The Last Bastion part 4: Teaser Trailer

Post by **Vympel** » 2007-04-11 03:53am

So what now then?

Ritterin Sophia · Post by **Ritterin Sophia** » 2007-04-11 04:53am

Poe switches to a new video uploader, and hopefully he contacts Paramount to inform them that the little dweeb is claiming copyright on Bridge Commander.

Bounty · Post by **Bounty** » 2007-04-11 05:32am

Lord Poe wrote:
Elfdart wrote:Did they tell you you or just yank them? I'd love to see any e-mails.
Nope, they permanently locked my account.

Didn't you have a Director's account? Surely that must give you some credit with YT, enough for them to look into this properly when you complain.

CaptHawkeye · Post by **CaptHawkeye** » 2007-04-11 06:33am

Lord Poe wrote:
Elfdart wrote:Did they tell you you or just yank them? I'd love to see any e-mails.
Nope, they permanently locked my account.

Oh I bet this little fucker is just loving this. He'll need to, since self love is the best thing he'll ever get.

Vohu Manah · Post by **Vohu Manah** » 2007-04-11 12:04pm

Since he filed a DMCA claim, have you filed a counter claim? Upon receipt of the counter claim, Youtube may be required to restore your account and videos.

Jim Raynor · Post by **Jim Raynor** » 2007-04-11 02:10pm

Just found out about this, and it's unbelievable. Don't just switch over to another video uploader and let this slide. If this guy really did commit perjury, then don't stop until he faces the the consequences.

Lord Poe · Post by **Lord Poe** » 2007-04-11 02:34pm

Vohu Manah wrote:Since he filed a DMCA claim, have you filed a counter claim? Upon receipt of the counter claim, Youtube may be required to restore your account and videos.

LOL!! Yeah, I sure did. The result is, they forwarded my counter-claim to the person that asked for my video to come down: Dante. No, not Paramount or Activision. Dante. Then they said this can take up to 10-14 days. What? Who knows.

Want to see proof of just how carefully Youtube reads DMCA counter claims? Here's what I sent:

The Youtube user known as "Dante Leonhart"

http://www.youtube.com/DanteLeonhart

has had my video, "Last Bastion part 4: Teaser Trailer" formerly at this location:

http://www.youtube.com/watch?v=ql5IeSDGUsI

pulled and as a result, my account suspended for falsely posing as the copyright owner of exclusive elements of the Star Trek franchise. Paramount Pictures and its licensees are the only organizations legally allowed to claim intellectual ownership of any commercial products with the name and trademark Star Trek. Consequently, fan productions who claim intellectual property as their own are unauthorized and subject to legal issues.

Moreover, the machinima video was made with the commercial game program, "Bridge Commander" by Activision, which I also own. None of the in-game footage was created or concieved by "Dante Leonhart", but merely recorded from in-game footage. Anyone who owns the game can do this. The fact that Youtube user "Dante Leonhart" edited together his video: "Better than Last Bastion - Bridge Commander: Ep II" at:

http://www.youtube.com/watch?v=WpOyBqkg ... ed&search=

using in-game recorded footage he didn't create, does not give him the license to claim said video is his intellectual property. Posing as the copyright owner of exclusive elements of the Star Trek franchise is a serious Federal offense, which Youtube user "Dante Leonhart" has knowingly used to get my video and account pulled under false pretenses.

The in-game footage recorded by "Dante Leonhart" from his edited video, constituted no more than seven seconds of footage in my video, used to comment on "Dante Leonhart"'s video. THe snippet of footage did not contain any elements of "Dante Leonhart" plot, characters, dialogue, music or anything else he can claim to have uniquely added to the in-game footage he recorded in "Bridge Commander". The seven second snippet in my movie consisted of a pan shot over a Star Trek ship, and that's all. Since the snippet I used in my video did not contain any unique elements by the Youtube user known as "Dante Leonhart", it falls squarely under the "Fair Use" doctrine of the copyright law.

Youtube user "Dante Leonhart" is not the copyright owner of exclusive elements of the Star Trek franchise, did not design the ship, is not a member of the Activision game developers who created the game, "Bridge Commander", and did not create the meshes, or the textures, or the music in his video. He has represented himself falsely as the copyright owner of the visual and audio elements in his video. I am saddened that my account was deactivated under such false pretenses, and ask that you review this serious violation of copyright and restore my account. Moreover, Youtube user "Dante Leonhart" has engaged in retaliatory infringements against my machinima movies series titled, "The Last Bastion" by re-titling his machinima series, "Better than Last Bastion - Bridge Commander: Ep II" . I find it outrageous my account was pulled due to someone misrepresenting themselves as the copyright owner of exclusive elements of the Star Trek franchise, while Youtube user "Dante Leonhart"'s account remains untouched.

Note that I do not claim to be the copyright owner of the elements in my "The Last Bastion" series. I respect the copyright ownership to Paramount Pictures and Lucasfilm LTD respectively, and work fully within the boundaries of fan film productions. Yet, my account has been deactivated, and Mr. "Dante Leonhart", who has misrepresented himself as the copyright owner of materials belonging to Paramount Pictures and Lucasfilm LTD, and still has a Youtube account. This also frustrates and disappoints me as a long time Youtube user.

The material removed was a Star Wars vs Star Trek machinima fan-film, with no affiliation to Paramount Pictures or Lucasfilm Ltd, and none claimed. I do not claim or infer that I own the copyrights to any Paramount Pictures or Lucasfilm Ltd material, and make videos under the fan film, heading for no profit whatsoever.

I state, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.

I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located. The Youtube user "Dante Leonhart" is also not an agent of Paramount Pictures or Lucasfilm Ltd, and cannot claim that I violated any copyright infringement against him by posing falsely as said agent of those organizations.

Lucasfilm Ltd. and Paramount Pictures have allowed non-profit fan films involving the Star Wars and Star Trek franchises respectively to play on Youtube. I accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate.

PLease note, that in his first email notification to me, Youtube user "Dante Leonhart" posed as an agent of Youtube. Here is a copy of said email:

This is an official warning to inform you that you are in violation of
intellectual property. The offending video "Last Bastion part 4: Teaser
Trailer" which is located at this address:

http://www.youtube.com/watch?v=ql5IeSDGUsI

incorporates scenes from "Better than Last Bastion - Bridge Commander: Ep
II" created by DanteLeonhart, located at this address:

http://www.youtube.com/watch?v=WpOyBqkg ... ed&search=

No permission has been given or authorized for you to incorporate any scenes
(in whole or in part) from this video into your own. You are hereby required
to either edit the offending scenes or remove the video entirely. If no
response is given within 7 days of the sending of this message,
administrative action will be followed.

Thank you for your cooperation.

Please contact me as soon as possible about this matter.

Thank you,

Wayne Poe
wpoesti@aol.com

EDIT: The formatting sucked, so I removed all the source info from Dante's email.

Lord Poe · Post by **Lord Poe** » 2007-04-11 02:46pm

Anyway, You can see the first two "Last Bastion" chapters on Youtube user Pleonasm222's channel here:

http://www.youtube.com/Pleonasm222

Part 3 was too long, and Youtube no longer supports 10+ videos even for new Director's accounts. But you can also see all three parts on my Myspace page, under "videos"

And it seems Yahoo/Geocities has pulled its head out of its ass, and my main website is back up.

NOW, maybe one of these days, I can finish part 4...

Darth Holbytlan · Post by **Darth Holbytlan** » 2007-04-11 03:43pm

Lord Poe wrote:
Vohu Manah wrote:Since he filed a DMCA claim, have you filed a counter claim? Upon receipt of the counter claim, Youtube may be required to restore your account and videos.
LOL!! Yeah, I sure did. The result is, they forwarded my counter-claim to the person that asked for my video to come down: Dante. No, not Paramount or Activision. Dante. Then they said this can take up to 10-14 days. What? Who knows.

Don't blame YouTube for this. They are doing exactly what they are required to do by law. When they receive a counter-notification, they must notify the complainer and restore the content 10-14 business days later. So, yes, this means the content stays down for 10 days no matter how stupid the complaint. This is one of the reasons the DMCA sucks.

DMCA wrote:(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and

(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.

Of course, that only applies to the video he complained about. There is no reason they can't put the other videos back up now---but then there is no reason they had to take them down.

P.S. IANAL

Mange · Post by **Mange** » 2007-04-11 03:54pm

Are those bad jokes or what that Leonhart has put in the description and comments of his shitty 'movie'?

Aaron · Post by **Aaron** » 2007-04-11 04:02pm

And he's removed the "Better than Last Bastion" from his title.

Mange · Post by **Mange** » 2007-04-11 04:13pm

Cpl Kendall wrote:And he's removed the "Better than Last Bastion" from his title.

Yeah, she states that's because Mr. Poe's movies have been taken off YouTube.

Mange · Post by **Mange** » 2007-04-11 04:26pm

Mange wrote:
Cpl Kendall wrote:And he's removed the "Better than Last Bastion" from his title.
Yeah, she states that's because Mr. Poe's movies have been taken off YouTube.

Sorry, that's he.

Aaron · Post by **Aaron** » 2007-04-11 04:27pm

Why not sign up to his forum and tell him what we think of his legal bullshit.

Elfdart · Post by **Elfdart** » 2007-04-11 05:09pm

Why not send a letter (not an e-mail) to Activision and Paramount, notifying them that one Dante Leonhart is prancing around the web, pretending to be the owner of their property and making a pest of himself?

Aaron · Post by **Aaron** » 2007-04-11 05:14pm

Elfdart wrote:Why not send a letter (not an e-mail) to Activision and Paramount, notifying them that one Dante Leonhart is prancing around the web, pretending to be the owner of their property and making a pest of himself?

Do that too.

Lord Poe · Post by **Lord Poe** » 2007-04-11 05:15pm

Mange wrote:
Cpl Kendall wrote:And he's removed the "Better than Last Bastion" from his title.
Yeah, she states that's because Mr. Poe's movies have been taken off YouTube.

Hey, all's fair. He also has this in his movie's descriptions:

"How do we know its better than Last Bastion? Simple... Last Bastion isn't on Youtube anymore"

Of couse, PLeonasm222 countered with this:

"How do we know "The Last Bastion" series is better than Dante Leonhart's videos?

1.) "Last Bastion" characters can actually act, walk around the bridge, interact with one another.

2.) "Last Bastion" characters don't hold their arms out in front of them as if they're waiting to bus your serving tray.

3.) The captain of the ship actually sits in the captain's chair.

4.) Oh, and "The Last Bastion" actually has a story, and doesn't bore you to death."

CaptHawkeye · Post by **CaptHawkeye** » 2007-04-11 05:17pm

http://team-exalt.com/forums/viewthread.php?tid=260

I like how Dante's arguments against Schatten are basically "What are you gonna do about it? Nyah Nyah."

He reminds me of Biff Tannen from Back to the Future in some ways. Not to mention other stereotypical hollywood "school bullies".

Teleros · Post by **Teleros** » 2007-04-11 05:21pm

Yeah... Schatten I don't suppose you did your custom rank, or was "Wayne Poe's gay lover" done by one of the moderators / admins over there

? If it was them... dear god talk about childish.

Lord Poe · Post by **Lord Poe** » 2007-04-11 05:26pm

Darth Holbytlan wrote:Don't blame YouTube for this. They are doing exactly what they are required to do by law. When they receive a counter-notification, they must notify the complainer and restore the content 10-14 business days later. So, yes, this means the content stays down for 10 days no matter how stupid the complaint. This is one of the reasons the DMCA sucks.

Actually, you do have a point.

Ritterin Sophia · Post by **Ritterin Sophia** » 2007-04-11 06:20pm

Now I can't post on his boards, cowardly moron.

Captain if you can, post this for me.

Originally posted by DanteLeonhart
... I'm trying to find where I4N claimed anything other than being owner of this website.... I don't see it. Lay off the LSD, please. ^_^ And for the record, I4N is a lot less tolerant of stupidity than I am. Trust me, he's banned folks for less, so I'd be careful... that is, if you really think you have a point to make. Otherwise, feel free to throw it away.
No, you see, this is Leonhart Studios, and one of his 'employees' claims that he's the Executive producer of Star Trek Bridge Commander, a position held by Marc Struhl, and not Executive Producer of a movie filmed using Star Trek Bridge Commander.

He just did. What are you going to do about it? Cry. Solution? Don't a prick and maybe someone will take you seriously.
Nope, just laugh and ridicule you two as the nonsensical morons you are.

It's gratuitous and more importantly - potentially offensive. It walks a line with Rule #2 that we don't walk here. This is your final warning on the matter.
I'm not seeing nipples....

You know, you have yet to prove such a claim. ^_^ After all, being agent of Paramount, I'm sure you're even entitled to make such a claim on their behalf.

Oh... whoops... no you're not. LMAO
CaptHawkeye already spoke on this so...

Uhm... I did not impersonate anyone from Youtube. Here's a copy of the email:
You don't think that's impersonating an admin by threatening him?

That email was an official warning from us here at Leonhart Studios, which was CC'd over to Youtube.com. It had MY username "Sir Neo" attached to it, so unless you are a complete jackass, you would know right off the bat that it wasn't from youtube. Hello? GMAIL.COM?
Again, you have no right to make such a 'Warning, since his video falls under part review and thus the fair use policy, secondly, nothing in the video was used from your video, that drydock footage is ripped directly from the game, with no audio lines.

LMAO you are funny. ^_^
And you're a dumbass

Here's where I tell you that you're a dumbass. The videos are the only thing I've ever been claiming ownership of - and YOUTUBE AGREES WITH ME! In my correspondence with Heather and Justin from Youtube administration, they agree with my point and - what's more - are laughing at MrPoe for thinking he's in the right or trying to nail me with copyright violations for videos I created with a COMPUTER GAME. The further he goes, the deeper he digs himself. You may want to let him know that.
You think YouTube is doing anything but playing it safe? Evidence? Didn't think so.

Yep. What are you going to do about it? Cry. You wanna play this game, bitch? Let's play it. You're one that seems to know a lot about rules and regs (LOL) or at least claim to. By posting here, you agree to the guidelines that have been set, regardless of how you feel about it. Don't like it? Don't post. Otherwise, deal with it... because what I say here goes. You're ability to post on this forum and take up server space is a privilege I4N has granted you, NOT a right.
No, I laugh at you since you hide behind an admin, you're a little coward, tell you what, we can take this to bbs.stardestroyer.net, or are you going to hide behind the big bad admin?

You're on my turf, and we play the game MY way here, or you don't get to play at all.
You've shown yourself to be a coward who can't do anything but let an admin fight his battles for him, and can't function in a debate without threatening people with administrative action.

What the...? Geez, don't cry. *hands Ritter a box of tissues* Being 100% wrong in everything you post isn't the end of the world! Buck up! That's the spirit! :lawl:
What I'm sorry, I don't listen to morons who go on diatribes with useless statements, oh and your little title, that's an ad hominem.

CaptHawkeye · Post by **CaptHawkeye** » 2007-04-11 06:29pm

I was just about to but it seems you got it out.

Ritterin Sophia · Post by **Ritterin Sophia** » 2007-04-11 06:47pm

Yeah, it appears with the titling came a changing of my password...

CaptHawkeye · Post by **CaptHawkeye** » 2007-04-11 06:52pm

Oh noes. Did you also see he changed your sig? So not only is he an immature, biased cockfuck, he's also a panzy of an admin. We should dare him to come here and meet Admiral Kanos.

Ritterin Sophia · Post by **Ritterin Sophia** » 2007-04-11 06:56pm

CaptHawkeye wrote:Oh noes. Did you also see he changed your sig? So not only is he an immature, biased cockfuck, he's also a panzy of an admin. We should dare him to come here and meet Admiral Kanos.

Do it! Also, sig changed back, and, anyone want to take my account, the tard can't even function in a debate and doesn't understand how to, so he's boring the shit out of me.