Electronic Frontier Foundation v Watch Tower Society

by Corney 19 Replies latest watchtower beliefs

  • Vidiot
    Vidiot

    I still roll my eyes when I recall the bit about the WT claiming that a stop-motion video made with Lego somehow caused them "irreparable damage".

    Every time I think they couldn't possibly say something to make themselves look stupider, they surprise me.

  • gone for good
    gone for good

    Thanks Comey

    Couple pages of good arguments in the motions. Interesting to see the statements and approaches used by "legal" on both sides.

  • Tenacious
    Tenacious

    The governing women are afraid their little kingdom is being exposed and they are trying to stop it with their free in-house attorneys. And when that doesn't work (because they paid for their education and counted pennies) they hire real attorneys with real bonafide education.

    What's wrong boys? You can't control the narrative? You can't fathom seeing your demonic teachings being exposed? Bahahaha. Reap it you vermin.

  • Corney
    Corney

    After two years of inactivity, Judge Roman (SDNY) today has allowed Kevin McFree to challenge the subpoena and ordered the parties to brief the case, which may be heard this year.

    https://www.courtlistener.com/docket/7182176/watch-tower-bible-and-tract-society-of-pennsylvania/?order_by=desc

  • Corney
    Corney

    For those interested, the case has been fully briefed this fall, and the recently filed court papers are available here: https://www.courtlistener.com/docket/7182176/watch-tower-bible-and-tract-society-of-pennsylvania/ (entries nos. 18-24).

    To summarize the case, it's about Watch Tower Society's attempts to unmask Youtube user kevin McFree, the creator of "Dubtown" Lego animation series, who on May 18, 2018 posted a video titled “DUBTOWN – Family Worship July Broadcast.” The 13-minute video included "roughly seven and a half minutes of footage" from the leaked July 2018 JW Broadcast video.

    On June 11, 2018, the former video has been removed by Youtube. Eight days later, a DMCA subpoena request filed by WTS was granted by the US Court for the Southern District of New York, which means Google/Youtube was "commanded" to produce "all identifying information" relating to the user, who challenged the subpoena, represented by pro bono counsel Malcolm Seymour (now works in Foster Garvey PC). In August 2018, both parties presented their arguments as to whether the motion to quash, filed with a five-week delay, should be allowed to proceed; four months later, the counsel for WT urged the Court to act quickly and to dismiss the challenge. Twenty months later, on August 27, 2020, Judge Román allowed the motion to proceed. The user now asks to either quash the subpoena or to allow him proceed anonimously.

    The case centers around fair use. The following factors weigh in favour of fair use: the Dubtown video heavily alters and edits small portions (nearly 15% in total) of the JW video (disputed by WTS, which presents it as a compilation of numerous videos) for purposes of "criticizing and lampooning," and the Youtube channel wasn't monetized. What weighs against fair use, is that the broadcast video (at least the relevant parts or it) is expressive and creative, was then unpublished (but intended for publication) and not even complete, and that the Dubtown video was accompanied with a solicitation for donations. Watch Tower also claims there is no enough evidence at this time to properly assess the fair use issue. Finally, there is a dispute as to whether fear of disfellowshipping entitles Kevin McFree to anonymity.

    The subpoena, issued on June 20, 2018, hasn't been complied so far, and Google will not provide any information relating to the user until - and unless - his challenge is dismissed.

    Further developments will be reported here.

  • Corney
  • Corney
    Corney

    Yesterday, the US court for SDNY ruled in favor of Kevin McFree and quashed the subpoena.

  • DesirousOfChange
    DesirousOfChange

    Did my best to stumble through 20 pages of legalese there and I'll be damned -- it looks like the Court got the decision right! Congrats Kevin!

    What a huge kick in the balls to WT. They lost what must be a very expensive legal case to a freaking Lego Man!

  • road to nowhere
    road to nowhere

    Even " good" witnesses find humor in the goings on at the hall, if they will admit it.

    Hope we will find new lego movies and the animated ones.

  • dropoffyourkeylee
    dropoffyourkeylee

    I got a laugh out of his animations, and I hope he makes more.

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