![]() The account in question then is given time to respond with a counterclaim. Assuming the complainant spots the alleged theft, they can file a DMCA takedown notice with Twitter. On Friday morning, he deleted it and reposted it as an embedded video.)Įnforcing those laws requires no small amount of work. ![]() Quote-tweeting wouldn’t be considered a violation of copyright law. ![]() (Soon after The Daily Beast contacted Ngô, he quote-tweeted a videographer’s two-minute clip for the first time in recent memory as opposed to embedding the URL, as he did with the videos produced by Morgan and Lewis. But those same terms imposed by Twitter also do not exempt Ngô (or anyone) from the applicable copyright law or revoke ownership of original material, according to the lawsuit. Ngo, would ever be able to critique anything the author didn't want them to,” she added.Īnd for the most part, Twitter users-reporters or not-don’t take issue with others promoting their work or even offering harsh commentary. ![]() copyright law depended upon whether the creator liked, or wanted critics to review their work, we might as well tear up the First Amendment because no journalist such as Mr. Twitter’s functions and terms of service allow for the sharing or even embedding of videos posted by other users, which Dhillon noted in her statement. 1, 2021 from protests in Portland and were recirculated with his own particular spin by Ngô a day later. The lawsuit cites two videos that Morgan and Lewis posted to Twitter on Oct. These claims are destined to fail-again-and we look forward to that day." “This lawsuit is antifa agitprop masquerading as a copyright claim, disconnected from reality both in fact and in law,” she said in an emailed statement. In response to a request sent to Ngô for comment, Harmeet Dhillon, a Republican Party official and lawyer who served as a legal adviser to Trump’s 2020 re-election campaign, expressed confidence that Ngô, her client, would prevail. Larry Zerner, a Los Angeles copyright and entertainment lawyer also representing Morgan and Lewis, put it more succinctly: “This is about getting him to stop.” Ngô has the personal wealth, the backing of prominent figures on the right, and a seat kept warm for him on Fox News, all of which make litigation a daunting task, even before factoring in the at-times anonymous online trolls willing to take up his cause. Kessler continued: “In this case, Andy is the Goliath,” and Morgan and Lewis are David. Despite the frequent allegations of intellectual property theft, Ngô has been able to continue by “using copyright law in extremely cynical ways to shut down his critics… He’s able to weaponize the law.” “Andy is a parasite who is living off the hard work of independent journalists,” Alan Kessler, a Portland copyright attorney representing Morgan and Lewis told The Daily Beast. Not when “his audience is so violent,” as Lewis described Ngô’s most rabid admirers. They believe they’re taking a stand on behalf of those who lack the means and the time to engage in litigation or can’t afford to put themselves in Ngô's crosshairs. Filing a lawsuit, then, is not just about putting an end to his alleged theft and subsequent mischaracterizing of their work, both Morgan and Lewis said. Often, those videos are presented with the context stripped or the truth obscured by Ngô, they claimed, all in the service of a singular goal: pumping out viral-ready content portraying the left as inherently violent and dangerous, a product conservative audiences crave. “ has stolen content from a lot of independent journalists from Portland and all over,” she said. “ steals videos from everybody,” said Lewis. By grabbing videos wherever he finds them on Twitter, he’s positioning himself as a one-stop news source for urban conflict, whether he’s on the ground or not. But from Morgan and Lewis’ point of view, Ngo has exceeded those boundaries. As a media figure, Ngô is well within his rights to comment or share the works of others. In order to keep the steady stream of content flowing, Morgan and Lewis told The Daily Beast, he necessarily relies on footage shot not just by other journalists but activists and bystanders as well. As Ngô has become the right’s favorite chronicler of left-leaning activists-and, according to his fiercest critics, a propagandist for the far-right-reporting from the field has become a near-impossibility in light of the threats he’s received.
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