- Comedian Miel Bredouw tweeted a thread about the problems she encountered with Barstool Sports when they posted her content on their account without crediting her.
- Bredouw filed a DMCA copyright claim with Twitter over the matter, which Barstool Sports repeatedly tried to bribe her to remove.
- After no response, the website launched a counter-notice, which would mean that Berdouw would have to take them to court if she wanted to stop them from posting her content.
- The founder of Barstool Sports has responded to the incident, saying the company has “idiots” working for it and acted “moronically” in this matter.
Comedian Miel Bredouw is firing back at Barstool Sports and Twitter after she claims the sports site tweeted her content without credit, and mishandled the situation with Twitter’s Copyright policy.
The story starts back in December 2018, when Barstool Sports tweeted a video Bredouw posted in 2016 of her singing a short parody song. Bredouw said she asked Barstool Sports to credit her, but received no response. She then filed a Digital Millennium Copyright Act takedown with Twitter, and Twitter removed the content, but not without backlash from Barstool Sports.
Bredouw tweeted a thread explaining the incident.
She then said that Barstool Sports offered her a $50 gift card to their online store if she would retract her DMCA takedown. And when she did not respond to this offer, she received multiple direct messages on several of her personal social media accounts, as well as accounts associated with her podcast, to respond to Barstool Sports. She claimed that she blocked accounts and deleted messages, but they still found ways to contact her.
After this, Barstool Sports raised their offer to $500 and promotion for Bredouw’s podcast. When she didn’t respond they upped it further to $2,000.
Soon after that offer, Twitter contacted her saying that Barstool Sports filed a counter-notice Which means that she has ten days to pursue legal action against the company, or the video posted back in December would go back on their feed.
Twitter’s Copyright Policy
While Berdouw claimed that six strikes would close Barstool Sports’ account, the number of strikes it would take for Twitter to suspend them is unclear. Twitter’s Copyright policy does not specifically state the number of violations or strikes an account needs to suspend them. However, the company does state that fraudulent behavior can result in an account’s suspension.
According to Twitter’s Copyright policy, filing a counter-notice and serious business and “is the start of a legal process that has legal consequences.” The social media site even recommends speaking to an attorney before filing a counter-notice, as once the notice is filed, it becomes a legal matter that is no longer in Twitter’s hands.
Barstool Sports has over one million followers on their Twitter account, so any consequences they face could severely impact their brand. The company’s founder, Dave Portnoy, said in an e-mail to Business Insider saying that Barstool Sports should have ended their communication with Berdouw earlier.
“Where Barstool went wrong is that when she refused to respond and it became clear she had no intention of speaking with us we should have ended it,” he said. “Unfortunately Barstool Sports has idiots in our company much like many other companies and those idiots acted like idiots. I regret our lawyer offering a 50 dollar gift card to our store not because it’s illegal in any manner but it’s just so moronic and makes us look like assholes. That’s why lawyers should not be on social media.”
Berdouw spoke to The Verge, and told them that she would likely not pursue legal action, as it is too much trouble to go through. However, she does believe that her situation speaks on a larger scale about Twitter’s Copyright policy, and the problems within it.
“This is not the first time this has happened to me where a large account has stolen a piece of content and I filed a DMCA and they filed a counter-notice,” said Berdouw. “There’s just this glaring loophole when a counter-DMCA is filed where you have to get a court order.”
See What Others Are Saying: (Business Insider) (The Verge) (Mashable)
Ohio Will Give 5 People $1 Million for Getting Vaccinated
- Ohio is launching a lottery program that will give five people ages 18 or older $1 million each if they receive at least one dose of a COVID-19 vaccine.
- Five vaccinated people between 12 and 17 years old will win full four-year scholarships to one of the state’s public universities under a similar giveaway program.
- Some have criticized the move as a waste and misuse of federal coronavirus relief funds, but others applauded it as a strong effort to boost slumping vaccination rates.
- Gov. Mike DeWine (R) addressed critics on Twitter, writing, “The real waste at this point in the pandemic — when the vaccine is readily available to anyone who wants it — is a life lost to COVID-19.”
Ohio Announces Vaccine Lottery
Several states and cities across the country have been rolling out different incentives to help boost COVID-19 vaccination rates. Some are offering $100 savings bonds, $50 prepaid cards, and even free alcohol, but Ohio’s Republican Gov. Mike DeWine took it a step further Wednesday, saying that five people in his state will each win $1 million for getting vaccinated.
DeWine said that the lottery program, named “Ohio Vax-a-Million,” will be open to residents 18 and older who receive at least one dose. Drawings start May 26 and winners will be pulled from the state’s voter registration database.
The Ohio Lottery will conduct the drawings, but the money will come from existing federal coronavirus relief funds.
Younger people will also have a chance to win something. That’s because DeWine said five vaccinated people between 12 and 17 years old will be eligible to win a full four-year scholarship to one of the state’s public universities under a similar lottery program. The portal to sign up for that opens May 18.
DeWine Defends Lottery
Reactions to the giveaway have been mixed. Some echoed statements from State Rep. Emilia Sykes, the top House Democrat, who said, “Using millions of dollars in relief funds in a drawing is a grave misuse of money that could be going to respond to this ongoing crisis.”
DeWine, however, seems to have anticipated pushback like this.
“I know that some may say, ‘DeWine, you’re crazy! This million-dollar drawing idea of yours is a waste of money,'” he tweeted. “But truly, the real waste at this point in the pandemic — when the vaccine is readily available to anyone who wants it — is a life lost to COVID-19.”
Despite some backlash, a ton of other people have applauded the plan as a smart way to encourage vaccinations across all age groups. So far, about 36%of Ohio’s population has been fully vaccinated — compared with 35% nationally.
Still, the number of people seeking vaccines has dropped in recent weeks, with an average of about 16,500 starting the process last week, which is down from figures above 80,000 in April.
See what others are saying: (AP News) (NPR)(The New York Times)
Derek Chauvin Qualifies for Longer Sentence Over George Floyd’s Murder, Judge Rules
- A judge overseeing the trial of Derek Chauvin ruled Wednesday that there were enough aggravating factors in the former officer’s murder of George Floyd that could qualify him for a longer prison sentence.
- While Chauvin was found guilty on all three charges he faced, Minnesota state law only allows him to receive prison time for the most serious charge of second-degree homicide, which has a max sentence of 40 years but a recommended sentence of 12.5 years for people with no criminal history.
- The judge ultimately agreed that Chauvin qualifies for longer sentencing because prosecutors had proven that he abused his power as a police officer, acted “particularly cruel” to Floyd, and committed the crime in front of children with at least three other people.
- Chauvin is currently scheduled to be sentenced on June 25.
Judge Cahill Rules on Aggravating Factors
Hennepin County District Judge Peter Cahill, who oversaw the murder trial of Derek Chauvin, has ruled that there were aggravating factors in the former Minneapolis police officer’s murder of George Floyd, thus qualifying him for a longer sentence.
While the jury found Chauvin guilty on all three charges he was facing, Minnesota law says that he will only face sentencing for the most serious charge, which in this case is second-degree murder.
That charge carries a maximum sentence of 40 years, but state sentencing guidelines recommend 12 and a half years for someone with no criminal history. Prosecutors asked Judge Cahill for what’s called an “upward sentencing departure,” arguing that there were five factors that should open Chauvin up to a maximum sentence.
In a ruling made public Wednesday, Cahill wrote that prosecutors had proved beyond a reasonable doubt four of those five factors.
In his decision, Cahill agreed with the prosecutor’s claim that Chauvin had “abused his position of trust and authority” as a police officer and that he “knew from his training and experience” that the neck restraint he used Floyd in “danger of positional asphyxia.”
Cahill also supported the argument that the former officer had been “particularly cruel” to Floyd, who he wrote “was begging for his life and obviously terrified by the knowledge he was likely to die,” adding that Chauvin “remained indifferent to Mr. Floyd’s pleas.”
The third and fourth aggravating factors that the judge sided with prosecutors on were that Chauvin had committed the crime as part of a group of three or more people and that he perpetrated that crime in front of children.
Notably, Cahill did reject the fifth aggravating factor brought by prosecutors, who argued Floyd was “particularly vulnerable” because he was handcuffed and held facedown on the street. The judge said that prosecutors did not prove that argument, writing that Floyd had been able to resist arrest before he was put on the ground.
The ruling comes just a few days after Chauvin and the three other officers were indicted on federal civil rights charges by a grand jury.
Chauvin was also indicted on a second, separate federal charge related to the arrest of a 14-year-old boy in September 2017, during which he allegedly held the boy by the neck and hit him with a flashlight repeatedly.
According to reports, if he is convicted, he would likely serve the federal sentence at the same time as his state one. However, the federal charges may impact the pending August trial of the three other officers, who have been charged with aiding and abetting murder and manslaughter.
Separately, last week, Chauvin’s defense attorney filed a motion for a new trial, alleging misconduct by the judge, prosecutors, and jurors, signaling additional continued litigation.
See what others are saying: (The Washington Post) (NPR) (CNN)
Teens Attack and Rob 80-Year-Old Asian Man in Northern California
- Viral surveillance footage shows an 80-year-old Asian man in the San Francisco Bay area being assaulted and robbed on Saturday by suspects who police say are teenagers.
- Police believe the suspects are as young as 16, and at one point, one can be heard in the video giggling from the getaway car as the victim cries for help.
- The news comes after the nonprofit Stop AAPI Hate released data showing that reports of anti-Asian hate incidents in the U.S. jumped by almost 74% year-over-year in March.
Suspect Laughs at Victim During Attack
Surveillance video going viral on social media captured an 80-year-old Asian man in the San Francisco Bay area getting assaulted and robbed on Saturday by suspects who police believe are teenagers.
The full video is extremely distressing. It shows the man getting knocked to the ground, trying to fight off his attackers as he cries for help. To make matters worse, at one point, high-pitched giggles can be heard coming from another teen in the background. That person appears to be inside a getaway car nearby.
The victim was robbed of a watch and sustained minor injuries. Police have also said that a vehicle similar to the one used in this case was spotted at a strong-armed robbery in a nearby San Leandro area less than two hours later, where another victim was robbed of her purse.
Police believe the suspects are as young as 16.
Surge of Crimes Against Asians in U.S.
This is just the latest violent attack against an Asian person making headlines since the start of the coronavirus pandemic.
Last week, reports emerged regarding two Asian women who were attacked with a hammer in Times Square by someone demanding they remove their masks. Two other Asian women were recently stabbed while waiting for the bus in downtown San Francisco.
The San Francisco-based nonprofit Stop AAPI Hate released data Thursday saying that reports of anti-Asian hate incidents in the U.S. jumped by almost 74% year-over-year in March — with Chinese people as victims in 44% of these acts.
Vancouver Sees Massive Influx of Anti-Asian Hate
While anti-Asian hate crimes have surged in the U.S., the situation may be worse in Canada, specifically in Vancouver. Around 42% of people in Vancouver are of Asian descent and at least 25% speak Chinese — making it the most heavily Asian city in North America.
Still, it witnessed a 717% year-over-year surge in anti-Asian hate crimes in 2020, according to the Vancouver Police Department. Bloomberg even dubbed it the Anti-Asian hate crime capital of North America, saying more anti-Asian hate crimes were reported in the city of 700,000 people last year than in the 10 largest U.S. cities combined.
That’s part of why people all across the city are participating in more organized action to speak out against anti-Asian hate. For instance, several rallies took place in Vancouver Monday to mark the National Day of Action Against Anti-Asian Racism.