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  • 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
    769 sounds
    815 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
    3044 sounds
    305 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
    769 sounds
    815 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
    1086 sounds
    395 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
    3044 sounds
    305 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
    429 sounds
    343 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.

  • avatar
    142 sounds
    1279 posts


    flytheskyHD wrote:

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

    Ahem... This statement is incorrect.

    How are you publicising the author without even attributing them?
    Let alone even mention the fact that you didn't create any of the material selected for distribution.

    I'm sorry but this is ludicrous, and I don't think you understand the scale of the muddy waters you are in.


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

    ╭─────────╮
    PLEASE VISIT
    ➤ Phazebook
    ➤ HeadCloud
    ╰─────────╯
  • avatar
    606 sounds
    276 posts


    flytheskyHD wrote:
    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

    flytheskyHD - how can you affirm this statement at YouTube - you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit AND make the statement above?

    You & SoundEffectsFactory need to read the relevant parts of your local Copyright Act:

    http://www.law.cornell.edu/copyright/copyright.act.chapt5.html

    This one is for SoundEffectsFactory:

    http://laws-lois.justice.gc.ca/eng/acts/C-42/page-49.html#h-57

    Since you are both now liable for criminal legal action.

    http://www.rcmp-grc.gc.ca/qc/services/sef-fis/prop_intel-eng.htm - CA

    http://www.copyright.gov/title17/92chap5.html#506 - US

    Hence this statement

    Head-Phaze wrote:
    I don't think you understand the scale of the muddy waters you are in.

  • avatar
    13 sounds
    189 posts


    Can anybody confirm if flytheskyHD and SoundEffectsFactory ARE actually different individuals? This is a question and not an accusation. I'm normally one to give the benefit of doubt to anyone, but honesty is not something I take for granted when the evidence is so strongly stacked against it.

    Heaven in the sky is to die for, Heaven on earth is to live for.
  • avatar
    1310 sounds
    1386 posts


    strangely_gnarled wrote:
    Can anybody confirm if flytheskyHD and SoundEffectsFactory ARE actually different individuals? This is a question and not an accusation. I'm normally one to give the benefit of doubt to anyone, but honesty is not something I take for granted when the evidence is so strongly stacked against it.

    I have not yet reviewed all the evidence, so I cannot say for sure.
    In a way, it does not matter, the message is the same for both:
    Delete infringing contents, attribute properly or face the consequences.

    If it turns out it the same individual, it will just add one more layer to the chain of deceit, as he has clearly stated in this thread the they are not the same and not associated.

    The courts would clear through that fog in a minute, as they have the power to obtain far more info than we do, and they can easily check the links to email and paypal accounts, bank accouts and IP addresses...
    So, for his sake, I hope he is telling the truth.

    hmmmm..... erm..... I forgot...
  • avatar
    769 sounds
    815 posts


    naked facts on SEF

    Update on deleted sounds in SEF packs;

    Weapons/Fighting -19 sounds = 25%
    Impacts -2 sounds = 20%
    Laughter/Applause -3 sounds = 20%
    Household -25 sounds = 55%
    Instruments/Percussi -14 sounds = 82%
    Human -18 sounds = 72%
    Technology -16 sounds = 72%
    Nature/Animals -17 sounds = 72%
    Aircraft -6 sounds = 67%
    Emergency/Sirens -4 sounds = 33%
    Misc. -23 sounds = 55%
    Ambience - 30 sounds = 65%
    Horror Sounds/Tracks -27 sounds = 87%
    Cinematic Finales -5 sounds = 100%
    Cinematic Intros -13 sounds = 100%

    that is 222 sounds deleted / 204 left.

    To hear, you first have to listen
  • avatar
    1310 sounds
    1386 posts


    Hi klankbeeld!

    Thanks for the update. This is a positive sign.
    He is actually making good progress to clear this copyright mess he got himself into.

    hmmmm..... erm..... I forgot...
  • avatar
    769 sounds
    815 posts


    AlienXXX wrote:
    Hi klankbeeld!

    Thanks for the update. This is a positive sign.
    He is actually making good progress to clear this copyright mess he got himself into.

    Hi Alienxxx,
    long time no see.
    it is a pleasure to see that he is making progress.
    My believe is that he will better his life. He is a young guy making a stupid mistake. I know you are still hunting him and I understand.

    My naive feeling says that he will delete all the stolen or not attributional sounds.
    I hope that he buys his own recorder or look for free software and gives back some own sounds to our community.

    who knows he will ask for forgiveness to us all one day ??????
    Do we -as community- do forgive if him. I Hope. we all made our stupid mistakes.

    com-one guys it's a kid.

    To hear, you first have to listen
  • avatar
    1086 sounds
    395 posts


    Any personal information can be falsified.

    If you believe that a person infringes knowingly, you should also assume that that person will try to hide their tracks by inserting fake personal information in places they could be tracked back to.

    I try (and partially fail) to not get involved emotionally, neither positively, nor negatively.

    klankbeeld: what are these numbers about?
    Videos?
    .rar archives with downloadable audio files?
    ( Is this own research or was this a statement made by a party that is being accused by intentional copyright infringement by various users here? )

    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
    769 sounds
    815 posts


    qubodup wrote:
    Any personal information can be falsified.

    If you believe that a person infringes knowingly, you should also assume that that person will try to hide their tracks by inserting fake personal information in places they could be tracked back to.

    I try (and partially fail) to not get involved emotionally, neither positively, nor negatively.

    klankbeeld: what are these numbers about?
    Videos?
    .rar archives with downloadable audio files?
    ( Is this own research or was this a statement made by a party that is being accused by intentional copyright infringement by various users here? )

    As a good 'lawyer' you ask for me the facts.
    Any personal information can be falsified you write. But not my wifes 'investigation' wink as you can see in the below data;

    Follow the money, oeps, follow the links
    http://www.youtube.com/playlist?list=PL248A5E4B27F1E6E6
    http://www.youtube.com/playlist?list=PLF5A4370318291C30
    http://www.youtube.com/playlist?list=PL6DCEC76CDB0A9D6D
    http://www.youtube.com/playlist?list=PLA578B8A132766C10
    http://www.youtube.com/playlist?list=PL1B028715946A15D3
    http://www.youtube.com/playlist?list=PL456687D731646F12
    http://www.youtube.com/playlist?list=PL623D389B550A9FC3
    http://www.youtube.com/playlist?list=PL7A1392ED264944C3
    http://www.youtube.com/playlist?list=PLD43C152873F06CFC
    http://www.youtube.com/playlist?list=PLFC4160D664618993
    http://www.youtube.com/playlist?list=PL64B583D5D4351EE7
    http://www.youtube.com/playlist?list=PL4D841E19EFE54BCE
    http://www.youtube.com/playlist?list=PL634EA6C284405875
    http://www.youtube.com/playlist?list=PL02CF1B94F29BEDF0
    http://www.youtube.com/playlist?list=PL3DFFA7C0902375C2
    http://www.youtube.com/playlist?list=PLbHLRmc3X2rGK-YLkca5GQQhoQYYWKwkL

    Are the facts convincing enough?

    edit
    and if he is he?????

    To hear, you first have to listen
  • avatar
    1310 sounds
    1386 posts


    There is no doubt that SEF has been removing A LOT of videos from his channel.
    Remains to be seen if he removes all videos taht infringe copyright and gives adequate attribution on any videos that remain.

    Also remains to be seen what flytheskyHD / HQSFX is doing about his.
    Ans also, if these two are indeed the same person.

    The data that we could collect we have collected already - so if he is hidding his tracks now he is too late.
    That data may or may not be sufficient to demonstrate these are the same person.

    But the HQSFX channel will get the same tratment that SEF did.
    So flytheskyHD, if you are reading this, start deleting all infringing videos quick because we are comming for you next.

    hmmmm..... erm..... I forgot...