Stop Banning CardGamesFTW & his future channels
This petition made change with 53 supporters!
Little Kurriboh, as he is known by the online community, has been creating parodys of the anime/childs show "Yu-Gi-Oh" since 2006. However his uphill battle against "copyright bots" has plagued the show since 2007, with various episodes being blocked. On August 13th 2007 his first channel was suspended to which he created his new channel "CardGamesFTW". Since then the popular youtuber has won various awards, such as Mashable's 3rd Annual Open Web Awards for the Funniest YouTube Channel and became Japan's top subscribed channel for a time. Upon releasing his 56th episode "It's a Mad, Mad, Mad Virtual World" his account CardGamesFTW has been terminated. Youtube cites that "CardGamesFTW has been terminated because we received multiple third-party claims of copyright infringement regarding material the user posted."
Whether it is because of other users flagging his videos or the corporations stating copyright reasons is all speculation: the reason LittleKurriboh has given is that youtube bots flag and terminate his videos and channels. This petition is aiming to give a subjective approach to the banning of videos, especially from artists who have undergone such a history of being blocked. The fact that his channel has been unsuspended on numerous occasions is a testiment to his innocence: this is as much of a hobby as a passion which does nothing but provide humor and publicity to a TV show. I myself actually bought a game after watching said videos and getting cravings, and this brings me to the point of this petition.
I firmly believe that Yu-Gi-Oh would not be as popular today if it wasn't for LittleKurriboh. Despite being the butt of the occasional joke LittleKurriboh has given his respects to 4kids and the other corporations that helped create the show. He has used clips of their video's, but a site such as YouTube would be empty without such videos.
Below are quotes straight from http://www.copyright.gov/fls/fl102.html, the American Copyright Fair Use website:
" Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work"
http://www.copyright.gov/title17/92chap1.html#107 gives further clarification on Article 107
"§ 110 . Limitations on exclusive rights: Exemption of certain performances and displays - Notwithstanding the provisions of section 106, the following are not infringements of copyright:
(2) except with respect to a work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks...
D) the transmitting body or institution—
(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and
(ii) in the case of digital transmissions—
(I) applies technological measures that reasonably prevent—
(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and
(bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and
(II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination;"
I am no expert on copyright laws however there are other paragraphs which talk about charging for work. All the work that's posted on Youtube or other sites are free of charge, and as stated before YouTube has frequently gone back on suspensions - an act that wouldn't occur should he be breaking copyright laws.
Before being banned LittleKurriboh expressed a fear that his account might be banned as part of new rules YouTube has introduced. I feel these rules are now coming to the point of bullying artists, stiffling free speech and designed for "offenders" in a position similar to LittleKurriboh's to prevent video's being appealed should they be wrongly removed twice. It sounds like a method in order to prevent the amount of hassle YouTube has to put up with over repeat "offenders", then the solution is simple. If YouTube has the money to pay for partners who get paid to put up videos on a frequent basis, then employ enough staff to ensure fair application of regulations, not blindly enforcing rules that are fundamentally wrong.
To conclude, I don't know how much hope CardGamesFTW has. I don't know whether this appeal will re-open it or prevent any new channels from being banned. But this is a declaration of support. We, the fans, are consistent YouTubers. We enjoy watching the videos, some of us watch every now and again and other even go to conventions to see our artists face to face. We've donated to charity (See any video titled "CardGamesForCharity" and support the artists who do even more to raise publicity for important issues. We laugh, we're amused and right now we are unhappy that petty regulation has prevented a man from enjoying his passion and ours. Please sign to show your support, this is the fifth time and the last. We're here to show that this is unjustified, baseless and unreasonable oppression of a popular show, and we'd like to show YouTube and LittleKurriboh is here to stay and so are we. Thank you.
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