 the Punkcast YouTube channel was briefly suspended after a DMCA claim by Richard Hell over a segment of him talking about a new record. Hell recanted when he was made aware of the ramifications of his actions, and withdrew the claim, and the segment was deleted. MacFie said "I appreciate the irony of the DIY site punkcast being taken down by arguably the originator of punk style using entirely establishment means." Hell explained to MacFie, "I just wish you would ask me before you post clips of me... if there's anything I can do to support your reinstatement at Youtube, I'd be happy to do it".
MacFie added:
While there might be some validity to your idea that all punkcast style DIY public video should be subject to pre-approval from the subjects it's not practical and, I would suggest, a top-down concept that was one of the shibboleths that punk destroyed back in the day. The ability of the music business to control the public agenda was destroyed as new technology permitted the production of fanzines, badges, mixtapes, etc. Eventually a hybrid compromise was reached which has still yet to be encoded. Savvy artists have come to understand that what's coming up at them from the users is as valid and useful as what's being dumped down. If artists actually were required to approve the 'up' material that very approval would invalidate it's dodgy essence.Hell responded:
I have complicated feelings about artists' rights to their works and their "image." Too complicated to try to go into here. But I have no hesitation in saying that it speaks badly for Joly's whole sense of decency and his concept of rights to privacy for him to publicly print a personal email I sent him. I had sympathy with him, and I'm glad to be able to see the band appearances he videos, but this publication of private email is a giveaway. A person who can do that is in no position to get righteous about other people's stances regarding intellectual property. It's creepy and wrong (and illegal) for him to publish my private message without asking me. He should have paraphrased it or sought my permission. My point, obviously, isn't that there's anything I said in the email that I wish to hide, but, rather, that Joly, if he were anything like as righteous as he portrays himself, would have instinctively known he should ask me before publishing my private email. This whole article is done in bad faith, thanks to Joly, (and Brooklyn Vegan should remove it) because a simple email to me could have cleared up what happened, which is nothing like the way Joly portrays it.MacFie responded:
Well, the fact is - this story went up well before I received the response from Richard. I felt it incumbent to make the response public, as a lot of people were already saying nasty things... From correspondence I've had from him since (and which I've hitherto kept to myself) it is evident that he has not learned from the experience - he intimates that, while letting me off the hook because I'm on "thin ice", he will continue to serve DMCA takedowns on all and sundry that he disapproves of. Fact is, with this 3 strikes rule and Viacom/Warner DMCA blanket bombing - every YouTube user is on thin ice. I'm sure we've all seen great channels go down the (excuse me) tube.Read more about this topic: Punkcast
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