Sony Lifts 'Last of Us' Copyright Claims - But Why? (VL226)

The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown and copyright claim extravaganza concludes (?) as we once again look into the case of YouTuber HeelvsBabyface (and compatriot JustSomeGuy), who has had the copyright claims placed against him lifted, not even two days after Sony rejected his dispute and looked like they were going to take the process all the way to the end of the line.

But is this a victory for the content creators...or something else?

Sometimes the other side doesn't do what you expect...in Virtual Legality.

(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from:
“The Last of Us Part II | Release Date Reveal Trailer | PS4”
YouTube Video – September 24, 2019 – PlayStation Europe

#TheLastOfUs #Copyright #Takedown

***
Discussed in this episode:

"Sony DROP Copyright Claims on The Last of Us Part II Leaks Video!!"

"I sent YouTube that video. That may be one of the reasons the video went live."

"Sony DROP Copyright Claims on The Last of Us Part II Leaks Video!!"
YouTube Video - May 15, 2020 - HeelvsBabyface

"Sony’s New Strategy? Have YouTube Run Out the Clock (VL224)"
YouTubeVideo - May 14, 2020 - Hoeg Law

""Dispute a Content ID claim"
YouTube Help Page

"Submit a copyright counter notification"
YouTube Help Page

"I sent a counterclaim on May 4th - I've heard nothing back."

"[Naughty Dog] just hit [Geeks and Gamers] with a Digital Millennium Copyright Act (DMCA) for a meme!"

"Naughty Dog Has Hit Me With 21 DMCA Takedowns..."

***
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

***
Twitter: @hoeglaw

PODCAST VERSIONS ALSO AVAILABLE

[HoegLaw]

Sometimes the other side doesn't do what you expect...in Virtual Legality.

[LazyDIY]

I agree with you that I don't think Sony is afraid of HeelvsBabyface or Just Some Guy in particular. I think Sony is worried about Youtube adding a "Boy who cried wolf" clause to the TOS that would specify limits to false DMCA claims. That would suck for Sony if they had a legitimate DMCA grievance down the road and everyone knew it was open season on Sony IP.

[aquapendulum]

Just Some Guy and Heelvsbabyface should still sue for perjury anyway. There's not even the chance of setting any precedence for that course of action. Claiming copyright ownership for content you don't have rights to is perjury. There are 2 outcomes that could play out in court:
- Sony doesn't respond, which lands the default judgement in favour of the plaintiffs (JSG/HvBF).
- Sony lies in court, thus the perjury charge sticks as soon as discovery happens.

[tazjam]

Wholly appreciate your coverage of all of this. So many of us have learned quite a bit about copyrights, how to properly cover copyrighted material, when to fight, when to realize we are wrong and the copyrighted material we are using is and is not fair use.
It's so great when people can both be informative and entertaining and you've done a fantastic job of that, sir!

[Koraxbear]

I would love to see someone, either on their own or crowd sourced, take it all the way to the courts to show a precedent so that if a company is tempted to do this again then they would be discouraged to do so. Sony has made my boycott list and many others I feel are to follow suit, this campaign of playing for time is just backfiring and aliening their potential customers.

[Katie-hbiq]

You know what's funny? I have no idea what The Quartering even is, but the fact that they got 21 dmca takedowns as a result of this makes me want to check out their channel - a channel I and many others would never have known about. This is just doing Sony so much harm.

[Slwtr]

If Sony doesn't want that precedent out there, it *needs* to be made all the more.

[DeusVoltt]

Sounds like Lead Counsel got back from vacation.

[icthulu]

Glad Just Some Guy found you. Your videos are valuable and I shared a link to your channel on one of his videos. Not sure if that helped, but glad things turned out this way. Keep up the great educational content.

[markdeluccia]

Found your channel when all this started. Enjoying this coverage. Great work!

[digikpkm]

What I love is that AJ did a video talking about ALL of those leaks and they are afraid to strike him... the video has more than a million views, no point on doing any of this

[devilsxdancex]

I'm a bit pessimistic, and even though I would like to believe these companies developed some understanding of the Streisand effect, I think they'll strike the channels again. I believe that some guy had a claim removed from a video and then before 24 hours passed it got claimed again. Perhaps they'll strike again and try to run out the clock until the game is released. 🤷‍♀️

[petervansan]

"What the heck are you doing.... underling!" LMAO

[ThomasAndresen]

I think these bigger YouTubers should talk with their lawyers about litigating against Sony regardless. I don't think it should be quite that easy for Sony to avoid the possibility of a fair use precedent. Someone *will* need to prove to the courts that these giant corporations need a strong deterrent from abusing the laws to get their way.

[MegasXaos]

HealVsBabyface already predicted that as well, especially once he saw the emails Ryan Kinel and Geeks and Gamers got with specific timecodes to remove.

[bstiff]

This was done to delay people knowing about the game try to get all the pre orders sold now that its near launch they don't care no more

[Acerthorn]

Haven't seen the video yet, but going off the title ... maybe they had a similar conversation to that which you and I had the other day, about a potential class action lawsuit for interference with a business? I mean ... Heel vs Babyface has over a quarter million subscribers, so he can probably afford to take the fight to Sony rather than simply play defense, and that class action lawsuit would set a dangerous precedent against would-be copyright abusers, so it's obviously a judgment Sony wants to avoid.

[kevinbs]

Can you send a cease and desist letter to a company abusing dmca claims to tell them to stop claiming it?

[milton]

Let's see...they got caught, exposed and now comes damage control. Bad moves Sony and Bad Dog...bad moves.

[NitwitsWorld]

I've been thinking about what Sony and through its proxy, Muso LTD has done here, and I have reached a conclusion. For the first time that I can think of, we may have an actual violation of Title 18 (US Criminal Code), Section 241. Conspiracy against rights. This one is the less sexy version compared to section 242, which deals with race and gender. Section 241 predates the Civil Rights Act, having been passed in 1948. Its been since ignored as the sexier 242 was far more explicit and dealt with what was at the time the pressing issue of race.


The full text of the statute reads as follows.


*If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or maybe sentenced to death.
*


*Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime.
*


So why is Sony in trouble? Because for the first time ever we have the perfect storm. Two separate legal entities, Sony and Muso TNT ltd working in concert towards the same goal. Suppressing the speech of anyone bringing up the naughty dog leaks. We know for a FACT they are working in concert because both Muso and Sony itself have been cited as the declaring parties of the various storm of DMCAs. Even here at YouTube. So we know that the two are working together. They have said so. Worse, they are doing so under the Color of the Law, via the Copyright Act and the DMCA provisions. I have wondered for some time just why it is Sony is using a Britbong shell company to do its dirty work, and I have come to realize its because no American lawyer was willing to do what they wanted them to do. This sort of thing could literally get them disbarred. So Sony had to go abroad and bring in some British scalpers to do its dirty work in America.


Which comes to the true crux of the matter. Unlike Prior fraudulent DMCA takedowns, this one was nonspecific. They did not go after one guy like most DMCA sheisters. They went after everyone and ANYONE talking about the naughty dog. And the talking about is key, because even videos that showed no Sony property and were just discussing the matter were struck utilizing the authority of federal law. This means we can show through a massive preponderance of the evidence that the goal was not securing their intellectual property under the Copyright Act. It was to use the Copyright Right act to shut down speech Sony had deemed counter to its interests.

In essence, Muso and Sony conspired to deprive through threat and intimidation persons of a state, territory, possession, or district of the United States the free exercise and enjoyment of their first amendment rights secured by the constitution and laws of the United States. In violation of Title 18, Section 241. It's no accident then that Sony of EUROPE and some bottom-feeding London Lawyers did this. This is honestly something worth bringing up with a US Attorney, who unlike a rando internet youtube sperg, has the resources to take on something as large as Sony.
As the primary issues have occurred on youtube, this governing Federal District would be the Northern District of California. Anyone affected should go there, or roll the dice and try and call them.


Additionally, if anyone effected is in New York, the Southern District of New York would be your go too. Even better, they actually have a reporting function.


But my personal favorite would be the Eastern District of Virginia.


If any YouTuber is in their area, definitely go to them. This district has the most experience in civil rights issues and international shenanigans. It's also the least likely one to look favorably on business and big tech when it's involving it.

When you contact them, make sure it's clear that YOU are the victim, and the law that has been violated. Rando spergs spamming them won't help. If any US attorney deigns to descend from his (or her) ivory tower, it will be for a US person, who concisely claims someone did unto them in violation of US law. Going to the trouble of showing up in person greatly raises credibility incidentally. They get a ton of nonsense from the internet. Very few people actually go to the trouble of actually going there and putting pen to paper.