March 22 note added:
I’ve been in touch with the owner of Motiono.com and we’ve resolved our differences amicably. The DMCA takedown notice has been removed.
Started on YouTube
This started a few months ago when I received comment spam on YouTube: videos I had uploaded had comments from a “Sumer” asking me to upload my videos to Motiono instead.
I posted about that here: YouTube Spam from Motiono. Later, after Sumer had emailed me a few times about it, I searched for Motiono on Google and noticed that I was the top hit, so I posted about that.
First the good cop
Sumer emailed me and requested that I remove those blog posts – and the comments to them (many of which detailed experiences with Motiono and the person behind it … basically confirming the things that I said).
I responded as follows:
I have no personal bone to pick, but I have some real issues removing old posts too.
Here’s how to make my post disappear from Google’s first page of results for Motiono.com: do more cool stuff, get more positive press, and my post will just fade away.
Shoot me an email in 15 days or so as you bring out some more new features; I’ll post on that, and that’ll help. I’ll also add a header or addendum to my post to let people know the issue is resolved.
Then the bad cop
Sumer appeared to accept that … and then seemed to have a change of heart. He offered me money to take them down, and I received multiple derogatory emails from Sumer Kolcak. Here’s a sample:
i bet your mom used to fart on your bald head
you sick mentally ill twisted f-gg-t boy
… plus dozens of comment spams that were equally derogatory were posted on my blog.
Now, misuse of the DMCA
Today, I received a call from MediaTemple that he’s issued a DMCA takedown request. I haven’t received the exact details yet, but it’s got to be of those two posts.
According to what MT has told me, he’s claiming copyright of even the name Motiono, and Sumer Kolcak … in effect saying that he owns those names and no-one can even mention them without his consent.
That is the most ridiculous definition of copyright I’ve ever heard. There has always been a right to use a term when talking about it – a reporter does not have to ask Apple for permission to use the company’s name when doing a story on the iPhone.
MT is caving
MediaTemple’s policy when they receive a DMCA notice is to take down the content – without any regard to the merits of the filing. They’re telling me to take it down within 24 hours, or else they’ll do it for me.
I need help – please publicize this!
- MT, and other hosting companies, should not have a policy of taking down material just because someone issues a spurious complaint.
- Motiono, and the person behind it, should be known for who and what they are.
- Most importantly, free speech matters, and should not be muzzled.
Thanks![tags] motiono, sumer kolcak, dmca, takedown, free speech, john koetsier [/tags]
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