Thursday, June 25, 2009

TELUS Idol Youtube Trial



People have been asking me about how the Youtube trial is going in San Francisco so I thought I just make a short recap of the facts.
I posted the intro here: http://www.cupwnewvision.org/telus_censorship.htm

And here: http://www.cupwnewvision.org/court/

Not long after my case with Telus, Canada Post followed suit and made their own fraudulent copyright claim on another video on Youtube which was also picked up by Michael Geist and the Tyee: http://thetyee.ca/Mediacheck/2009/01/27/YouTubeCensor

The two most significant documents in my trial with Telus are two letters Telus sent to Youtube. I received a copy of the second letter from Youtube with a copy of their application. Telus never served me a copy of the application until I had filed my response in the court and objected to not being notified and objected to them proceeding ex parte. (without me)

Interesting to note in their court application they claimed Telus Idol was called Telus VOIP and that it was an original work about Telus’ voice over Internet protocol. That was a bold faced lie and is likely the reason they didn’t send me a copy of their application and hoped to proceed in my absence.

I received a copy of their original letter to Youtube with the actual fraudulent copyright claim later in the trial. They submitted it as an exhibit with one of their opposition briefs to my motion to strike and my motion to dismiss. You can download a copy of it from here: http://www.cupwnewvision.org/court/

The two facts of interest that rise are their fraudulent claim to home videos they did not take and news clips they have no copyright claim on as well as their bizarre claim that Telus Idol was called Telus VOIP and was about Voice over Internet Protocol. I’ve submitted the McLibel decision as case law:

Wherein two ordinary people took on McDonald’s and won massive damages in their counterclaim from an International court because they were falsely accused of liable: http://www.youtube.com/watch?v=LyGK5j_EcmE

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