For years now, alt-right anti-trans, anti-vax troll Chaya Raichik has been terrorizing the masses with anti-trans, anti-drag propaganda posted on her hate account LibsofTikTok. For awhile it showed no signs of stopping. But apparently there’s a very important loophole folks are becoming aware of, and it could end Raichik’s reign of terror once and for all.
According to one Bluesky user, the fact that Raichik’s accounts on X and TikTok are monetized means that if she uses clips or screenshots from another user’s account without permission, it could violate copyright law—with a heavy emphasis on the could. Which is great news for people who love to shut down trolls using the power of pettiness! And that describes all of us, I think.
Related
The Libs of TikTok founder seems to have met her match: straightforward questions.
“You can file dmcas to get the content removed / be advised anything you put in those dmcas she can see (name, address, phone number) so use non-personal info,” explained the original poster on Bluesky. “Just google “[site] dmca form.” or you can find a copyright lawyer and collect some scratch.”
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Is that all there is to it? Well, sort of. There are still questions concerning what counts as fair use, there are some weedier aspects to this.
That is not totally correct. Monetization does not "eradicate" fair use. (If it did, newspapers wouldn't be able to publish book reviews, for example.) It's a factor that is considered, but it's not decisive.
— Mike Dunford (@questauthority.bsky.social) December 3, 2024 at 9:49 AM
As many folks are pointing out in the comments, the concept of fair use can be tricky, and platforms like YouTube or TikTok are much more likely to respond to an influx of copyright infringement claims by simply blocking the offending content rather than taking the time (and spending the money) to review claims on a case-by-case basis.
No expert here but when I worked for a publisher, the lawyers told us—in so many words—"Fair use does not exist." That is to say, of course it's a real legal doctrine without which the free exchange of ideas could not take place, but the standard is so subjective it cannot be relied on in practice.
— Comic Books Danny (@comicbooksdanny.bsky.social) December 3, 2024 at 10:57 AM
So overall…good news, if slightly more complicated than we first suspected. In the meantime, you can revel in the fact that Bluesky has already blocked Raichik. The Internet is healing.
Libs Of TikTok has been banned on Bluesky
— StrictlyChristo 🦋🇺🇦🌻 (@strictlychristo.bsky.social) December 2, 2024 at 4:55 PM
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