Firstly, we did actually give you a warning period. We put a contextual notice on the account and sent a warning email at least two weeks before taking action.
Secondly, we never said that you weren’t in violation of our Community Guidelines (https://vimeo.com/help/guidelines). We have consistently maintained that you are, in fact, violating our Guidelines. That is the main point of this conversation.
While we want to support filmmakers, we do not allow rips of third party material.
There are exceptions for PRO members to upload material they did not create as long as they own the necessary rights and permissions but this does not extend to straight rips of episodes of Frontline or films like “Barbarians at the Gate” (as non-exhaustive examples). It is not relevant whether the videos are public or private, the same rules apply from our end.
Thirdly, it is true that when we have taken action against you in the past you have taken steps to comply.
However, the fact that these are conversations that we keep needing to have actually counts against you.
We have had several different warning about this, and it seems to be a recurring issue.
As you mentioned, the first time we had to have this conversation we did everything we could to clarify our position and help you comply with these rules.
Eventually, we need to stop giving chances and I am afraid that time has come.
Lastly, although we can no longer provide hosting for your videos I recognize that you have amassed a wide body of work here and not everything was a rip.
One thing I can do is to put your account in Temporary Access Mode.
This would force all your videos private and create a limited window for you to go in and archive them so that they are not lost when the account is shutdown.
I realize this is frustrating,
but we have elected to no longer provide hosting for your material.
Please let me know if you would like me to put your account in temporary access mode.
[[e687af183b8474896ac7681bfe056ade0d94fe44-510541148]]PaulAUG 23, 2015 | 12:30PM EDTSean M, Milisa B, Logan O, et al,
Good morning, welcome back, I hope you all enjoyed your staff retreat. I shall make this brief :-
Now - I am (and have been) perfectly happy and willing to do any and all housekeeping to tidy up my account with regard to the videos I uploaded to it for my personal use only, with no intention of sharing - or indeed with any Public videos which may be in breach of the Golden Rule - I am the first to admit there may be some that slipped through the net of my due diligence, certainly not many, and I am perfectly willing to take down any you may legitimately have a grievance with or believe are in violation of either the spirit or the letter of your guidelines or terms of service - indeed, your own records will reflect the fact that in every instance when I have been asked to take remedial action on my account, I have done so.
I accept the fact that I am overdue in such housekeeping and there are perhaps a few things uploaded to my account which perhaps should not have been there - again, I was, and am perfectly prepared to be reasonable about this.
Now - I love being a customer of your company.
I wish to go on being a customer of your company.
We all know that though the final decision to terminate accounts is no-doubt discressionary to members of the Trust and Safety Team, you yourselves have rules and guidelines about when and where this action should be taken, and it's quite clear to me that you haven't followed those.
You have admitted that I am not in breach of Guidelines - so, though you may not admit it, this is a discretionary decision on your part, it has nothing to do with the rules.
You know that you are meant to notify me before terminating my account, give me enough (reasonable) time to take remedial action myself (which I am perfectly willing to do), and which you have not done.
I have a good idea myself of the precise parameters of the content you have concerns about, and I am fully confident myself that I can have the whole corpus cleaned up within 20 minutes, never mind 24hrs, which is what I propose as a reasonable amount of time to take remedial action (although, the last time this occurred, I believe you offered me One Week to take action, and the outcome was satisfactory to all concerned.
I am prepared to take remedial action. I want to take remedial action. I want to continue to be your customer.
The ball is currently in your court, because the decision lies with you as to whether or not to aallow me to do any of those things.
In the absence of those options, the only course of action open to me is to complain, and complain publicly
Your company is one, we both know, which likes to pretend that they don't care about money and is entirely staffed by quirky creatives and starving artists.
And we both know that isn't true.
I am a film-maker and a documentarian who has had his work taken away from him - my experience (currently) of Vimeo in the last 7 Days is one of a company that steals my work, destroys my content, throws my money back into my face and patronises me whilst doing it.
This stands in stark contrast to my experience of the previous two years, where your company (to me) has been the best thing since sliced bread and oxygen and the one thing I would recommend to all my friends.
Film-making is my life. And I would like for film-making to continue to be my life.
Your company depends on its reputation with up-and-coming creatives, hipsters and starving artists.
If they start to get the idea that "Vimeo will steal your work, destroy your content, doesn't want your money and is incredibly patronising to starving artists and up-and-coming film-makers", that creates a PR nightmare that need not happen.
I am not asking for special treatment, I am only asking for fair treatment and consistent treatment, in line with that which I received when this problem last occurred and when you last prematurely terminated my account.
I am prepared to do whatever it takes to put this right and get my work restored, I just ask you to be fair, follow your own rules, tell me what I need to do and be reasonable, which is what all your previous communication have emphasised in making these decisions.
I will do what is required - in fact, as a hyper-manic bipolar documentarian with a blog, I might do just about anything.
Please be reasonable, and if you can't be reasonable, give me a reason - because I am NOT in breach of guidelines (as you yourself admit, Sean M) and this has nothing to do with the rules.
Give me 24 hrs to clean up my account, and after that, I am happy to pay again to have my PRO Mmbership restored (since Sean M has already initiated a refund without waiting to hear back from me).
I hope you can respond to my plea constructiveall,
SpikePaulAUG 20, 2015 | 05:38PM EDT>>> It is true that PRO members can upload videos they did not create as long as they hold the necessary rights and permissions
Then I would consider that fact very carefully, as it leaves you in an extremely actionable position - by your own admission, I am not in breech of Guidelines.PaulAUG 20, 2015 | 05:31PM EDTI am not in breach of Guidelines, and I am a paying customer - what gives you the right to destroy my work and destroy my business?PaulAUG 20, 2015 | 05:05PM EDTI do not want a refund - I want the service I have paid for.PaulAUG 20, 2015 | 05:01PM EDTWhich videos do you allege I did not have a hand in creating?AUG 20, 2015 | 04:32PM EDTPaul,
The golden rule of Vimeo is that you are only supposed to upload videos that you created yourself or had a hand in creating. Fair use and/or permission from the rights holder do not make an exception to this general rule.
It is true that PRO members can upload videos they did not create as long as they hold the necessary rights and permissions, but this is not a blanket permission to upload rips. We have actually gone over this before, and although there was some progress it has become a recurring problem and there are several rips uploaded to your account.
I am afraid that we can no longer provide hosting.
That said, I do see that your most recent PRO subscription was within the refund window so I have initiated a refund.
We wish you the best of luck in finding a hosting platform better suited to your needs.AUG 20, 2015 | 08:35PM EDTHi there,
I’m assigning your case to a member of our Trust & Safety team who can better assist you with this inquiry.
You’ll hear back from us again shortly. Thank you for your patience.PaulAUG 19, 2015 | 07:44PM EDT
Original message> We sent an email notifying you that your videos may be in violation of our guidelines, and when you did not respond within the grace period specified, our content moderators took action on your account.
That is not true - I received no prior notification of possible violations at all, this happened completely without warning, and I was given no opportunity to take remedial action.
> Permission to use copyrighted material can come in a variety of forms, but the permission must be given in writing. You can acquire a formal license from the copyright holder, or receive permission via email.
There is no mention of this in the content guidelines or terms of service, and this is the first I have heard of this - and from memory, when I last checked, I had well over 4000 videos, primarily for personal use and access hosted on my account.
It's not reasonable or consistent with with either your own guidelines or terms of service to request or expect me to produce at this stage somewhere in the order of several thousand pieces of documentation in a formalised manner, particularly when with my account suspended, I cannot even myself see what content of mine you are currently hosting.
Sent from my iPadFor your reference this is Case #: 1177481