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Content Moderation Case Study: Using Copyright To Take Down A Transformative Criticism Video (2019)

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Summary: In the fall of 2019, talk show host Ellen Degeneres was criticized after being seen attending a professional football game with former President George W. Bush. Degeneres addressed the controversy on her show, saying she was invited by the Dallas Cowboys' owner, and also suggesting that she was friends with the former President Bush and that people should be kind to people they disagree with politically.Rafael Shimunov took the video of Degeneres giving her side of the controversy and transformed it so that the background showed disturbing images from the Iraq War which was started by President Bush. The clip used approximately half of the video that Ellen herself had posted to YouTube, with the only change being the replacement of the blue background. Soon after that video began to go viral on Twitter, Shimunov and others who had reposted it received notices saying that the video was taken down due to a copyright claim under the DMCA made by someone working for Degeneres' TV show.

Recipients of the takedown notice said that it appeared to be the work of a social media manager for the show and not an automated takedown.As the EFF noted in discussing the takedown, the DMCA requires that anyone filing a DMCA takedown notice take into account whether or not the content in question is covered by fair use, and there is little evidence the social media manager filing these notices did so.Decisions to be made by Twitter:
  • Is changing the background in the video transformative enough to make it fair use?
  • Should you consider that the images act as commentary on the content of the video?
  • How should Twitter deal with copyright holders who ignore fair use in issuing DMCA takedowns of videos?
  • Should Twitter re-enable such videos following public controversy?
Questions and policy implications to consider:
  • Should social media companies be responsible for judging if content subject to a takedown is covered by fair use?
  • Are the current rules regarding fair use and filing false takedown notices clear enough to stop such filings?
  • How should the law handle takedowns over content that is fair use?
Resolution: The story of the takedown got widespread press attention and Rafael Shimunov even put up an online petition asking Twitter to put the video back up. However, over a year later, at the time of writing this story, that video remains removed on Rafael's own Twitter feed, though it has been put back on others.
Originally posted on the Trust & Safety Foundation website.

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posted at: 12:00am on 24-Dec-2020
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Esports Milestone: Esports Becomes A Medal Event At The Asian Games

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While we've continued to cover the rise of esports as an emerging force in the competitive games marketplace, the rise in popularity and adoption of it have started to grow exponentially. Some of this has to do with the COVID-19 pandemic, with esports first taking the place of shut-down IRL sporting events and then cementing its position as a viewing spectacle almost perfectly designed to be consumed from home. But the fact is that the growth and rise of esports was occurring prior to the pandemic and was always going to continue its rise, with professional sports organizations jumping on board, and major marketing and apparel players in the sports world jumping in as well.But one major milestone that has eluded esports thus far has been to be included in major regional and international competitions. The Olympics, for instance, has reportedly considered adding esports to its games, but previously there has been a lot of shade thrown on the topic by IOC officials as well. That's why it's somewhat notable that the Asian Games in 2022 will feature esports as a medal event.

Organisers of the Asian Games that are expected to commence in Hangzhou, China in 2022 have announced that they will make esports as an official medal event, marking a historic moment in the field of competitive gaming.In case you were wondering that such an inclusion happened all of a sudden, it actually wasn’t. In the previous Asian Games that were held in Jakarta in 2018, esports was included as a demonstration sport, featuring competition between six popular games -- Arena of Valor, Hearthstone, League of Legends, StarCraft II, Clash Royale and Pro Evolution Soccer 2018. At this event, China claimed two gold medals while Indonesia, South Korea, Japan and Hong Kong took one gold medal each.
In other words, while esports have had events in the Asian Games previously, this is essentially the codification for their inclusion by making them official medal events. This is notable in that the Olympics tends to incorporate the trend lines for what games to include from these smaller, regional international competitions. Does that mean we'll definitely see an Olympic medal esports event in 2024? No, not definitely.But the smart money would certainly be on seeing such events in the Olympics eventually, and likely in the near term, given the rising popularity of esports.

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posted at: 12:00am on 24-Dec-2020
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