Hello,

We have removed your video entitled (no title) uploaded at 3:10pm November 6th, 2009. We did this because it appears to contain copyrighted material owned by a third party, such as a video clip or background audio. If you believe this material was removed by mistake, you may file a counter notice of alleged infringement by following the link below.

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The Facebook Team

I don’t necessarily disagree with the legal interpretation of copyright law here. Facebook is a US-based commercial company and, as far as I’m aware, if Facebook takes any interest in editorial control of its content (I recall it once censored a group of breast-feeding mothers on grounds of decency) then it loses the designation ‘safe harbour’ and becomes a target for law suits from those who think their copyright has been infringed. Thus, it should police its content proactively.

However, I added the Raider March to my video with a clear conscience. I had bought the music (not for the first time). I knew that viewers of the video would not mistake the music for something I’d composed myself. I did not think that its use would in any way diminish the earnings of the movie studio that owns the Raiders brand. And I did not consider that uploading the video to Facebook constituted a form of publication because the audience comprises a small audience of friends, any one of whom I might lend a book, DVD or CD. (I was specific about this by indicating ‘my friends only’.)

As I say, I don’t necessarily disagree with Facebook’s legal stance here. I signed up for their service and (ahem) read the licence agreement. But it’s another reminder that Facebook — while creating the illusion of a social experience — has a measure of control over the way I interact with my friends that doesn’t really correspond with the complete sovereignty I exercise in ‘meat space’.