Having won my fight with Wahid Azal over my YouTube channel (it was restored on December 6), I focused on the podcast he and I made together that I suspected all along was the real target of his efforts to suppress me. So I uploaded another copy of it to my channel on Vimeo (the same channel I posted most of my “Debbie and Carrie” episodes to during my exile from YouTube) and then announced what I had done in r/exbahai.
And what happened next was no surprise!
Dear Dale Husband:
Your video titled “Podcast with Wahid Azal” (https://vimeo.com/654107711) was removed on Dec 8, 2021 in response to a takedown notice submitted by N. Wahid Azal based on “FSO content” pursuant to the Digital Millennium Copyright Act (“DMCA”).
Why did this happen?
We removed your video because a third party claims that your video infringes its copyright. The DMCA requires Vimeo to remove allegedly infringing content upon receipt of a valid takedown notice.
Who submitted this takedown?
The takedown notice was sent by:
Copyright Holder: N. Wahid Azal
Can I challenge this removal?
If you believe that the third party claim was mistaken, you may challenge it by filing a counter-notification form, available here: https://vimeo.com/dmca#counter_notification. Please read our full DMCA policy for more information on the counter-notification process. Alternately, you may contact the copyright holder (or representative) directly and ask them to withdraw their claim.
Will anything happen to my Vimeo account status?
This takedown will count as a copyright “strike” against your account. If you receive three unresolved copyright strikes, we will disable your account under our repeat infringer policy: https://vimeo.com/dmca#repeat_infringer.
You can review any copyright strikes your account receives here: https://vimeo.com/settings/videos/dmca.
You can also learn more about dealing with DMCA strikes in our Help Center here: https://help.vimeo.com/hc/en-us/sections/203914978-DMCA
We strongly suggest that you carefully review the remaining videos in your account to make sure there are no videos that may infringe upon the rights of others. If you are in doubt as to whether a particular video infringes upon another’s rights, you should remove it. Finally, you should ensure that all future videos you upload do not infringe any other person’s rights.
Sincerely,<br />Vimeo.com, Inc.
So it was confirmed, he was desperate to get rid of that podcast!
Naturally, I fought back as a matter of principle. And that led to this interesting exchange:
Aaron (Vimeo Trust & Safety)
Dec 9, 2021, 6:10 AM ESTHi,Thanks for reaching out.
It looks like your video was removed because Vimeo received an official notice of copyright infringement for it. We are required by the Digital Millennium Copyright Act (“DMCA”) to remove videos when we receive takedown notices from the copyright owner or their agent.
This takedown notice was made regarding:
“Podcast with Wahid Azal” (https://vimeo.com/654107711) was removed on Dec 8, 2021 due to a claim by N. Wahid Azal based on “FSO content”
N. Wahid Azal
If you believe that your material has been removed by mistake or misidentification, you might be able to talk to the copyright owner who made the complaint and convince them to retract their notice.
Alternately, you may be able to provide VIMEO with a counter-notification through our online tool: https://vimeo.com/dmca/counter
If you have any doubts or questions about the counter-notification process, we recommend that you consult your legal counsel. THERE MAY BE SERIOUS LEGAL CONSEQUENCES IF THIS FORM IS MISUSED.
You should not re-upload the material, as further complaints against you could result in removal of your account.
You can find more information about your copyright strikes and past DMCA notices here: https://vimeo.com/settings/videos/dmca
You can learn more about the DMCA process on Vimeo here: https://help.vimeo.com/hc/en-us/sections/203914978-DMCA
Trust & Safety
Dear Aaron,Thanks for your reply.Since I am clearly a copyright owner of the video that was taken down (it features my voice and written lines, plus it has my Circle H logo on it which belongs only to me), I am confident that N. Wahid Azal won’t sue me in court without the case instantly being thrown out for lacking legal merit. I hope the video will be restored on Vimeo in a few weeks. Please let me know if that happens.Dale Husband
Rohit (Vimeo Trust & Safety)
Dec 9, 2021, 10:48 PM ESTHi,We are in receipt of your counter-notification.
In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(g)(2) (B), we have informed [Wahid Aza] that a counter notification has been filed claiming that the material originally located at [https://vimeo.com/654107711] (the “Material”) was erroneously removed from Vimeo.
Within ten (10) business days, Vimeo may receive notice that a court action has been filed regarding the Material. If we receive such notice, Vimeo will be unable to restore the Material. If we do not receive such notice within this period of time, Vimeo will restore the Material as soon as practicable.
Dear Rohit,Thank you for the update.Below are screenshots from when Wahid Azal posted in the exbahai subreddit about the podcast in question. As you can see, his claim in the present day that he owns exclusively the copyright to the podcast is disproved by the fact that the podcast’s original title has MY name in it and its thumbnail had MY Circle H logo on it. I have also included a full sized pic of the logo, complete with my name and a copyright symbol on it. When Wahid Azal put my logo on that podcast, it was legally made mine and his attempts to suppress the material years later by filing false copyright claims against it on both YouTube and Vimeo violate MY intellectual property rights.Dale Husband
Rohit (Vimeo Trust & Safety)
Dec 10, 2021, 2:56 AM ESTHi Dale,Thanks for the clarification!
As a platform for user-generated content, our obligations and procedures for dealing with claims of copyright infringement are governed by the Digital Millennium Copyright Act (“DMCA”), which requires us to remove videos when the copyright owner (or their agent) send us a formal takedown notice.
There may be cases where they are unaware of the fact that the uploader actually has a license. When that happens, the DMCA provides a remedy in the form of a formal counter-notification.
We have considered your counter-notice and processed the same.
Dear Rohit,If you want damning proof of what a liar and a hypocrite Wahid Azal is, just look at this video on your own platform:That video, like many others he made, contains slander against me……and he also put MY Circle H logo on it!I want it removed!Dale Husband
Rohit (Vimeo Trust & Safety)
Dec 10, 2021, 4:09 AM ESTHello,
While we cannot speak to the truth or veracity of your claims or allegations, the content to which you refer has been removed from vimeo.com, as it violates the Terms of Service of our website.
This letter, and the actions taken as described herein, do not and shall not constitute or be construed as an admission of liability or wrongdoing whatsoever on our part or the part of any Vimeo member or user, and do not constitute and shall not be deemed to constitute any waiver, release or impairment of any kind of any of our rights available to us at law or in equity, all of which are hereby expressly reserved.
Furthermore, this letter, and the actions taken as described herein do not constitute, and shall not be construed as, an agreement or course of dealing by us to in the future take any action or refrain from taking any action.
Finally, please note that, if you feel threatened, harassed or believe that a crime has been committed, we recommend that you contact local law enforcement immediately or, at your own discretion, an attorney.
We trust that this concludes this matter.
Dear Rohit.Yes, I am quite satisfied, for now. Not to mention impressed at the swiftness of your response!Soon enough I will continue my battle with Wahid Azal to get that podcast he and I made together back so I can use it to completely discredit him and prove what a two-faced backstabber he has been for many years. That’s why he is desperate to suppress that material. But that’s not your fight, of course…..you and the other admin at both YouTube and Vimeo are merely the referees.Dale Husband
Rohit (Vimeo Trust & Safety)
Dec 10, 2021, 4:27 AM EST
You’re very welcome!
Please don’t hesitate to contact us with any further questions or concerns.