Portland Mercury Threatens YouTuber Over Video They Stole from YouTuber And Reuploaded

Far left propaganda rag Portland Mercury has sicced their high powered corporate lawyers on YouTuber Nate Millsap, who runs the Stumptown Matters channel. Millsap posted a video that he recorded of the brawl that happened between pro Trump group Patriot Prayer and Antifa out front of Antifa clubhouse Cider Riot on May 1st of this year. He then posted a longer form of the video, set it to “unlisted,” not publicly viewable or searching, and shared it with a small group of people, as the video was not intended to go public at that time.

Somehow the Portland Mercury obtained this longer form video, and they cut out cherry picked chunks, posted the videos to their own channel, and used them in one of their articles.

Upon discovering this, Millsap filed the appropriate copyright complaints with YouTube, and within a couple of days the Mercury’s re-ups had been removed.

 

The Portland Mercury‘s parent company, Index Newspapers LLC, has now enlisted fancy pants law firm Summit Law Group to threaten Millsap by claiming he is the one falsely representing copyright laws and that he is responsible for the legal fees incurred by the Mercury.

That’s right. The Mercury re-uploaded someone else’s work, were caught in a copyright infringement, and now they are threatening legal action against the person who originally recorded the video and owns the copyright.

The letter to Millsap, written by attorney Jesse Taylor, reads:

Mr. Milsap,

This firm represents Index Newspapers LLC, d/b/a/ The Portland Mercury. Please see the attached Counter Notice, which we have submitted to YouTube in response to your copyright claim against The Portland Mercury. As described further in the counter notice, The Portland Mercury’s use of the allegedly infringing video constitutes fair use under the law. Accordingly, we demand that you rescind your notice of copyright infringement immediately.

Please be advised that a copyright holder’s failure to consider fair use before submitting a DMCA takedown notice constitutes copyright misrepresentation. See Lenz v. Universal Music Corp., 572 F. Supp. 2d 1150, 1156 (N.D. Cal. 2008). Any person who knowingly materially misrepresents that material is infringing “shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer . . . who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” 17 U.S.C. § 512(f). The Portland Mercury reserves the right to seek damages, including attorney fees, in the event that you continue to interfere with its reporting in this manner.

Here are the images of the attached PDF (click to enlarge):

Millsap told The Gateway Pundit:


I posted my “May 1st 2019 – CIDER RIOT – Full Unedited” video on July 26th, 2019 to my “Stumptown Matters” YouTube page as “unlisted” and not “public,” meaning unless you have the exact URL link you cannot find it via search on YouTube’s website. I wanted to release it at some point publicly but I had not decided exactly when I wanted to do this. I shared the URL link to my video with a small number of friends and acquaintances under the agreement that they would not share the link with anyone else or post it. I left this video in its unlisted state for approximately three weeks or a month before I noticed that the view counts of the video reached 124 views. At this point I became suspicious that one of the trusted few had leaked the link to my unlisted video so I set the video to “private” in the YouTube publish settings. On Thursday, September 12th, 2019, I was looking up Cider Riot videos on YouTube and I find my full and entire unedited 42 minute and 3 second unlisted video posted on The Portland Mercury’s own you tube page with a post date of September 6th 2019. Portland Mercury did not have my permission to post my copywritten content, nor did they ask for permission to do so. They sourced my name on the post but not my Stumptown Matters you tube channel, which the copywritten video was taken from. When I discovered that Portland Mercury had this video on their channel I filed a copyright claim with YouTube and YouTube took down the video on Monday, September 16th, 2019. The next thing I know Portland Mercury’s legal defense team emails me on September 18th explaining that they have the right to post my entire unedited cider riot video under “fair use” law. They went on to say that they have sent YouTube a letter demanding that my video be reinstated to Portland Mercury’s YouTube page as well as demanding that I personally rescind my copyright claim with YouTube. They further added that my failure to meet their demands will result in legal action against me personally.

In the aftermath of the melee at Cider Riot that evening, several Patriot Prayer activists were targeted by Deputy District Attorney Brad Kalbaugh, and charged with Riot and various other things. A student filmmaker was attacked by antifa terrorists and had his camera broken, and he claims he was punched, then held down by antifa while others poured beer on him. Kalbaugh has not pressed charges against any of the terrorists involved in that. Street journalist Andy Ngo was assaulted and pepper sprayed, unprovoked, by antifa terrorists, and Kalbaugh has not pressed charges against any of the terrorists involved in that. Nate Millsap himself was assaulted by someone with a baton and threatened by several antifa terrorists, including a cadre armed with brass knuckles and a slapjack who chased him up the block. Kalbaugh has not filed charges against any of the terrorists involved in that.

Cider Riot went on to file a $1 Million lawsuit against Joey Gibson and other’s associated with Patriot Prayer.

MEANWHILE, Cider Riot has now been put up for sale for $875,000. Owner Abram Goldman-Armstrong cites Portland’s onerous regulations as the reason, and not any legal fiasco stemming from May 1st. He tells the Mercury:

“The City of Portland’s permit office is more of a threat to business than a bunch of Nazi trolls.”

Goldman-Armstrong says the city took five months to approve his building permit to construct the cidery, meaning that, after construction, he had to pay the building’s $10,000 rent for six months without being able to make a profit. These kind of permit delays have become a scourge for many small business owners in Portland—and have led to the demise of other local breweries.

“It’s such a typical thing to say ‘Portland’s a tough city to do business in,’ but it really is true,” says Goldman-Armstrong.

 

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