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  • avatar
    3088 sounds
    306 posts


    So I put Kyle's email into Facebook, and found his profile, which led me to this picture:
    http://farm9.staticflickr.com/8388/8453996176_99944c167d_c.jpg
    and the associated text "dat YouTube Moneyyyyy. smile"
    So yeah, I really don't feel bad about being a bit harsh to him at all.

    His facebook profile:
    https://www.facebook.com/kyle.innes.50
    (It is certainly him, one of his likes is of course SoundEffectsFactory)

  • avatar
    432 sounds
    344 posts


    Corsica_S wrote:
    So I put Kyle's email into Facebook, and found his profile, which led me to this picture:
    http://farm9.staticflickr.com/8388/8453996176_99944c167d_c.jpg
    and the associated text "dat YouTube Moneyyyyy. smile"
    So yeah, I really don't feel bad about being a bit harsh to him at all.

    His facebook profile:
    https://www.facebook.com/kyle.innes.50
    (It is certainly him, one of his likes is of course SoundEffectsFactory)

    This is crazy! He's making money on other peoples work. I'm out of words! I don't understand how youtube works, if they don't take action on this. Oh well, they probably don't care for copyright, if it isn't a big corporate company that's being abused.

    This really sucks!

  • avatar
    1439 sounds
    1547 posts


    Corsica_S wrote:
    His facebook profile:
    https://www.facebook.com/kyle.innes.50
    (It is certainly him, one of his likes is of course SoundEffectsFactory)

    Gosh! He is ugly too!

    Kyster wrote:
    This is crazy! He's making money on other peoples work. I'm out of words! I don't understand how youtube works, if they don't take action on this. Oh well, they probably don't care for copyright, if it isn't a big corporate company being that's being abused.

    This really sucks!


    Well, we all know there is plenty of copyright infringing material in YouTube (I mean commercial music and stuff). If I can find it, they can find it too. They don't bother removing it unles there are complaints.

    So basically, a LOT of people neet to complain until something is done about it.
    So whomever has not filled in a form yet, please do so now.

    hmmmm..... erm..... I forgot...
  • avatar
    939 sounds
    849 posts


    and an other link to one of his(?) youtube channels including skipe: kyle-innes

    http://www.youtube.com/user/NoLimitNitro/videos?view=0

    Searching on skype you get the picture of the same boy with a lot of data;
    address: Sherwood Park, canada
    born: November 28 1995
    youtube channels: SoundEffectFactory, NoLimitNitro

    this youtube channel has a link to SondEffectFactory and HQSFX

    To hear, you first have to listen
  • avatar
    167 sounds
    1462 posts


    After examining his facebook page, I can safely say I'm not surprised.


    I am the thing that goes bump in the night...

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  • avatar
    606 sounds
    276 posts


    SoundEffectsFactory wrote:
    AlienXXX wrote:
    As we can now see, he exists under various aliases and in all of those he has been blatantly and repeatedly violating copyright.

    I said I would not post on here anymore because I thought this was solved

    How have you 'solved' the 100'000's? of cases where people have downloaded sounds and used them in breech of copyright due to your fraudulent & deceptive use of our samples?

    How have you 'solved' the income you have derived under fraudulent circumstances?

    When you upload receipts showing that you have refunded YouTube and any other payment partner for all money earned with our samples AND closed a YouTube channel built on fraud, then perhaps that would be evidence you really trying to 'solve' or resolve matters.

    The courts may then take that into account as a sign that you were in fact trying to make amends and it just might mitigate any damages against you.

    All I can see here is 'track covering' and carrying on as usual...

  • avatar
    3088 sounds
    306 posts


    YouTube claims that if a user gets 3 strikes against them for copyright infringement the channel will be removed and the user banned. So please, everyone do file that claim!

  • avatar
    1118 sounds
    397 posts


    Regardless of how nice this guy seems to be when nicely approached, he is a leech and we should not refrain from make adequate complaints.
    As we can now see, he exists under various aliases and in all of those he has been blatantly and repeatedly violating copyright. Adding no creative value, simply distributing unchanged CC material- with no attribution and for direct financial profit.

    Adequate complaints are not worth it. People whose rights have been infringed can try to get a settlement or sue the infringing party. If your rights were not infringed upon, you should not waste time getting angry and instead tell people whose rights have been violated that this is a chance for them to receive compensation in form of settlement or lawsuit, depending on how they feel about the situation.

    Plagiarism is something I know little about. Personally I consider it unethical.

    Making money from public domain and other free works appears to be a branch of making money
    (morality trigger warning) publicdomaintreasurehunter.com/2010/08/02/plagiarism-ethics-and-the-public-domain/

    Kyster wrote:
    This is crazy! He's making money on other peoples work. I'm out of words! I don't understand how youtube works, if they don't take action on this. Oh well, they probably don't care for copyright, if it isn't a big corporate company that's being abused.

    Making money on other peoples work is a rather normal thing to do for publishers for example. The problem is that in this case they did not return the minimum legal requirement: attribution.
    By fixing license-required attribution in combination with offering compensation to the authors that were damaged, this might be solved though.

    Whether or not the violation of the license was intentional probably does not matter, as I believe most jurisdictions ignore whether or not a law was known by the violator. So if anybody whose copyright was infringed has the freedom to go to court if they are not interested in settling with SEF.

    They don't bother removing it unles there are complaints.
    Exactly. As far as I understand, the international agreement DMCA protects user-upload hosts from being responsible for the copyright infringement of user-uploaded works, but they are required to respond to copyright notices.

    Oh well, they probably don't care for copyright, if it isn't a big corporate company that's being abused.

    They care. I made a copyright complaint against one of SEF's videos and it was taken down. Later I asked YouTube to undo that request, because SEF did fix the attribution gave me compensation (I asked for information, rather than money).

    Gosh! He is ugly too!
    Dropping down to this level is highly unproductive. We should concentrate on educating Freesound artists about their rights and about ongoing infringement of their works instead (by PMing them). smile

    How have you 'solved' the 100'000's? of cases where people have downloaded sounds and used them in breech of copyright due to your fraudulent & deceptive use of our samples?

    How have you 'solved' the income you have derived under fraudulent circumstances?
    This might have been solved by offering compensation. Whether that is correct, only people who did request money as compensation for the past infringement can tell.

    All I can see here is 'track covering' and carrying on as usual...
    IMHO that is unlikely, as this thread will stay to make it clear that SEF now understand the implications of CC-BY (and that they might have enough income for lawsuits to be worth it?). It is in SEF's interest to follow CC-BY's terms correctly in the future.

    Click here to lend your support to: Freesound 2011 donations and make a donation at www.pledgie.com !
    Donate to Freesound.org
    so it can serve even more and better sounds to you in the future!
  • avatar
    606 sounds
    276 posts


    Making money on other peoples work is a rather normal thing to do for publishers for example. The problem is that in this case they did not return the minimum legal requirement: attribution. By fixing license-required attribution in combination with offering compensation to the authors that were damaged, this might be solved though.

    You can't retrospectively 'solve' a breech of copyright law.

    He only limits damages from that date onward.

    As I have stated in the past. I have no problem with people making money using my samples, where they ask I always grant permission. I have a problem with the nature of this operation as it clearly existed to generate income from the work of others under false pretences.

  • avatar
    0 sounds
    2 posts


    I am the owner of HQSFX, and let me explain myself without you guys getting mad, i wanna talk this through and be mature about this with out any name calling or bs. I know acknowledge that what i was doing was infact wrong and was a mistake. When i saw they attribution license and saw how it said "in the manner specified by the author" and most sounds did not say in the description of the sound saying "give me credit etc" i did not think i had to credit anybody. But as i see now i was wrong! People make mistakes! This was my bad and i take fault for it! From here on out i will give the proper credit and the proper attributions. If anything needs to be removed just tell me and i will remove it faster than a shake of a lambs tail smile Just think i will give the proper credit from here on out (for the freesound sounds) and will credit as much as i can on my previous sounds. I am sorry for the inconvenice i may have caused to anyone. Just think this is free advertising for the uploader of the sound smile We can work together and this does not have to be an all out war! Thanks for everyone's consideration and hope to hear from all of you soon smile

    -HQSFX

  • avatar
    606 sounds
    276 posts


    flytheskyHD wrote:
    I am the owner of HQSFX, and let me explain myself without you guys getting mad, i wanna talk this through and be mature about this with out any name calling or bs. I know acknowledge that what i was doing was infact wrong and was a mistake. When i saw they attribution license and saw how it said "in the manner specified by the author" and most sounds did not say in the description of the sound saying "give me credit etc" i did not think i had to credit anybody. But as i see now i was wrong! People make mistakes! This was my bad and i take fault for it! From here on out i will give the proper credit and the proper attributions. If anything needs to be removed just tell me and i will remove it faster than a shake of a lambs tail smile Just think i will give the proper credit from here on out (for the freesound sounds) and will credit as much as i can on my previous sounds. I am sorry for the inconvenice i may have caused to anyone. Just think this is free advertising for the uploader of the sound smile We can work together and this does not have to be an all out war! Thanks for everyone's consideration and hope to hear from all of you soon smile

    -HQSFX

    The response is the same. This channel is built on copyright infringement. It uses the same deceptive practices. It has been making money doing so. You have put anyone who downloaded a sample and used it from your Channel at risk copyright claims. Close it and start again properly. You have the opportunity to avoid the same mistakes as your fiend here.

  • avatar
    939 sounds
    849 posts


    Had this correspondention. Wait for answer.

    From:
    klankbeeld
    To:
    SoundEffectsFactory
    Date:
    February 8th, 2013
    Subject:
    re: re: delete my sounds from your channels

    You didnt answer my request. Do you delete all the sounds?

    > --- SoundEffectsFactory wrote:
    >
    > I am not in anyway related to HQSFX. He is a friend of mine
    > who asked to be featured in my other channels box. I have
    > attributed you correctly, if HQSFX hasnt that is not my
    > problem. I am going to be posting on the forum again right
    > away.
    >
    >> --- klankbeeld wrote:
    >>
    >> Because the forum-post is continuing in a bad way about
    > you
    >> and your multiple channels and because your disclaimer in
    >> the youtube-page; 'If your copyright is being violated
    >> and/or you don't want your sounds displayed on this
    > channel,
    >> please send me a Personal Message and I will happily
    > delete
    >> the video(s)!', and because you do not answer the forum
    >> anymore, I entrust you to delete all the video's from all
    >> your channels containing my sounds within 2 days.
    >>
    >> I ask you to use my sounds ever anymore in these kind of
    >> channels in the future.
    >>
    >> Because the hunt on you (see forum) I advise you urgently
    > to
    >> delete your channels on youtube.
    >> Why do you wait to get in real trouble, Kyle?

    To hear, you first have to listen
  • avatar
    3088 sounds
    306 posts


    Dear flytheskyHD,
    I think what you do sucks too. I can see you have downloaded a couple of my sounds, and I request that you remove them. I don't want my work associated with your nonsense.
    I suggest you take whatever money you made from YouTube and buy a recorder and some creativity and make some of your own sounds. Stop being so lazy.

  • avatar
    606 sounds
    276 posts


    I'd just like to point out the agreement both of these channels signed.

    6. Your Content and Conduct

    A. As a YouTube account holder you may submit Content to the Service, including videos and user comments. You understand that YouTube does not guarantee any confidentiality with respect to any Content you submit.

    B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

  • avatar
    0 sounds
    2 posts


    I am sorry for your inconvenice Corsica_S and apologize for what i have done and dont mean to be a trouble anymore from here on out. If at all possible would you be willing to tell me which ones are yours?, (theres a alot of videos) if not no worries, i will sift through the my list of videos, thanks.

    -HQSFX

  • avatar
    939 sounds
    849 posts


    Update;

    From:
    SoundEffectsFactory
    To:
    klankbeeld
    Date:
    February 8th, 2013
    Subject:
    re: re: re: re: re: delete my sounds from your channels

    Ok I respect that, most of the sounds are your horror ones so it shouldn't take long to delete. Ill let you know when im done.

    To hear, you first have to listen
  • avatar
    1118 sounds
    397 posts


    Hello "flytheskyHD",

    flytheskyHD wrote:
    When i saw they attribution license and saw how it said "in the manner specified by the author" and most sounds did not say in the description of the sound saying "give me credit etc" i did not think i had to credit anybody. But as i see now i was wrong! People make mistakes! This was my bad and i take fault for it! From here on out i will give the proper credit and the proper attributions. If anything needs to be removed just tell me and i will remove it faster than a shake of a lambs tail.

    I find it hard to believe that anybody using license-protected works relying on reading only a description of the license rather than the license itself. As somebody who does business, I find it hard to believe that you fail to read the full license description page, which states that the description is only a description and contains a link to the full license. As I'm not planning to go to court over anything yet, I'm not going to waste my time accusing anybody of lying and will assume goodwill until proven wrong.

    Just think i will give the proper credit from here on out (for the freesound sounds) and will credit as much as i can on my previous sounds. I am sorry for the inconvenice i may have caused to anyone.

    "as much as you can"? Are you saying you did not keep record of the sources you used?

    Just think this is free advertising for the uploader of the sound

    Saying this to a Freesound artists whose license you violated can be seen as an insult. Attribution is not something you give to the Freesound artist that licensed their work under CC-BY but something that is required by that license.

    To all Freesound artists whose CC-BY licensing has been violated. Think about how you feel about this and consider that your options include:
    1) Contact the infringing party and demand compensation.
    2) Send a copyright notice (you need a google/youtube account). Consider that according to YouTube copyright policy, three strikes will disable an account.
    3) Take a lawyer.
    This is not a complete list.

    Click here to lend your support to: Freesound 2011 donations and make a donation at www.pledgie.com !
    Donate to Freesound.org
    so it can serve even more and better sounds to you in the future!
  • avatar
    253 sounds
    86 posts


    One thing I don't understand SEF and flytheskyHD:

    Both of you have implied that you will go back and attribute things on a per-request basis and/or that it would be difficult to track down the source of the sounds on your youtube channels. Doesn't the attribution page on your profile help you greatly? I think it's your responsibility to go through that list and attribute every CC-BY sound you've downloaded from freesound in every place you've redistributed it. The authors shouldn't have to ask you to do that. It's your moral obligation, imo.

    Nic Stage - Field recorder organism
  • avatar
    3088 sounds
    306 posts


    flytheskyHD wrote:
    I am sorry for your inconvenice Corsica_S and apologize for what i have done and dont mean to be a trouble anymore from here on out. If at all possible would you be willing to tell me which ones are yours?, (theres a alot of videos) if not no worries, i will sift through the my list of videos, thanks.

    -HQSFX

    I have no intention of telling you which ones they are. I don't even know if they are on YouTube or not. I'm not about to play all those videos and give you more money. I'm not that stupid. And you have a list of what you downloaded, so you can find it easily enough. And it was your responsibility to read (and UNDERSTAND) the license directly next to the sound description (and how I want to attributed is on my main user page) in the first place.

  • avatar
    432 sounds
    344 posts


    AlienXXX wrote:

    Kyster wrote:
    This is crazy! He's making money on other peoples work. I'm out of words! I don't understand how youtube works, if they don't take action on this. Oh well, they probably don't care for copyright, if it isn't a big corporate company being that's being abused.

    This really sucks!


    Well, we all know there is plenty of copyright infringing material in YouTube (I mean commercial music and stuff). If I can find it, they can find it too. They don't bother removing it unles there are complaints.

    So basically, a LOT of people neet to complain until something is done about it.
    So whomever has not filled in a form yet, please do so now.

    Although i don't think he has used any of my sounds, i still did report him.