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  • avatar
    771 sounds
    815 posts


    What ever hapened,

    I have a good and human correspondention with the SoundEfeectFactory.
    He realy did try what ever he could.

    Here is the last mail

    Yes made a mistake, now he is realy good-willing....

    ......

    Yes I am in the process of correctly attributing all of the videos where I have used freesound content. Since you sent me a personal message I put your request at my top priority.

    Thanks

    > --- klankbeeld wrote:
    >
    > He guy,
    >
    > You did (or still busy) what you have promised. I like that
    > very much.
    >
    > The google search 'SoundEffectsFactory klankbeeld' gives me
    > a lot of correct hits now on your video.
    >
    > well done man..
    >
    > respect man!!
    >
    > klankbeeld

    To hear, you first have to listen
  • avatar
    1883 sounds
    1713 posts


    AlienXXX wrote:
    zimbot wrote:
    Off-topic again -- some of you have mentioned changing your license to be non-commercial. How can you change a license to be more restrictive ...

    The Freesound interface should either not allow this OR it should keep a record of the change.

    You can relax the CC license you give, but not tighten it : relaxing a CC license is an irreversible step, ( bear in mind all the CC licenses allow redistribution, http://creativecommons.org/licenses/ , so once material is released under a CC license it can spread like a chain-letter). The only time limit on a CC license would be when copyright has lapsed*, (typically several decades after the creators demise), then the work becomes public domain (CC0).

    [* Duration of copyright depends on country ... http://en.wikipedia.org/wiki/List_of_countries%27_copyright_length ]
    .
    .

    (klankbeeld wrote that) SoundEffectsFactory. wrote:
    ... Since you sent me a personal message I put your request at my top priority.

    I bet he says that to everyone.

    klankbeeld wrote:
    > respect man!!

    He doesn't deserve any respect, not even as a scam-artist: he got caught.

    He only eventually gave some Freesounder's proper attribution because YouTube could shut down his lucrative channel if they receive repeated complaints about his infringement of copyright. Even then he tried to squirm out of his responsibilities by using those "bit.ly" short URLs , which Setuniman still has to suffer, see ... http://www.youtube.com/watch?v=pXGgEtW3ijI

  • avatar
    606 sounds
    276 posts


    He doesn't deserve any respect, not even as a scam-artist: he got caught.

    He only eventually gave some Freesounder's proper attribution because YouTube could shut down his lucrative channel if they receive repeated complaints about his infringement of copyright. Even then he tried to squirm out of his responsibilities by using those "bit.ly" short URLs , which Setuniman still has to suffer, see ... http://www.youtube.com/watch?v=pXGgEtW3ijI

    Exactly. His apparent contrition is not genuine but borne from fear of the financial loss if the channel were to be closed.

    He got away with this for over a year and so has put every one at risk who downloaded and used a sample found on his channel. Indeed he is now open to legal action since anyone who suffers financial or other loss after having their work claimed for infringement can come after him for damages (Canada is subject to Fraud and Copyright laws).

    If you check his Facebook page he is even asking the audience what samples they would like to see uploaded reinforcing the illusion he was the author.

    There is no way he did not know what he was doing was wrong since in order to get the YouTube partner channel certification he has mislead YouTube as to the Copyright on the samples he had uploaded to that point and would in future.

    ...

    When I find people have used my samples without permission or attribution I generally don't make a big fuss. In this case the scale and nature of the abuse is brazen and breathtaking to say the least. It's calculated. It was , financially motivated and is not creative nor (or at least was not) adding anything to the Freesound community.

  • avatar
    1086 sounds
    395 posts


    In this case, I am torn between anger and eagerness to see the sounds properly attributed - finally. I don't know how much time is needed for SEF to complete the requirements of the CC-BY 3 license for affected sounds. It all depends on how they organized their collection and how much time they are investing of the time that is available to them.

    SEF promised to correct the attribution requirements, unfortunately they weren't completely specific though (how long, what exactly will be changed). Yet, I'm looking forward to this being corrected.
    SEF offered compensation - now this - considering that money is central in this issue - sounds of goodwill. I encourage every affected user to consider making use this offer. If you are affected, you can ask SEF how much they earned on your sound(s) and ask for all or part of it for yourself or as donations to Freesound, if you don't want to handle the money for example. Alternatively you could also say "Insert 'This sound is from http://freesound.org ' at the beginning of every description of my sounds in your channel.".

    When the licensing requirements become adopted and compensation - if required - is taken care of, then SEF will continue making revenue from ads on sound effects from Freesound, but by attributing them correctly, they will finally do the service they are required to do for CC-BY 3 sounds: advertising the source. YouTube users who are interested enough to press "more", because they want to get to the download link, will see the source and will learn that they can avoid advertisement and comparably worse navigation by going straight to the source.

    A hopefully constructive idea: if doing nothing makes you restless (it made me in the beginning of this!), you can make affected Freesound users aware of the situation and help them understand their rights (wait and watch SEF's reactions, fill out copyright notice, request compensation, talk to a lawyer).

    I also recommend viewing SEF as a business and stick to legal issues, rather than moral questions. When talking with a business about morality, one can usually only end up disappointed. smile

    Another thing I want to recommend to you is to experiment with making ad-based revenue on YouTube using cc0 or ccby3 works in a legal and moral manner yourself. You can promote free culture and at the same time earn a few bucks if you pick the right sound and title and also draw attention away from other users on YouTube, who do the same but without following licenses as required. smile

    AlienXXX wrote:
    http://youtube.com/lonesoldierfilms

    ironic...
    LoneSoldier Films wrote:
    All of the sound effects in both sound packs are just taken from an assortment of games and packs from all over the place. For convenience, of course!

    Click here to lend your support to: Freesound 2011 donations and make a donation at www.pledgie.com !
    Donate to Freesound.org
    so it can serve even more and better sounds to you in the future!
  • avatar
    1883 sounds
    1713 posts


    digifishmusic wrote:
    … Indeed he is now open to legal action since anyone who suffers financial or other loss after having their work claimed for infringement can come after him for damages (Canada is subject to Fraud and Copyright laws).

    He does appear to be in Canada as the currency on his PayPal donation webpage is Canadian dollars, you know the PayPal request for donations which he said three days ago that he's going to close* down, but which is currently still running ...

    The email associated with that PayPal donation thing is kyle.innes1@gmail.com which will come in handy if anyone wants to get in touch with him.

    * I never asked him to close the PayPal donation thing, that was his idea, (apparently not worth the bother) …

    SoundEffectsFactory wrote [3 days ago] :
    ... I am also deleting the donation option while im at it ... And to be completely honest I have only received one donation and which was a sum of $5. I'm going to take that $5 and donate it to the freesound website.
    http://www.freesound.org/forum/legal-help-and-attribution-questions/33381/65524

  • avatar
    1883 sounds
    1713 posts


    Apparently there are other YouTube Channels created by Canadian Kyle ...
    this one of his http://www.youtube.com/user/100dollarbillls has a link to HQSFX ... http://www.youtube.com/user/HQSFX , (which he’s has described as either another of his YouTube channels or his “Friend”) .

    HQSFX is billed as “#1 Source For HD Sound Effects”, which is a lie, as, for example SoundEffectsFactory has many more views and subscribers, (partially due to to high quality content lifted from Freesound.org).

  • avatar
    1883 sounds
    1713 posts


    HQSFX is billed as being in the United States, rather than Canada.
    however “HQSFX'S Back up account” is listed as Canada .. http://www.youtube.com/user/hqsfx2

    [ Why do you need a “backup account” ? , expecting to have HQSFX shut down ? ]

    HQSFX, like Kyle, also uses mediafire to redistribute sounds: I just downloded HQSFX’s “1k Sound Pack.rar ”, from ... http://www.mediafire.com/?eegj1y14qlew5yn , (after being forced to watch an advert), the compressed (rar) file is 140Mb, which expands to 272Mb : there's not a thousand "1k" sounds in it, (the "sound pack" been padded with large high-resolution images from http://digitalblasphemy.com , which are more copyright breaches ), but nevertheless it will take me some time to listen to them all.

    UPDATE (Freesounds in the HQSFX http://www.youtube.com/user/HQSFX "1k" pack without attribution) :-

    analogchill's scream.wav [Freesound #35716] is in HQSFX's "1k" pack, without attribution under the name "Female Scream.wav".

    “swosh.aif” [Freesound #14609] is in the “1k" pack under the name “Whoosh (x3).aif” without attribution to “man” ... http://www.freesound.org/people/man/

    and of course Herbert’s Heart "HeartbeatEnhanced.wav" [Freesound # 32731] is in the HQSFX “1k” pack , under the name “Heartbeat ENHANCED EDITION.wav”

    And one of digifishmusic’s recordings of Katy [Freesound #39914] is in the HQSFX “1k” pack as “Female Solo Warm Up.wav” without attribution ...

    “grenade.wav” http://www.freesound.org/people/ljudman/sounds/33245/
    is included in the “1k” pack as “Grenade Explosion.wav” , without attribution.

  • avatar
    1310 sounds
    1390 posts


    I think we are clearly in the presence of a serious, calous and systematic infractor here.
    And I believe we should push to have these channels closed.
    Regardless of how nice this guy seems to be when nicely approached, he is a leech and we should not refrain from make adequate complaints.
    As we can now see, he exists under various aliases and in all of those he has been blatantly and repeatedly violating copyright. Adding no creative value, simply distributing unchanged CC material- with no attribution and for direct financial profit.

    Now that the picture begins to emerge, we can imagine how much profit this scoundrel was (and is) making out of several channels all dedicated to sound effects - which he simply ripped off from Freesound and other sources.
    Makes my stomach turn.

    Maybe he mistook CC for Common Copy instead of Creative Commons.

    hmmmm..... erm..... I forgot...
  • avatar
    771 sounds
    815 posts


    Hi guys,

    I alway believe in the goodness of people, but a day later it seems that you are right. Your investigation is clear.
    In the HQSFX i read;
    ===================
    Official Youtube Partner as 19 / 01 / 2012

    *-READ-*

    If you use any of my sound effects all I ask is you give me credit and my channel link in the description happy
    =============================

    Give me the credit. NO Give the real owner the credit!!

    He should be stopped indeed.
    yes, I was naive

    To hear, you first have to listen
  • avatar
    3044 sounds
    305 posts


    So I put Kyle's email into Facebook, and found his profile, which led me to this picture:
    http://farm9.staticflickr.com/8388/8453996176_99944c167d_c.jpg
    and the associated text "dat YouTube Moneyyyyy. smile"
    So yeah, I really don't feel bad about being a bit harsh to him at all.

    His facebook profile:
    https://www.facebook.com/kyle.innes.50
    (It is certainly him, one of his likes is of course SoundEffectsFactory)

  • avatar
    429 sounds
    343 posts


    Corsica_S wrote:
    So I put Kyle's email into Facebook, and found his profile, which led me to this picture:
    http://farm9.staticflickr.com/8388/8453996176_99944c167d_c.jpg
    and the associated text "dat YouTube Moneyyyyy. smile"
    So yeah, I really don't feel bad about being a bit harsh to him at all.

    His facebook profile:
    https://www.facebook.com/kyle.innes.50
    (It is certainly him, one of his likes is of course SoundEffectsFactory)

    This is crazy! He's making money on other peoples work. I'm out of words! I don't understand how youtube works, if they don't take action on this. Oh well, they probably don't care for copyright, if it isn't a big corporate company that's being abused.

    This really sucks!

  • avatar
    1310 sounds
    1390 posts


    Corsica_S wrote:
    His facebook profile:
    https://www.facebook.com/kyle.innes.50
    (It is certainly him, one of his likes is of course SoundEffectsFactory)

    Gosh! He is ugly too!

    Kyster wrote:
    This is crazy! He's making money on other peoples work. I'm out of words! I don't understand how youtube works, if they don't take action on this. Oh well, they probably don't care for copyright, if it isn't a big corporate company being that's being abused.

    This really sucks!


    Well, we all know there is plenty of copyright infringing material in YouTube (I mean commercial music and stuff). If I can find it, they can find it too. They don't bother removing it unles there are complaints.

    So basically, a LOT of people neet to complain until something is done about it.
    So whomever has not filled in a form yet, please do so now.

    hmmmm..... erm..... I forgot...
  • avatar
    771 sounds
    815 posts


    and an other link to one of his(?) youtube channels including skipe: kyle-innes

    http://www.youtube.com/user/NoLimitNitro/videos?view=0

    Searching on skype you get the picture of the same boy with a lot of data;
    address: Sherwood Park, canada
    born: November 28 1995
    youtube channels: SoundEffectFactory, NoLimitNitro

    this youtube channel has a link to SondEffectFactory and HQSFX

    To hear, you first have to listen
  • avatar
    142 sounds
    1279 posts


    After examining his facebook page, I can safely say I'm not surprised.


    I am the thing that goes bump in the night...

    ╭─────────╮
    PLEASE VISIT
    ➤ Phazebook
    ➤ HeadCloud
    ╰─────────╯
  • avatar
    40 sounds
    29 posts


    AlienXXX wrote:
    As we can now see, he exists under various aliases and in all of those he has been blatantly and repeatedly violating copyright.

    I said I would not post on here anymore because I thought this was solved but this is getting ridiculous. I am not in anyway related or associated to HQSFX. Why would I have two sound effects channels? That would make no sense. The channel was in the bottom of my "Featured Channels" box featuring my 4 Other channels as well as some of my friends channels. Please explain how my other channels (100dollarbillls, NoLimitNitro, NintendoMiiTutorials, CodNightClub) have been blatantly violating copyright, I would like to know. Once again, HQSFX is a friend of mines channel, NOT mine. I have already taken steps to address my problems with attribution, leave me out of addressing HQSFX.

  • avatar
    606 sounds
    276 posts


    SoundEffectsFactory wrote:
    AlienXXX wrote:
    As we can now see, he exists under various aliases and in all of those he has been blatantly and repeatedly violating copyright.

    I said I would not post on here anymore because I thought this was solved

    How have you 'solved' the 100'000's? of cases where people have downloaded sounds and used them in breech of copyright due to your fraudulent & deceptive use of our samples?

    How have you 'solved' the income you have derived under fraudulent circumstances?

    When you upload receipts showing that you have refunded YouTube and any other payment partner for all money earned with our samples AND closed a YouTube channel built on fraud, then perhaps that would be evidence you really trying to 'solve' or resolve matters.

    The courts may then take that into account as a sign that you were in fact trying to make amends and it just might mitigate any damages against you.

    All I can see here is 'track covering' and carrying on as usual...

  • avatar
    3044 sounds
    305 posts


    YouTube claims that if a user gets 3 strikes against them for copyright infringement the channel will be removed and the user banned. So please, everyone do file that claim!

  • avatar
    1086 sounds
    395 posts


    Regardless of how nice this guy seems to be when nicely approached, he is a leech and we should not refrain from make adequate complaints.
    As we can now see, he exists under various aliases and in all of those he has been blatantly and repeatedly violating copyright. Adding no creative value, simply distributing unchanged CC material- with no attribution and for direct financial profit.

    Adequate complaints are not worth it. People whose rights have been infringed can try to get a settlement or sue the infringing party. If your rights were not infringed upon, you should not waste time getting angry and instead tell people whose rights have been violated that this is a chance for them to receive compensation in form of settlement or lawsuit, depending on how they feel about the situation.

    Plagiarism is something I know little about. Personally I consider it unethical.

    Making money from public domain and other free works appears to be a branch of making money
    (morality trigger warning) publicdomaintreasurehunter.com/2010/08/02/plagiarism-ethics-and-the-public-domain/

    Kyster wrote:
    This is crazy! He's making money on other peoples work. I'm out of words! I don't understand how youtube works, if they don't take action on this. Oh well, they probably don't care for copyright, if it isn't a big corporate company that's being abused.

    Making money on other peoples work is a rather normal thing to do for publishers for example. The problem is that in this case they did not return the minimum legal requirement: attribution.
    By fixing license-required attribution in combination with offering compensation to the authors that were damaged, this might be solved though.

    Whether or not the violation of the license was intentional probably does not matter, as I believe most jurisdictions ignore whether or not a law was known by the violator. So if anybody whose copyright was infringed has the freedom to go to court if they are not interested in settling with SEF.

    They don't bother removing it unles there are complaints.
    Exactly. As far as I understand, the international agreement DMCA protects user-upload hosts from being responsible for the copyright infringement of user-uploaded works, but they are required to respond to copyright notices.

    Oh well, they probably don't care for copyright, if it isn't a big corporate company that's being abused.

    They care. I made a copyright complaint against one of SEF's videos and it was taken down. Later I asked YouTube to undo that request, because SEF did fix the attribution gave me compensation (I asked for information, rather than money).

    Gosh! He is ugly too!
    Dropping down to this level is highly unproductive. We should concentrate on educating Freesound artists about their rights and about ongoing infringement of their works instead (by PMing them). smile

    How have you 'solved' the 100'000's? of cases where people have downloaded sounds and used them in breech of copyright due to your fraudulent & deceptive use of our samples?

    How have you 'solved' the income you have derived under fraudulent circumstances?
    This might have been solved by offering compensation. Whether that is correct, only people who did request money as compensation for the past infringement can tell.

    All I can see here is 'track covering' and carrying on as usual...
    IMHO that is unlikely, as this thread will stay to make it clear that SEF now understand the implications of CC-BY (and that they might have enough income for lawsuits to be worth it?). It is in SEF's interest to follow CC-BY's terms correctly in the future.

    Click here to lend your support to: Freesound 2011 donations and make a donation at www.pledgie.com !
    Donate to Freesound.org
    so it can serve even more and better sounds to you in the future!
  • avatar
    606 sounds
    276 posts


    Making money on other peoples work is a rather normal thing to do for publishers for example. The problem is that in this case they did not return the minimum legal requirement: attribution. By fixing license-required attribution in combination with offering compensation to the authors that were damaged, this might be solved though.

    You can't retrospectively 'solve' a breech of copyright law.

    He only limits damages from that date onward.

    As I have stated in the past. I have no problem with people making money using my samples, where they ask I always grant permission. I have a problem with the nature of this operation as it clearly existed to generate income from the work of others under false pretences.

  • avatar
    0 sounds
    2 posts


    I am the owner of HQSFX, and let me explain myself without you guys getting mad, i wanna talk this through and be mature about this with out any name calling or bs. I know acknowledge that what i was doing was infact wrong and was a mistake. When i saw they attribution license and saw how it said "in the manner specified by the author" and most sounds did not say in the description of the sound saying "give me credit etc" i did not think i had to credit anybody. But as i see now i was wrong! People make mistakes! This was my bad and i take fault for it! From here on out i will give the proper credit and the proper attributions. If anything needs to be removed just tell me and i will remove it faster than a shake of a lambs tail smile Just think i will give the proper credit from here on out (for the freesound sounds) and will credit as much as i can on my previous sounds. I am sorry for the inconvenice i may have caused to anyone. Just think this is free advertising for the uploader of the sound smile We can work together and this does not have to be an all out war! Thanks for everyone's consideration and hope to hear from all of you soon smile

    -HQSFX