Mirror Stardusk on the validation question

Audio side (all I have for now) of the video that got flagged and deleted on Stardusk's channel, resulting in a copyright strike, and subsequently limits Stardusk to making 15 minute videos only.

Stardusk's channel:
http://www.youtube.com/redirect?q=http%3A%2F%2Fwww.youtube.com%2Fuser%2FStardusk&session_token=zMflQjPKWnFseTthapBVvRHxZpJ8MTM4NjYxMzE1N0AxMzg2NTI2NzU3

-Like with thosepeskydames, the flagger uploaded the video in question to youtube himself. Stardusk took a shot from the video and used it as a still for a couple of seconds (!) in his video.

This is NOT a copyright infringement. This is fair use. The flagging of Stardusk's video and the subsequent strike on his channel is nothing but a knee-jerk reaction of a douche, or a simple attempt to bully and harass people with opinions not in line with his own.

It should be noted, that in order to defend oneself against copyright infringement claims, one has to accept that all personal information is sent to the plaintiff by YT. Since there is no way of knowing the plaintiff is who he claims to be, the potential for abuse (ie. doxxing) only helps build the case against bullies who use this strategy to leave anonymous users defenseless.

Video infringed upon
http://www.youtube.com/redirect?q=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DCbk980&session_token=zMflQjPKWnFseTthapBVvRHxZpJ8MTM4NjYxMzE1N0AxMzg2NTI2NzU3

Flagger's channel
http://www.youtube.com/redirect?q=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fhughnewma&session_token=zMflQjPKWnFseTthapBVvRHxZpJ8MTM4NjYxMzE1N0AxMzg2NTI2NzU3

Flaggers facebook
http://www.youtube.com/redirect?q=https%3A%2F%2Fwww.facebook.com%2Fkurtkuennefi&session_token=zMflQjPKWnFseTthapBVvRHxZpJ8MTM4NjYxMzE1N0AxMzg2NTI2NzU3

Flaggers twitter: @KurtKuenne

NB: all 'identifiers' above provided on the flagger's own channel.


===YT global TOS, excerpt from section 6 C: ==========
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
.

http://www.youtube.com/redirect?q=http%3A%2F%2Fwww.youtube.com%2Fstatic%3Ftemplat&session_token=zMflQjPKWnFseTthapBVvRHxZpJ8MTM4NjYxMzE1N0AxMzg2NTI2NzU3

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===YT guidelines for fair use:======================

1: The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

Courts typically focus on whether the use is "transformative." That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. Nonprofit educational purposes tend to be considered fair more often than commercial uses, but it is not automatic one way or the other.


2: The nature of the copyrighted work

Using material from largely factual works is more likely to be fair than using purely fictional works.


3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole

Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the "heart" of the work.


4: The effect of the use upon the potential market for, or value of, the copyrighted work

Uses that harm the copyright owner's ability to profit from his or her original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.

http://www.youtube.com/redirect?q=http%3A%2F%2Fsupport.google.com%2Fyoutube%2Fbin&session_token=zMflQjPKWnFseTthapBVvRHxZpJ8MTM4NjYxMzE1N0AxMzg2NTI2NzU3

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