Splice DMCA strikes @TopMusicAttorneyfor reading terms of service to censor LEGITIMATE criticism 🤦
Summary
TLDRIn this video, host Lewis Rossman discusses the challenges of dealing with the music industry, particularly the misuse of copyright strikes and defamation suits by companies to silence critics. He highlights the case of a music industry attorney who received a copyright strike for analyzing and critiquing the terms of service of a company called Splice. Rossman demonstrates the ease of accessing Splice's 'proprietary' agreement to argue the absurdity of the claim, advocating for fair use and open dialogue over legal intimidation.
Takeaways
- 😀 The host, Lewis Rossman, is frustrated with a ceiling fan that requires an app to operate and decides to replace it.
- 😡 Lewis discusses the issue of companies filing false defamation suits or DMCA strikes to silence criticism.
- 🗣️ He emphasizes the importance of responding to criticism and winning the 'Battle of Ideas' through dialogue rather than censorship.
- 🎵 The video focuses on the music industry, specifically the legal issues surrounding the use of samples and licenses.
- 📚 Lewis mentions his experience working at Avatar Studios and his observations about the music industry's legal practices.
- 🤔 A music industry attorney scrutinizes Splice's terms of service and certified licenses, finding them misleading and confusing.
- 🚫 The attorney receives a copyright strike for her video critiquing Splice's terms, despite her professional analysis and fair use of their documents.
- 💬 Lewis invites companies to engage in honest conversations and debates rather than resorting to legal threats to silence critics.
- 💳 He demonstrates how to sign up for Splice using a virtual card for privacy and security, highlighting the ease of accessing their proprietary agreements.
- 📝 Lewis downloads a certified license from Splice to show that it is readily available and not a secret document, challenging the basis of the copyright strike.
- 🤬 He passionately argues against the misuse of copyright laws to suppress valid criticism and encourages companies to face their critics directly.
Q & A
What is the main issue that Lewis Rossman is addressing in his video?
-Lewis Rossman is addressing the issue of companies, particularly in the music industry, filing false defamation suits or DMCA strikes against critics who point out misleading or confusing terms in their contracts or terms of service.
Why is Lewis frustrated with the ceiling fan in his video?
-Lewis is frustrated with the ceiling fan because it requires an app to operate, often doesn't work properly, and beeps at him, which he finds to be a 'royal pain in the ass'.
What is Lewis' approach to dealing with online criticism and negative comments about him?
-Lewis chooses to respond to critics and engage in discussions rather than filing defamation lawsuits or trying to remove their posts. He believes in winning the 'battle of ideas' through open conversation.
What is the 'Streisand effect' mentioned by Lewis?
-The 'Streisand effect' refers to a phenomenon where attempts to suppress or censor information end up drawing more attention to it, thereby increasing its visibility.
What is the music industry attorney's issue with Splice's terms of service?
-The music industry attorney found Splice's terms of service to be misleading and confusing, particularly regarding the transfer of agreement rights, licensing of samples, and the duration of access to certified licenses.
Why did Splice issue a copyright strike against the music industry attorney's video?
-Splice issued a copyright strike against the attorney's video because she read and analyzed their terms of service and certified license, which they claimed to be proprietary, and they considered this a violation of their copyright.
What does Lewis suggest as an alternative to filing false DMCA claims or defamation suits?
-Lewis suggests that companies should engage in honest conversations and debates with critics, addressing their concerns and providing clarifications rather than resorting to legal threats to silence them.
How does Lewis demonstrate the accessibility of Splice's certified license in his video?
-Lewis demonstrates by creating an account on Splice, adding sounds to his library, and generating a certified license, showing that it is not a secret or proprietary document as claimed by Splice.
What is Lewis' stance on the use of his videos by others?
-Lewis is generally fine with others using his videos but draws the line at them falsely claiming authorship or pretending that his repair videos are their own.
What advice does Lewis give to companies that receive criticism online?
-Lewis advises companies to respond to criticism with facts and evidence, to engage in open dialogue, and to accept that people have the right to criticize and express their opinions.
What does Lewis propose as a consequence if Splice tries to DMCA claim his video?
-Lewis dares Splice to try and DMCA claim his video, implying that he is ready to stand up against such actions and suggesting that it would not be a wise use of their resources.
Outlines
😤 Frustration with a Smart Ceiling Fan
Lewis Rossman begins his video by expressing his frustration with a smart ceiling fan that requires an app to operate and frequently beeps at him. He humorously suggests destroying the fan and replacing it. The main topic of the video is the music industry's use of false defamation suits and DMCA strikes to suppress criticism. Lewis contrasts his own approach to criticism, where he engages and responds to critics rather than resorting to legal action. He also highlights his experience working in the music industry and his disdain for the unethical practices he witnessed.
📜 Legal Critique of Splice's Terms of Service
In this paragraph, Lewis discusses a music industry attorney who critiqued the terms of service and certified licenses of Splice, a company that provides sounds and clips for music production. The attorney found the terms misleading and confusing, particularly regarding the duration of access to licensed samples and the ability to transfer rights. Despite her professional critique, Splice issued a copyright strike against her video, which Lewis views as an abuse of power. He challenges Splice to engage in a fair discussion rather than resorting to legal intimidation.
💳 Signing Up for Splice to Expose Their Practices
Lewis demonstrates the process of signing up for a Splice account to download a sample and generate a certified license, highlighting the ease with which anyone can access these documents. He criticizes Splice for claiming that their terms of service and licenses are proprietary and deserving of copyright protection, arguing that this is a misinterpretation of fair use. Lewis emphasizes that the logo on the documents is for identification, not to claim authorship, and challenges Splice to engage in a fair debate rather than using legal threats.
🤬 Calling Out Splice for Legal Intimidation
In the final paragraph, Lewis passionately calls out Splice for their legal intimidation tactics, urging them to engage in an honest conversation or face the consequences of their actions. He recounts his own experience with Apple trying to remove a video he made about repairing a MacBook Air and how he stood his ground. Lewis encourages Splice to either correct their false claims or face public backlash. He ends by inviting viewers to look at his resume and decide for themselves whether challenging him is a good use of their time.
Mindmap
Keywords
💡Right to Repair
💡Defamation
💡DMCA Strikes
💡Music Industry
💡Terms of Service
💡Certified License
💡Fair Use
💡Proprietary Information
💡Strian Effect
💡Privacy
💡Legal Contracts
Highlights
Lewis Rossman discusses his frustration with a ceiling fan that requires an app to operate and his decision to replace it.
He addresses the issue of 'right to repair' and his experience with house wiring that tests his resolve on this matter.
Lewis introduces the topic of the music industry's use of false defamation suits and DMCA strikes against critics.
He emphasizes his own approach to criticism, choosing to engage in 'the Battle of ideas' rather than resorting to legal action.
Lewis recounts his experience working in a top music studio and his view of the industry as a 'hive of scum and villainy'.
A music industry attorney's detailed analysis of Splice's terms of service and certified licenses is discussed, revealing potential misleading and confusing terms.
The attorney received a copyright strike for her video critiquing Splice's terms, despite her fair use argument and offer for discussion.
Lewis challenges Splice's actions, questioning the legitimacy of their DMCA claim and advocating for honest conversation over legal threats.
He demonstrates the ease of accessing Splice's proprietary agreement, contradicting claims of its secrecy and proprietary nature.
Lewis uses Privacy.com to create a virtual card for a free trial, highlighting a method to protect against unwanted charges.
He criticizes companies that use legal threats to silence critics rather than engaging in open dialogue.
Lewis shares his personal experience with Apple's attempt to remove a video he made, showing his stance on fair use and criticism.
He dares Splice to attempt a DMCA claim on his video, asserting his confidence in his right to critique and discuss their terms.
Lewis argues that companies should address criticisms with facts and evidence rather than resorting to legal intimidation.
He emphasizes the importance of standing up to bullies in the digital space and the potential for public opinion to shift through open debate.
The video concludes with Lewis encouraging viewers to learn from the situation and to stand up for fair use and open criticism.
Transcripts
hey everybody how's it going hope you're
having a lovely day welcome to today's
episode of how lwis is getting effed I'm
your host Lewis Rossman yes today the
reason that my desk is such a mess over
here is because I wanted to replace this
ceiling fan that beeps at me requires an
app to work it's it's a royal pain in
the ass it never works right so I've
decided to take this thing bash it the
pieces throw it off my balcony which is
what you should do when you have a cloud
ceiling fan and the problem that I have
here is um how I put this every time
I've opened anything in this house with
regards to wiring it really tests my
resolve with regards to right to repair
I would Pan the camera so that you could
see that but I don't want to inflict
that level of harm on my audience I can
curse I can scream I can yell but there
are some levels of profanity that should
just not be seen on camera in all
seriousness today we're going to be
discussing the music industry and we're
going to be continuing along that theme
where it is that larger companies or
smaller companies where they have some
money decide that they don't like what
somebody has said about them they don't
like when they're criticized when they
cannot win the argument of the battle of
ideas they decide that they are going to
file false defamation suits or false
dmca strikes so that that criticism can
be taken down there are many times that
I've been criticized on many different
websites there are people on Reddit that
call me scammers liar cheater thief
whatever and when that happens even when
I know their full name I don't file
defamation lawsuits I don't try to get
their post removed I respond to them
sometimes they have a small point but
they go over it in a really slanderous
and disgusting way and sometimes just
slanderous garbage I respond to all of
it I want to win the Battle of ideas I'm
not going to win that by removing
people's content that never works
there's something called the strian
effect the music industry in General I
got to I actually worked at Avatar
Studios back in 2007 and 2008 in New
York City one of the best studios in the
world I think it's the only place in the
five burrows in New York City we you
could actually record a symphony
orchestra amazing place I never worked
in the legal side of it but I worked you
know I worked in the tech side of it
fixing stter 800s and Eve 31 102s and
stuff like that but I was in the room
enough at the time to understand that
the music industry is a a uh a hive of
scum and villainy and that's before you
get to the attorneys they're Liars
they're cheaters they're scammers and
I'm sure some of them are good people
some of them are good people this one
I'm sure is a good person so let's go
over her particular issue so what she
decided to do is she decided to go over
the legal contracts both the terms of
service and something called the
certified license from a company called
splice splyce allows you to find sounds
and clips and stuff like that that you
can use inside some of your content and
she found out as a music industry
attorney professional attorney certified
by the bar that some of these terms of
service were somewhat misleading and
also confusing so she did a video that
was very long and detailed where she
went into this a lot of the terms that
splice has are confusing some of these
terms say things like the user can't
transfer their agreement or rights but
this conflicts with other parts
suggesting that you can freely license
remix or adopt samples the terms don't
clearly explain how long users can
access these certified license which are
very important for providing legal use
of a sample if I have a sample and I've
uploaded that to a particular website I
need to be able to demonstrate that I am
not going to get sued because I actually
have have the right to use this
particular sample I need to be able to
demonstrate that to everybody that I'm
Distributing music with or I may not be
able to get my royalties terms also
imply that you may lose access to your
account and licenses after the
subscription ends but there are also
conflicting statements from spice's
legal team about whether this access is
permanent or whether it's limited to
five or six years so she decided to dig
into this from the perspective of a
music industry attorney and because she
committed the crime of reading this
company's terms of service and trying to
give you her perspective as a music
industry attorney so that you wouldn't
get effed U she got a copy right strike
on her particular Channel not only did
they say that the terms of service was
something that they could file a the MCA
claim for they also were talking about
how the certified license that they have
is proprietary and because it's
proprietary they can U they can file
this type of claim on you for for
literally reading it as if in a lawyer
who is bar certified reading your terms
of service is not the best definition of
fair use that I've ever heard this woman
spent something like 57 seconds showing
this thing on screen with their logo in
a video that was damn near an hour
long and and that's what they they
struck her for now she actually offered
she said listen I'll have you on my
channel I'm more than happy to have a
discussion with you where you can
clarify anything that you want to
clarify and you know what they did they
struck her [ __ ] anyway rather than have
an honest conversation cuz I'll do that
you go to Reddit whether it's a right to
repair subreddit where I'm a hero or r/a
where everybody hates me I will have an
honest conversation with anybody who's
willing to listen were they willing to
have an honest conversation no they were
afraid to have that honest conversation
rather than actually engage with
somebody they decided to just kind of
remove their video and unfortunately it
worked her video is not on her platform
right now which I think is a crying
shame so I what I decided that I think
would be a fun thing to do is since this
this agreement is considered so [ __ ]
proprietary I figured it would be kind
of fun to try and go through their
website and figure out how to actually
get access to this and see if I can so
how difficult is it to get access to
this proprietary agreement that you're
going to be receiving and that you're
also going to be sharing with every
single music streaming and hosting
service or anybody that buys your music
you know again one of my friends Jake
Palumbo he has a recording studio in New
York City but he also produces music for
other people he actually produced the
music for my H for my commercial going
over the fact that um what was the name
of it it's on the tip of my tongue they
make the CompTIA that CompTIA was
lobbying against right to repair he
produced the music for that cuz he's a
cool dude he's damn good at what he does
he needs to be able to demonstrate to
his clients when he sells the music that
you are not going to get in trouble if I
give I sell you this beat and you use it
in your music that's what these licenses
are for so let's go through this so the
way this works is I can make an account
here I just made an account let me add
uh some sounds to my library so it says
over here that I need to sign up for a
subscription start free trial as usual
it's going to require a credit or debit
card which most companies hope that I'm
going to forget which is why I use
privacy.com check out privacy look look
at this [ __ ] right here look at how
[ __ ] beautiful this is I can create a
I can create a virtual card I'm going to
name it splice can spice can
sucket yeah they should to sponsor me
this is the kind of [ __ ] I'd actually
have on the channel as a sponsor no not
kidding so what this does is I can add a
debit card which I hope to God I block
out the last four digits of and then
after I do that it creates me a a credit
card that I can copy and paste into here
and then watch this this this is
literally a card that will work and then
I can immediately delete it so let's say
that they keep charging me let's say
I've signed up for a membership at one
of those scumbag gyms that requires that
I uh that that I that I send them
certified mail in order to cancel even
though I can sign up online in 5 seconds
rather than go through all those hoops
and have to deal with all that [ __ ] I
can essentially tell them to to suck it
by doing this so I can uh do this I can
click continue to check out and this
card is going to work if I set it up so
I'm going to set it up for a a single
time transaction limit this is the other
thing you can also make sure that they
can't they want to change the terms of
the sale and automatically opt you into
charging you more money they can't do
that so I'm going to set it up for 35
bucks and I'm going to set that up as a
single use card hit setup and I'm going
to do this continue to check out here we
go here we
go yeah start free
trial okay so let's see over here and I
go right over here and I close the
[ __ ] card nice try anyway do that and
now once it's closed uh splice SK socket
yeah that card is gone will cannot be
used it says closed beautiful so let's
browse around their site uh it says I
need to download an app I use Arch Linux
so I know that that shit's never going
to work uh let's let's see am I able to
get get access to a sound over here I'm
going to try and get a get a sound you
can download free samples during your
trial going to take this let's see how
do I download a [ __ ] sample
here create a stack with a loop I don't
want to do that [ __ ] let's see samples
get
collection this download will not
include any credits credits will only be
us in samples that are not in your
library 20 samples from grp Fusion I've
been added to your library library sound
okay generate certified license full
legal name Louis Rosman I am a beat
maker uh
Rosman beat
making
group
in um I can't help myself I'm a child
okay download certified license right
now so I can download the license okay I
downloaded my license and I'm going to
open it so as you can see this is a
certified license which essentially
anybody can generate it takes you 90
seconds of time to generate if you're an
idiot and it probably takes you 5
Seconds of time to generate after
signing up for a free account if you
actually have a brain which is more than
I could say for myself this is not some
sort of secret proprietary top secret
documents like there's there this is not
like there's Trade Secrets inside of
here it's it's a license agreement for
you and and frankly having an attorney
go through the terms of service or go
through a music contract on this type of
website is fair use it's not like she's
claiming with this because it has the
splice logo she's not saying that she
works for splyce the reason that this
logo is here the reason this is here is
not so that you could claim something
that's not true because there are people
out there that use my videos one of the
the SC most scumbag things people do on
Earth I've always told people you can
use my videos however you want feel free
to incorporate it use it to [ __ ] on me
whatever else the one thing I will not
accept people doing is pretending that
my videos on data recovery or repair are
theirs you do not get to pretend that
your repair shop do those did those
repairs if you you want have repair
videos on your channel that that make it
look like you did those repairs how
about you fix something don't CL you're
not allowed to claim authorship of it
but over here she's not trying to claim
authorship she's not trying to say that
I work for splyce she makes it very
obvious that she has her own legal
services and she makes it very obvious
in all of her video she's separate from
splyce so the idea that this can be
taken down for some sort of copyright
[ __ ] because she's showing a
proprietary document that takes 10
seconds to find that has their logo on
it is [ __ ] the reason that logo is
there is not so that she can claim
authorship at the document or pretend
that she's an authorized agent of splice
that is on the document so that she can
demonstrate that what she's reading is a
splice document and not something that
she pulled out of her ass that's
something that is there for
identification purposes this would be
similar to if I show you a 10K or a 10 Q
from a company like Verizon they have
their logo in the corner of it or
something and they say that that's a
copyright violation as if it's not fair
use if somebody is using this to
demonstrate the profits that they've
made in a given year when talking about
fines theyve faced from the FTC this is
something that I find particularly
despicable and and again this is
something that I've had happen to me
this is why I'm very sensitive to this
because I did a video 8 years ago where
I was demonstrating to you where the
fuse was on an Apple product and how to
replace it when your keyboard or your
trackpad doesn't work on an a1466
MacBook Air and apple kind of they had
kpatrick at Townson asked me to remove
my video and I did not remove my video
because I believed I was in the right
and as the great arani said when you're
in the right let nobody push you around
so you're going to twist me and him into
the bookends right that's right that's
right he's going to twist you and him in
a book end you got nothing to worry
about Ral you're in the right nobody can
put you around why don't you trut
unfortunately she has 68,000 subscribers
and something tells me she's making less
off of her YouTube channel than splyce
is making off of their business model
which means that splyce would have the
money to defend this in court whereas I
I'm not quite sure if she would have
that which is why they would go after
her and one of the things that just
really pisses me off about these
companies is that when they decide to go
after somebody that is smaller that
actually told the truth this woman told
the truth is she not certified by the
bar is she not a real attorney is she
not giving her opinion on splic terms of
service are these opinions not valid and
above all if those opinions are not
valid and she says I'll have you on my
show I'll record the call I'll ask these
questions and you can provide answers to
clarify how about you pick on somebody
her own size she has 60 or 70,000
subscribers maybe she doesn't have the
money to be able to fight you in court I
do if you want to be the [ __ ] be the
whole [ __ ] if you're saying that that's
misinformation you go on her show and
tell her why you go do what I do on
Reddit respond to the people that are
criticizing you with facts evidence
everything else and if you can't do that
then sucks to suck take it on the chin
and [ __ ] deal with it people are
allowed to criticize you they're allowed
to give their opinions on you she's a
lawyer if you have a problem with it go
to the [ __ ] Arizona State bars and
tell them that she's a [ __ ] lawyer go to
her show and tell her here's what you
got wrong don't take down her content
using [ __ ] misleading ass crap if
somebody criticizes me if they say that
there's an issue with my website which
there probably is because I don't update
this thing as long as often as I should
I actually got a cple me I got a couple
of things I got to update on this
because there's some Services we don't
offer anymore because getting parts to
stuff is [ __ ] miserable now but if
somebody goes over my site and they
criticize this website and I say oh like
you showed the Rosman group logo up here
on my website so I'm copyright striking
you that's [ __ ] that's fair use
they're not using that because they want
to pretend that they're me nor are they
using this because the sole monetization
in the video all of it is based on that
little logo and if this little logo
wasn't here well I guess their video
would have been worthless that's
obviously [ __ ] and everybody knows
that's [ __ ] they're using a
technicality in the law that they're
hoping that somebody at Google whoever
the [ __ ] reviews these DMC takedown
notices is not going to notice but I
noticed and I hope my audience notices
and guess what you may say that you
don't want people showing your [ __ ]
logo on screen you're dmca claim them
try to do that [ __ ] to me I [ __ ] dare
you you pieces of [ __ ] want to say that
uh that that showing your terms of use
which is publicly on your website is
something that that is copyrighted or
proprietary information you want to say
that this license over here because it
has your logo on it is something that's
proprietary
information take down my video file a
dmca claim I [ __ ] Dare You Apple did
not succeed in getting my video taken
down and they have a$3 trillion market
cap you think I'm afraid of you I'm not
afraid of people like you I'm more than
happy to stand up to people like you I
[ __ ] dare you try to get this video
taken down see what happens [ __ ] around
and find out Google me look at my resume
take a look at what I did and come to
your own conclusion about whether you
think that's a good use of your time cuz
I think it isn't personally I think that
you should resend that false fraudulent
dmca claim that you filed against this
young attorney and I also believe that
you should apologize to her show up on
her show tell her why she's wrong and
stop being a [ __ ] coward stop trying
to push people around with these fake
claims and this fake defamation [ __ ] cuz
it's not going to work at the end of the
day you think think you have shut down
one person criticizing you but you have
not you have actually created Millions
maybe even two million people more that
know that your company is staffed by
little cowardly pieces of [ __ ] when
people read my redit post even if I say
yeah you know I kind of [ __ ] up here
but here's where you're wrong even if I
lose that particular argument even if
that I never convince that individual
that I'm not a scammer a liar or a
cheater what happens is there'll be
other people that read that post and
when they see that exchange back and
forth even if I lost that one particular
argument with that individual because
that individual is just never going to
change their mind or ever consider an
alternate point of view the hundreds of
people that read that may read that and
go huh you know what may he has a point
wow you know I thought he was an [ __ ]
but wow this person criticizing him
really seems to like have their head up
their ass H you never know it's worth it
to get your argument out there it's
worth it to demonstrate your side even
if you don't convince the people that
you're talking to but you're not willing
to do that you want to delete people you
want to erase them off the internet if
they disagree with you that's [ __ ]
and if you try to dmca claim this video
if you try to do any sort of fraudulent
[ __ ] on my channel because you decide to
stop being a [ __ ] and pick on somebody
your own [ __ ]
size do your best do your best this is
what I do for a living look through my
resume [ __ ] around and find out that's
it for today and as always I hope you
learned something I'll see you all on
the next video bye now
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