The Bungie Lawsuit Is INSANE!!

what's up everybody this is the act man here and today i thought it'd be fun to take a look into the absolutely insane lawsuit that bungie has just filed this is some truly big dick energy and it highlights a ton of major issues and exploits on youtube if you missed the memo bungie is suing a youtuber by the name of lord nazo for the grand total of 7.6 million dollars die for allegedly impersonating a company meant to protect bungie's copyrights to destiny 2 and issuing 96 dmca takedowns in their name some of which were even against bungie now obviously filing legal documents under someone else's name without their knowledge is extremely illegal and for goodreads stop you violated the law since you lack the funds to pay the court you must now serve out your sentence your stolen goods are now forfeit in the same vein that you know framing someone for murder is also illegal so two things how and why well it's a very long story and the answers to these questions are far more ridiculous than you can possibly imagine but it all comes back to music on youtube but before we jump into it it's recon time this video is sponsored by raycon and their ultra sexy everyday earbuds with optimized gel tips that cuddle up inside your ear like a cute little hamster they're comfy that's what i mean and they don't fall out of your ears ever see that my glasses suck unlike raycon [ __ ] these earbuds are perfect for long trips as they have eight hours of playtime and a 32-hour battery life that means you could listen to my voice for eight hours straight and i'd love to see what the consequences of doing that are the everyday earbuds are so small you can fit them in your pocket wherever you go which is perfect for me because i like to go on a lot of runs and it's wireless too so i'm not fighting a cord as i'm sprinting down the highway quality audio at half the price of other premium brands that's raikon's promise to you so it's no surprise why the everyday earbuds have over 50 000 5 star reviews but the deal gets even better if you click the link in the description or go to buy recon dot com slash act man you'll get 15 percent off courtesy of your boy now that's affordable so what are you doing go down to the description and order your everyday earbuds today thank you raycon for sponsoring this video and now for something completely different when it comes to massive corporations like this they pretty much need entire departments dedicated to protecting their brands and enforcing copyright because if they don't then well whether someone's stealing your material and distributing it or in the case of a video game if someone was selling cheats that negatively affect the online viability of that product slash game as a company you'd want to do something about that die coincidentally bungie recently won a lawsuit against a website that was selling cheats for destiny 2. these types of websites obviously have the power to compromise a game's integrity and people that sell cheats like that deserve to be eaten by piranhas in my opinion now when it comes to music personally i think there's a certain value to archiving things that a company doesn't wish to archive or offer on their own if there's no alternative and this music isn't reposted anywhere then it's simply lost to history but that doesn't mean companies are gonna feel the same way and while there's still a debate around morally enforcing copyright bungie is fully within their legal rights to take stuff like this down should they choose to now the thing about music on youtube is most times it's automatically detected in the copyright system so if something triggers the bot you get some kind of warning before the video goes public and that's usually where most copyright disputes end because hey we're gonna take all the revenue from this video uh no you're not i'm gonna re-edit the video there now i get the money [ __ ] however if your content is just re-uploading music that doesn't belong to you well you're in a bit of a sticky situation most companies would rather leave these videos up and simply take the revenue as opposed to striking them outright and i can definitely understand frustrations with bungie and music because destiny 2 got some kick-ass tunes [Music] people want to listen to that and they didn't even release music of the spears for like three to four years not to mention their lawsuit and falling out with marty o'donnell was heart-wrenching like bro paul [ __ ] mccartney worked on this music how do you not publish it the point is there exists some bad blood between bungie and its community when it comes to how they deal with copyright stuff like this and it was that bad blood that caused one person to change the whole system and burn himself at the stake while doing it would you believe the story of massive lawsuits actually begins with the copyright system on youtube working as intended a shocking thought to most right uh lord nazo is a victim of his own machinations he had a channel with roughly 3 000 subs and was re-uploading destiny 2 music and at one point was hit with a bunch of takedowns that got his channel terminated this is the short version okay we'll get into the long so lord nazo sat in his cold dark apartment and he schemed up a plot that any anime super villain would be proud of he would inflict the same pain he felt onto others mounting a crusade against his fellow content creators and bungie themselves 96 fraudulent illegal copyright takedowns that is the number bungie's lawsuit is public it is 33 pages of pure corporate rage so i've never read a legal document on video before this will be new this will be new so basically bungie's saying that in december 2021 they started uh cracking down on copyrighted material on youtube among those takedown notices was the youtube channel of lord nazo who had posted music from bungie's original soundtrack in violation of bungie's intellectual property policy here's where it gets funny in bungie's experience most youtubers who received the mca takedown notices voluntarily delete the infringing video and make an effort to avoid future infringements like that's ever gonna happen miner chose a different path guy after receiving the takedown notice miner left his infringing video up for the maximum amount of time possible until late january 2022 when youtube deleted it and instead created a gmail address intended to mimic the syntax of the email address csc used so this is already very strange i mean yeah it's like you get hit with copyright strikes most people like value what they're doing and try to avoid that in the future but if you're just re-uploading music you can't be shocked when it happens to you 96 separate times miner used his fake csc gmail addresses to exploit the hole in youtube's dmca process security that allows anyone at all to claim to be representing a rights holder for purposes of issuing a takedown with no real safeguards against fraud and we're going to see more of this as we read just how easy and scary it is that something like this can happen 96 times miners sent dmca take down notices on behalf of bungie identifying himself as bungie's brand protection in order to have youtube instruct innocent creators to delete their destiny 2 videos or face copyright strikes disrupting the community and this is like like copyright strikes are a big deal number one if you get them for [ __ ] reasons it's like okay well there goes my video that i spent however many hours working on you either have to delete it or you know re-upload the video and sometimes if if videos get struck with copyright like years later all those views go away you know what i mean so it's a really big deal and it and it basically is a weapon you can use on youtube for people you don't like and you can engage in subterfuge and impersonate companies to send strikes to people you don't like it's [ __ ] up all the while lord nazo was taking part in the community's discussion of bungie's takedowns spreading disinformation we'll see more of this this caused bungie's significant reputational and economic damage for obvious reasons so like i said there was some bad blood between bungie and its communities with regards to copyright and this only made things worse so this made bungie look really bad nobody has one in this situation innocent creators got their videos taken down bungie was framed for doing things they didn't do and it also causes confusion because it's like wait a minute you say this bungie you say this type of content is okay but now we're getting struck so not to mention bungie had to devote significant internal resources to addressing it and helping its players restore their videos and channels an effort complicated by the fact that while youtube has a form that allows anyone to claim to represent a copyright holder and issue strikes it has no dedicated mechanism for copyright holders who are being impersonated to let youtube know about the dmca fraud there is nothing preventing people from doing this that's a scary thought you could use youtube's current system to commit fraud to commit perjury to literally break the law and unless the person who's a victim of that wants to take you to court youtube won't do anything about it this meant that bungie had to work through several layers of youtube contacts over a period of several days before it could adequately communicate and begin addressing the problem so it's like even bungie a multi-billion dollar company had to jump through hoops to [ __ ] figure out what was going on yeah and like i said miner no doubt relied on his presumed anonymity to protect him as he embarked on his campaign but as detailed below he left more than enough traces for bungie to conclusively identify him once google produced its data on the fraudulent email addresses bungie thus brings this action to recover from miners illegal conduct and frankly to demonstrate that serious consequences await anyone else foolish enough to volunteer as a defendant by targeting bungie's community for attack damn that line was fire are you kidding me like when has a lawsuit ever been interesting to read foolish enough to volunteer as a defendant it's also good to hear from a corporate perspective uh how they value people that make content on their games which is what they're saying right here and you can tell the person who wrote this lawsuit is still trying to you know sell the idea of destiny too like you know so but what's important bungie generates revenue from destiny 2 if and only if its players find the game experience so compelling and enjoyable that they want to buy additional content as a result the level of connection and community that bungie players share directly affects bungie's bottom line and it does because people have to enjoy the game and also not be turned off by the business practices of that game or [ __ ] the company is doing so people are seeing bungie as like this evil corporation that's striking videos that are fair use that reflects poorly on them and people do stop playing games for those reasons and what 96 false dmca strikes do to the community is it's intangible to think about it scares people into not producing further content thereby making people talk about the game less potentially having less people play it simply uploading songs from bungie's soundtrack or ripped from the game files does not comply with bungie's ip policy they use csc as a vendor to handle dmca takedown notices for infringing content youtube's dmca reporting form requires the party to use a google account at no point does csc issue takedowns on youtube related to destiny without specific approval from bungie's legal department it's a form it's a form you gotta fill out and they want people to do that for them csc maintains a record of the dmca takedowns it executes on bungie's behalf so again like this guy is screwed bungie has all the evidence all the receipts everything on or about december 20th with bungie's approval they issued strikes on miners uploads of the music miner neither voluntarily deleted the infringing video nor provided youtube with a counter notice claiming his use was not infringing instead he simply left the video up until youtube deleted it so it's like how can you be mad you didn't take any action to prevent this dude you have done that yourself you went on this spree because you were obviously pissed off it's almost like lord nazo believed he had a right to re-upload this music morally maybe yeah you could make an argument but legally you have to understand that you're breaking the law stop right there criminal scum nobody breaks the law on my watch miner tweeted his recognition that the dmca takedown was a legitimate takedown these were legitimate takedowns against lord nazo on february 5th miner used his gmail account to submit a false dmca takedown on bungie's behalf probably testing the waters before you know the genocide and mass execution of videos he was testing the waters here after purchasing the witch queen ost miner began uploading tracks from the ost to his channel so this was after he already got a strike and he went right back to doing it bungie also says that on march 2nd csc initiated a series of takedowns 41 in total that were all directed towards music re-uploads among those were 23 early march takedowns of videos on lord naso's youtube channel because miner was a repeat offender youtube disabled the lord nazo channel on march 3rd and this was the catalyst i like how after his channel was deleted he was like yeah no i'll take it down i'll take it down if it means my channel gets deleted it's like bro too late you should know how this works on march 16th so he created the fake gmails before all this happened after he got strikes so he planned this on march 16th he made a tweet about it and then on the next day began submitting a wave of unauthorized dmca takedown notices he submitted 38 takedowns in one day they also had evidence that nazo swapped his accounts on accident submitted a takedown for one gmail realized he made a mistake and then submitted the same takedown on a different gmail so it's like these are kind of red flags that youtube should probably be looking out for if an account just shows up out of the blue and it's like hey 38 copyright takedown submitted in one day you know shouldn't there be like a screening process or someone who looks over your credentials before allowing you to submit copyright takedowns on the platform i feel like that would just lessen the amount of abuse on it because of the duplication of those takedown requests on march 18th youtube flagged both notices as fraudulent and asked miner to provide documentation of his authority to represent bungie as the copyright holder both times that youtube requested documentation miner responded the same way i hereby retract my claim of copyright infringement miner identified himself as bungie's authorized agent when submitting the takedowns providing a corporate address phone number and address of an authentic csc website in delaware to do so i am part of csc brand protection that's that's all you have to say yeah i'm a part of this company bro trust me that's my source on march 18th miner sent another five fraudulent takedowns and on march 19th he submitted another 53 over those three days in march miners submitted 96 fraudulent takedown notices targeting 95 videos posted by many members of the destiny community with some of these creators having almost a million subscribers or half a million so these are these are big people people who are likely working full-time that get hit with this [ __ ] copyright and it's like you go into panic mode especially people that have their channels based around destiny content they're now thinking like oh my god what about my other videos indeed bungie's own official destiny youtube channel got hit with a dmca this company meant to represent bungie is issuing strikes against bungie's channel hmm i mean it's not like a human being has to look over this couldn't a bot like recognize that a company is submitting takedowns to itself like so bungie actually had to subpoena they had to like submit a legal document saying hey you need to forward us this information to which youtube did and they also got records of lord nazo's appeals and what he wrote in those i believe my videos were flagged by mistake due to parts of them bearing resemblance to the original music they were derived from so he he thinks he's doing the right thing miner's attack sent shock waves through the destiny community community members described the loss of the falsely struck content as heartbreaking horrible and legitimately a tragedy i'm scared to make new destiny videos let alone keep the ones i've already made up and i'm just worried that my channel is gone forever because of this miner also disseminated misinformation in various ways helping to exacerbate the community reactions to the fraudulent takedown notices and hoping to obscure his role as their source so he was in the trenches acting like he was fighting a good fight against whoever might have been doing this it was bungie yeah let's go get em fellas nazo tweeted out on march 18th the day he sent out a bunch of copyright strikes it seems like it's not just the music community getting hit either someone is making false copyright claims on behalf of bungie or their csc is out of control and this also makes it shittier in my eyes because not only are you issuing false strikes but you're like he describes the very process by which he did it pretending like he didn't and you know putting forth these uh theories on march 20th responding to a bungee tweet explaining that they were not behind the takedown notices miner tweeted i just knew it wasn't you guys i couldn't believe that you do this to us after eight years i'm so glad i was right press x to doubt it's kind of like like this guy is like jesse smalling you know he's pretending to be a victim of something in order to leverage some kind of social movement but that movement is immediately defeated because it's built on a lie here's where it also gets crazy on march 26 miner attempted to defraud youtube into restoring his videos saying these were part of fraudulent takedowns so he was also using the situation he created to try to convince youtube that you know false takedowns were being submitted and that's what happened to him it's like the manipulation at play i can see why bungie is actively pursuing a lawsuit so on march 18th the first complaints went out and bungie's deputy general inquired with their company csc to be like hey what's what's up with these takedowns mr barker then forwarded the image of the takedown noting the oddity of the fact that the takedown notice indicated the content was removed by bungie incorporated when any removals handled by csc would not have used that language and budgie had not authorized anyone else to issue takedown so the uh the wrapping paper is starting to unfold if you will now this is probably the the saddest yet funniest part of all this csc issued a retraction notice requesting reinstatement of the video but on monday march 21st it reported that youtube had denied the retraction request because the retraction was not sent from the same email that had issued the initial fraudulent takedown what so the real company is trying to say hey this was wrong and youtube's like too bad like that's just crazy to me over a period of four days bungie engaged in repeated urgent and escalating communications with google leveraging all of the company's contacts and attempting to get youtube to stop the attack prevent future attacks restore videos and provide information on the fraudulent accounts so that bungie could do something about it while bungie's legal department management and executives were attempting to negotiate the byzantine procedural labyrinth google required before it would address the fraud nasal was committing let alone identify him to bungie miner was gloating confessing and threatening i love that byzantine procedural labyrinth unless you have a personal contact at youtube or you get the attention of team youtube staff you're screwed and you can tell bungie was pissed about that like why does it take us so much effort lord nazo also began sending threatening emails to csc with the subject line you're in for it now and telling them better start running the clock is ticking he he sent these people an email hope striking everyone's content was worth it asshat you've now got bungie's full attention you really ought to grow up and get a life instead of tormenting people from behind a screen like a [ __ ] coward the lack of self-awareness is divine so not only is he trying to frame bungie for these attacks but then he started framing csc for them almost like he's trying to get bungie to attack them like he's he caused this massive war and then everyone's like wait why are we fighting this is the guy who did everything so destiny two community members found his manifesto from the jeffrey windland account which took credit for the fraud and bungie writes the manifesto reads like a hack need look what you made me do letter from the serial killer in a bad novel [Applause] they're they're [ __ ] roasting this guy in the lawsuit they're writing against him greetings i'm one of the people who filed false takedowns on videos uploaded by you and others in the destiny community i could tell you how i got youtube to think i was a legitimate representative for bungie all it took was a single sentence no documents no license no private information youtube needs to step up and require some form of verification before people can submit copyright takedowns because people that file copyright takedowns legitimately and fairly and legally should be allowed to do so and they're painted in a bad light because of instances like this where misinformation can spread and companies that are blamed for takedowns they didn't file so this system doesn't even favor legitimate copyright holders it only favors the abusers the first few channels that were hit by takedowns didn't seem to grab anyone's attention so i had to escalate the matter if i hadn't escalated the issue many people would not have had their takedowns removed it's kind of like a bank robber uh you know robbing a bank and being like look at how bad your security is don't you see how easy it was for me to steal your money stop wait why am i in trouble for robbing this bank you know it's like dude you don't have to break the law to make the point i intended to get caught so that bungie would take heed of the corruption that has been ensuing in the center of their youtube community shut the [ __ ] up you did it because you were pissed all this was a ploy was so that lord nazo could be given his channel back and continue to re-upload soundtracks from destiny 2. that's what this is all about at 3 18 p.m on march 22nd google finally confirmed that the accounts that submitted the fraudulent requests have been terminated and all fraudulent submissions would be reversed but google would not share any information identifying the user without a law enforcement request or civil process this i can at least understand but at the same time that's another barrier like if an individual creator is affected by this they have to file the subpoena or they have to get lawyers and you know youtube doesn't have to offer those services but it's like damn that just [ __ ] sucks you need lawyers if you're gonna fight copyright abuse on youtube fortunately for the people whose videos were targeted by the fraudulent takedown notices bungie had the financial resources to begin that civil process in order to meet google's requirements on june 10th google responded to a subpoena served by bungie in this action providing them with all the details on the accounts that had submitted them so it's like these happened in march and they got the information on the person who committed it three months later it took three months if someone doesn't have to provide any sort of documentation to file copyright strikes then why do we need to provide documentation or a subpoena in order to get that information i i don't understand and this information included everything the ip addresses that he used with those emails the dates that he created them all the emails and takedowns he requested the reasons why everything he wrote was finally provided three months later and this is when bungie started connecting all the dots and honing in on a suspect they found his ip address they connected that with the emails with all the takedowns and everything they saw that he had logged in to play destiny 2 on that same ip address and that the witch queen soundtrack he bought was delivered to the address there i think lord naiso proved his point that more protections need to be put in place for false copyright takedowns however he was not a victim of that in the same vein that jesse smullet is right that yeah hate crimes are bad jesse smullet wasn't a victim of a hate crime so yeah that's pretty much what i have to say on the matter you can find this legal document in the description below recommend reading it hopefully with bungie's might and the power of having billions of dollars to hire lawyers with a statement will be made about further abuse of the copyright system on youtube but that's kind of the thing if you aren't willing to go through the trouble of a civil lawsuit then nothing's going to happen that's what bugs me the most justice is only reserved for people with money time and patience i feel like if you're going to have your copyright enforced on youtube fairly then you need to be entered into a system where you are approved kind of like how you can't make money on youtube unless you're entered into a system and approved that's why people do it because they literally don't think youtube is going to do anything about it so i have mad respect for bungie for doing this and i hope they win this lawsuit and i hope this guy learns his lesson unfortunately he might be in debt for the rest of his life but hey man you [ __ ] around you're gonna find out thank you all for watching hope you enjoyed the video leave a like if you did and subscribe to the act man for more awesome content thanks to raycon for sponsoring this video check out the everyday e25s alright everyone that's all i got for today this is the act man signing out peace

Channel: The Act Man

Views: 1,127,242

Keywords: act man, the act man, bungie, bungie lawsuit, destiny, destiny 2, destiny 2 lawsuit, actman, lord nazo, destiny 2 ost, destiny 2 copyright, copyright strike, destiny 2 soundtrack, witch queen, destiny 2 with queen, witch queen ost

Id: 3md72nTTgjg

Length: 27min 36sec (1656 seconds)

Published: Thu Jul 21 2022