Company 'Hijacks' Blender's CC BY-Licensed Film, YouTube Strikes User

An anonymous reader quotes a report from TorrentFreak: The Blender Institute develops Blender, a free and open source 3D graphics tool used to create animated films. Sintel and Big Buck Bunny are among Blender's most recognizable titles and due to Creative Commons licensing (CC BY), they are widely shared, used, remixed and reshared. According to original Blender creator Ton Roosendaal, "Open licenses are essential for sharing our films and their source material." Right now, a company is claiming that Blender's free content is actually their content and as a result, must be immediately removed from the internet. We're talking about content that was created with Blender's explicit blessing but even after multiple appeals, not even YouTube will see reason. Bruno Fernandez-Ruiz is the co-founder and CTO at AI-focused driver safety company, Nexar. On Sunday he informed TorrentFreak that he's also an independent film composer and producer, working with music production libraries, and distributing to the main music platforms. TorrentFreak contacted Bruno after noticing a post he made on a music production forum. He wrote that after uploading a video containing a clip from the Blender movie Caminandes 3 -- Llamigos, YouTube notified him that a rightsholder had filed a copyright complaint, his video had been taken down, and a copyright strike had been issued to his account. The complaint, sent by Uzbekistan-based media/news company ZO'R TV, was not the result of automatic matching under Content ID. It was filed as a formal DMCA notice, meaning that someone probably reviewed the details before sending the complaint. The notice claimed that Bruno had infringed ZO'R TV's copyrights by reproducing content (6:21 to 8:26) from this YouTube video published in 2018. Since the content in question is obviously from Blender's film Caminandes 3, ZO'R TV was in no position to issue a DMCA notice. On that basis, Bruno followed the recognized procedure by sending a DMCA counternotice to YouTube. It didn't go well. After filing his counternotice with YouTube, Bruno was informed that since he'd provided insufficient information, YouTube could not process it. However, YouTube did inform Bruno of the risks of filing a counternotice, including that his name could be sent to the claimant, ZO'R TV in this case. Determined to have his video restored, Bruno accepted the risks and sent another counternotice to YouTube. This time there was no indication that the counternotice was deficient. YouTube thanked him for filing it -- but still declined to process it. YouTube's email advised Bruno that counternotices should only be filed in case of a mistake or misidentification. Consulting with a lawyer first might be helpful, YouTube added. After three attempts to restore the video and have the copyright strike removed, YouTube responded once again. The message contained yet more disappointment for Bruno. "Based on the information that you have provided, it appears that you do not have the necessary rights to post the content on YouTube. Therefore, we regretfully cannot honor your request," it advised. This signaled the end of the debate as far as YouTube was concerned and by rejecting Bruno's right to send a counternotice, the platform denied him an opportunity to have the video restored, stand up for Blender's rights, and get the strike removed. After notifying Blender of the situation, Blender developed Ton Roosendaal replied, saying the company has "no staff here available to go after situations like this" but suggested they could "escalate it to the Creative Commons organization." "After all, it's their mission," he added.

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