Update Aug 1st 2013
Rotolight has issued a “Official Statement” on the recent press they have been receiving. You can go to their site to see it I want link to it. It basically boils down to 4 paragraphs of self promotion with one paragraph of “someone” else told us to do it, here is some free stuff for Den leave us alone… think of our families! Not exactly the mea culpa I would have thought a company would do. The fact is this is now the 3RD story we have heard from the company on why they took the action, each of them different… first it was trade mark, then it was not a representative test, now it is the unit was faulty! What a crock… what none of this still addresses is the fact a DMCA was file with Vimeo, even though in their statement they blame everyone else for reporting that they issue was copyright. You know why would anyone think that since you used something called Digital Millennium Copyright Act to get the video removed. It seems that Rotolight is blaming a whole lot of others for their actions.
Ken White at Popehat has a lot more questions on his post Rotolight Tries To Unring The Censorious Bell including evidence from a commentator that the Rotolight CEO’s Wife is an entertainment lawyer who wrote a book on copyright law, so I would think pleading ignorance would be ludicrous.
The video that started this all has been reinstated by vimeo, I take it that Den filed the Counter DMCA you can see it here: Kino Flo Celeb vs Rotolight Anova side by side test Looking at the stats, it has had more places since it went back up then it had the entire time it was live.
While spending some time on my Facebook feed I came across a post I missed earlier by a friend of mine Den Lennie talking about censorship from a test he did on some lights. It would seem that the company Rotolight didn’t fare as well as they would have liked and decided to file a DMCA notice with Vimeo. This is a disturbing trend that companies are trying to use to remove tests that they don’t like, and even bigger brands are trying to use it as GoPro tried to do with a review it didn’t like. Though GoPro upper management realized it stepped in it and backtracked a bit saying it was just the images they were filing on not the review content.
Rotolight Admits Fault
Even worse it would seem that even from their own postings Rotolight knows it used the DMCA incorrectly, though based in the UK it would seem they wouldn’t be subject to the DMCA penalty provisions for fraudulent filing, which is too bad, I would love to see them pay damages. They didn’t like the test results and decided the quickest way to take care of it would be to file a DMCA.
And after they didn’t get the response they wanted they come back and cast aspersions on Den’s abilities to conduct a test. I have known Den for a few years now, from back when I worked for Zacuto and I can tell you he does a bang up job when he tests out his equipment and he is very honest about the results.
What to do about a fraudulent DMCA?
I gave this advice to Den and hopefully he is going to file a Counter DMCA claim to Vimeo. This basically is a statement to the host that took down the content that you do not believe that the content infringes on the copyright. You can generate the counter claim using the DMCA Counter Notification Generator on ChillingEffects.org.
Outside of improperly using a DMCA for a trademark infringement, there is no trademark protection for using a company or products name in a product comparison or news reporting. Can you imagine that anytime a company didn’t like its name being used in a news article they could sue for trademark infringement? Rotolight has clearly overstepped themselves here and was just hoping Den would go away. I think its important for companies that use these strong arm tactics to be exposed as widely as possible.
Den Speaks Out
Here is a video that Den posted on his Facebook about the subject:
What Can You Do?
Let Rotolight know that you do not appreciate their tactics. They can be found on Twitter @Rotolight and Facebook. If you want to support Den the post that he lays this all out on is at https://www.facebook.com/DenLenniefstopacademy/posts/10151464572881442 go by and leave a comment or give a like!