DMCA takedown

youtuber-won-dmca-fight-with-fake-nintendo-lawyer-by-detecting-spoofed-email

YouTuber won DMCA fight with fake Nintendo lawyer by detecting spoofed email

Defending his livelihood, Neumayer started asking questions. At first, that led to his videos being reinstated. But that victory was short-lived, as the supposed Nintendo lawyer only escalated his demands, spooking the YouTuber into voluntarily removing some videos, The Verge reported, while continuing to investigate the potential troll.

Reaching out directly to Nintendo helped, but questions remain

The Verge has all the receipts, sharing emails from the fake lawyer and detailing Neumayer’s fight blow-for-blow. Neumayer ultimately found that there was a patent lawyer with a similar name working for Nintendo in Japan, although he could not tell if that was the person sending the demands and Nintendo would not confirm to The Verge if Tatsumi Masaaki exists.

Only after contacting Nintendo directly did Neumayer finally get some information he could work with to challenge the takedowns. Reportedly, Nintendo replied, telling Neumayer that the fake lawyer’s proton email address “is not a legitimate Nintendo email address and the details contained within the communication do not align with Nintendo of America Inc.’s enforcement practices.”

Nintendo promised to investigate further, as Neumayer continued to receive demands from the fake lawyer. It took about a week after Nintendo’s response for “Tatsumi” to start to stand down, writing in a stunted email to Neumayer, “I hereby retract all of my preceding claims.” But even then, the troll went down fighting, The Verge reported.

The final messages from “Tatsumi” claimed that he’d only been suspended from filing claims and threatened that other Nintendo lawyers would be re-filing them. He then sent what The Verge described as “in some ways the most legit-looking email yet,” using a publicly available web tool to spoof an official Nintendo email address while continuing to menace Neumayer.

It was that spoofed email that finally ended the façade, though, The Verge reported. Neumayer detected the spoof by checking the headers and IDing the tool used.

Although this case of copyright trolling is seemingly over, Neumayer—along with a couple other gamers trolled by “Tatsumi”—remain frustrated with YouTube, The Verge reported. After his fight with the fake Nintendo lawyer, Neumayer wants the streaming platform to update its policies and make it easier for YouTubers to defend against copyright abuse.

Back in May, when Ars reported on a YouTuber dismayed by a DMCA takedown over a washing machine chime heard on his video, a YouTube researcher and director of policy and advocacy for the Electronic Frontier Foundation, Katharine Trendacosta told Ars that YouTube’s current process discourages YouTubers from disputing copyright strikes.

“Every idiot can strike every YouTuber and there is nearly no problem to do so. It’s insane,” Neumayer said. “It has to change NOW.”

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Few truly shocked that NFL player used illegal stream to watch his own team

Had Woolen been visiting his native Fort Worth, Texas, the local Fox affiliate likely would have been showing Detroit playing Minnesota. This would have meant purchasing a streaming service subscription to view the Seahawks (or, realistically, signing up for a free trial) after doing considerable research to determine the rules around local blackouts.

Woolen is actually lucky, presuming he only wants to watch his own team. A Sunday Ticket or similar package, or good Fox reception, would have carried Woolen through the next six weeks of Seahawks games (one of them a bye week) and then again until the Seahawks play Arizona on December 8 on CBS. On December 29, a Thursday, he would need a local broadcast or Amazon Prime to watch.

Of course, Woolen would waste a good portion of the cost of any streaming or cable package once he actually returns to his team and is playing games instead of watching.

Header from a letter sent by the UFC, NBA, and NFL to the US Patent and Trademark Office requesting faster turn-around for DMCA takedown notices relating to live sports streaming. Credit: US PTO

Networks want a faster DMCA for game piracy

So Woolen could do that kind of location/network/price/date work to find the best legal broadcast option. Or, as suggested by a DMCA takedown notice submitted to Google by Fox for that Sunday, turn to any one of dozens of pirate streams of the Seattle game available that day, including the MethStreams service he ended up on.


These streams tend to stay up, because removal measures by broadcast networks and sports leagues are not all that effective, by their own admission. The UFC, NBA, and NFL have asked the US Patent and Trademark Office to update the Digital Millennium Copyright Act to allow for infringing content to be removed “instantaneously or near-instantaneously.”

Currently, service providers like Google “frequently take hours or even days to remove content in response to takedown notices,” the sports leagues claim, which makes such takedowns beside the point when they arrive after a live event is over.

Woolen himself may not have a larger argument with availability versus prices. Responding to Kleiman’s salary/streaming call-out, Woolen wrote: “It’s free it’s for me,” prepended by two “Face with Tears of Joy” emoji. But even if the NFL wanted to provide players like him with a legitimate option to stream every game, from anywhere in the US, on any given day, it could not, because it does not exist.

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