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As many of you already know, our MEGA account was suspended this morning. However, don't despair, as we were NOT closed down, only suspended, pending the appeal process. I'll give you guys all the details below, but I hope you will stay with me through this bump in the road. I genuinely believe we will be back and humming along very soon, but regardless of the outcome of my appeal, THE GOOSH will remain strong! Thank you guys SO MUCH for all your support!

Okay, two of the episodes of "Stargate SG-1" were taken down by a company that represents the production company. We had another vid taken down quite some time ago, and surprisingly, that was enough to get the account suspended. HOWEVER, unlike our nightmare with Vimeo, they have not closed our account, simply suspended it as I try to work this out. MEGA actually seems quite helpful in trying to preserve the account for us.

Rest assured, I also have all our content backed up, so even if we lost permanent access to MEGA (which I highly doubt) all the videos are still with me.

The best way to let you guys know where we stand is to paste the information I sent in my counter-claim. I'll paste that here, then following that, I'll let you guys know what to expect in the coming days as we work through this. Also, PLEASE feel free to hit me with any suggestions, comments or questions in the comments of this thread. 😊

DESCRIPTION OF CONTENT REMOVED

These are reaction videos, where my reaction is clearly dominant, with the claimant's material there for the purpose of providing commentary and analysis.

DEFENSE OF RIGHTS TO MATERIAL, SENT TO THE CLAIMANT

Reaction videos are, of course, among the most popular forms of entertainment online. I believe they fall comfortably within the guidelines of Fair Use, which is a doctrine INTENTIONALLY left vague to accommodate the ever-changing landscape of how material can be used. I used the claimant's material simply to critique and create humorous reactions. My face and my reactions were always dominant throughout every video, with my voice drowning out the audio of the claimant's content on the regular, making it impossible for anyone to use my reaction as a replacement for watching the claimant's content. All that said, as simply a show of respect, I have ALWAYS been willing to remove anything that a content provider prefers not be used this way, as I have done with the entire series of "Stargate SG-1", which is the content in question here. I am only filing a counter-complaint, asserting my Fair Use rights because of action taken against my MEGA account. Had the claimant simply reached out to me with a request, as I mentioned, I would have gladly removed the content as a show of respect, not an admission of any guilt.

MY NOTE TO MEGA, WHICH IS NOT SHARED WITH CLAIMANT

Given that these complaints came from a single source, against just 3 videos of the over 7000 I have uploaded to MEGA, I certainly don't think I am a "serial offender." I have hopes that, now that this counter-notification has been filed, that MEGA could possibly re-grant me access to my account, as the offending material is now a legal matter between me and them. MANY production companies are well aware of my reaction videos being posted, but they recognize my rights of Fair Use.

Of course, in the immediate future, I can't upload (which kills me, as you guys know, I NEVER miss an upload day)! However, once I get everything squared away, I'm thinking we'll shift to posting some of the gameplay G100s, as those are live streamed at YouTube, then posted here, so no issues. Also, the complaining company has 10 business days to officially respond to my counter-claim, and if they don't the issue is dropped. So, worst case scenario, we could just be hamstrung a bit during that time.

Also, I'll be searching for a new upload location, just on the off chance that things don't work out with MEGA. If you guys have any recommendations that way, I'd love to hear them.

No matter what happens, we will get together to figure out a way to keeping the fun and laughs always continuing here at THE GOOSH! If this takes a bit of time to work out, I'll be setting up GOOSHER only live streams to hang out with you guys, chat about what's going on, what will be next, etc.

THANK YOU ALL SO MUCH for you support and sticking with me through this hiccup!!

Comments

Psychostalker

Like every bump in the road you'll get through it and keep the goosh alive. Many here will stay regardless of outcome.

Mojo311

Made it thourgh the Vemeo incident and will stay through this as well. You have been one of the greatest reactors I have found and I know you will do all you can do for us so I will do the same for you!