Mend it Mark gets suspect copyright strike for £25k audio amp repair
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If you have a kid under 20, ask them what "copyright" means. They'll probably describe it to you in terms of corporate bullying rather than anything that has to do with intellectual property or copying.
Per the article, it is unclear what was copyrighted. It’s possible that YouTube knows but is not making it public, or maybe even YouTube doesn’t know. I definitely feel that YouTube’s handling of copyright issues is annoying, I feel like the creator should be told what YouTube knows. But that’s not an issue with copyright itself.
[0] https://www.arl.org/blog/9th-circuit-holds-fair-use-must-be-...
You can also use this mechanism, but their "Content Protection" system has no legal requirements.
It's not DMCA so you don't even have the right to counter-file. And of course since it's Google there's no one you can call or email to get real help unless you're a super popular channel with an assigned rep.
Creators are frustrated that unless they are big enough to get YouTube to notice them they at minimum have to dox themselves to remove a bad DMCA claim.
Honestly in a world with Content ID they don't necessarily need the current system to remain as is to make the big publishers happy, who already get preemptive blocking of content without lifting a finger.
Unfortunately, creators have very little leverage over YouTube, nor any realistic ability to move to a different platform. The can be frustrated all they want, but until YouTube has a reason to fear creators leaving the platform en masse, there's little pressure on them to change.
That said, I don't think there is realistically anything YouTube can do do materially improve things under current laws. They can provide a real person to talk to about why the bogus claim is being taken seriously, but they still have to take it seriously.
If we want Google to fix this for us, they will have to do so via lobbying to change the laws, or at least some kind of creative but successful lawsuit that dramatically changes how they are interpreted. The product people are not capable of fixing this, it's in the lawyers' and courtiers' court (so to speak).
For instance the three strike system that results in your entire channel being demonetized is not required by law.
Additionally they could work with creators to get them in touch with people who can help rather than relying on social media to forward them the worst instances.
I wish, but it's not that easy. A potential competitor needs to not only start off with the ability to handle all the video uploading and delivery, but it has to also provide the audience and monetization. If YouTube was strictly a content hosting service there wouldn't be much of an obstacle in this regard, but it's also the discovery platform that audience members go to in search of content. The network effect is too strong because hosting and discovery are bundled into one.
I’m sure that creators would like to have a person to talk to, but it doesn’t seem that alphabet needs to provide one. Will they make more money if they did?
They literally stop showing ads in front of it.
[rant]
Youtube *can't* have a better system, because it's based on (A) how DMCA takedowns work, (B) how Safe Harbor platforms are supposed to work, and (C) how Viacom vs Youtube made YT extremely reliant on Safe Harbor to prevent another stupid lawsuit from big corps.
To have a better system in the first place, *at the very least*:
- Safe Harbor protections must be boosted so that ALL copyright problems must be passed over to users, and thus shield the platform from being in *any way* liable for those violations. Lawsuits that target platforms should be automatically dismissed if they're about copyright complaints, unless it's about enforcement of the above procedure.
- DMCA takedowns must require the claimant to submit public evidence of both (a) the offending snippet & (b) the contrasting source.
- DMCA takedowns cannot be made for any content slice shorter than 20 seconds.
- (Most importantly) Copyright claims must be "innocent until proven guilty", i.e. the claimant must be the one to prove fault, and not requiring the defendant to prove innocence.
[/rant]
the currently parallel system avoids claimants being held responsible for false claims
[rant]
NO, IT CAN'T.
The next Viacom would then claim that YT was violating / not fulfilling their Safe Harbor duties, resulting in ANOTHER stupid lawsuit.
A failure to make Safe Harbor bulletproof WILL continue to allow these cancerous lawsuits to exist. The Funko DMCA dumpster fire that resulted in itch.io's website being taken down is the most recent example of this, as they went after the domain registrars for ALLEGEDLY not fulfilling their Safe Harbor duties.
[/rant]
[max_anger]
THE YT LAWSUIT ALREADY HAPPENED: VIACOM VS YOUTUBE.
THE REVERSAL AT THE CIRCUIT COURT IN *VIACOM'S FAVOR* IS WHAT'S LED TO ALL OF THIS NONSENSE RIGHT NOW.
AND IT WILL HAPPEN AGAIN IF YOUTUBE *EVER* BECOMES LAX WITH COPYRIGHT ENFORCEMENT.
[/max_anger]
The current expectation is that platforms *do* have to preemptively take down the offending content, or risk losing their Safe Harbor status. This defaults ANY platform's stance to be overly cautious about what is submitted, when they shouldn't even be doing the prosecution's job AT ALL.
> Thus your argument is that if Youtube doesn't bow to the bullies then the bullies might be mean.
The bullies ARE mean, and their current weapons of use are the holes in the Safe Harbor clause to take down platforms.
> That is quite different from Youtube not being able to stand up to those bullies.
YouTube CAN'T stand up to them, because ANY laxer enforcement risks losing their Safe Harbor protections.
To reiterate my point: Safe Harbor needs to be made BULLETPROOF for YouTube to begin to relax their current stance.
Maybe calming down will allow you to think more rationally.
> The current expectation is...
You expectation perhaps. Not the expectation of the law. The DMCA is clear on what service providers have to do and Youtube regularly does much more than they need.
> The bullies ARE mean, and their current weapons of use are the holes in the Safe Harbor clause to take down platforms.
So you want to preemptively surrender moderation to them? Might as well let them try taking it down.
> YouTube CAN'T stand up to them, because ANY laxer enforcement risks losing their Safe Harbor protections.
And living risks death. No company is without risks. Standing up to obviously frivolous takedown requests is a very small risk.
> Not the expectation of the law. The DMCA is clear on what service providers have to do
Their entire point is that Youtube already tried this, and that was found insufficient in court. So I’m sorry but your personally preferred reading of the DMCA means zilch.
YES. THANK YOU.
People should get it through their thick skulls that the *successful* appeal by Viacom is what caused this nightmare DMCA enforcement to be shoved down onto regular people. If the appeal had failed, YouTube wouldn't need to be this strict in their enforcement.
Viacom would've continued to appeal to the Supreme Court, but a straight line of failed appeals would have given YouTube much more leeway in how they handle DMCA Takedown requests. HOWEVER, *because* of the *successful* appeal, they HAD to be stricter to keep the law on their side.
All the idealism in the world is USELESS when it comes time to be in the courtroom. YouTube would've been SHUT DOWN if they had continued to be lax in their enforcement, and we would've NEVER had the video creator boom that we did have because YT continued to survive.
Missing the forest for the trees, GP (account42) did.
> “IP is any law that I can invoke that allows me to control the conduct of my competitors, critics, and customers.”
> That is, in a world of uncertainty, where other people’s unpredictability can erode your profits, mire you in scandal, or even tank your business, “IP” is a means of forcing other people to arrange their affairs to suit your needs, even if that undermines their own needs.
-- Cory Doctorow, IP (Locus, Sep 2020), https://locusmag.com/2020/09/cory-doctorow-ip/
What’s gen pops response?
…crickets…
Adam Smith is said to have written division of labor taken to extremes will turn humans dumber than the lowest animal
Hard to see how he was wrong. Low skilled individuals exist in a state of helplessness. Like turtles in their back. Can’t solve a problem; need a committee to form a problem solving committee.
Instead of the original intention which was to grant the right to copy.
Copyright should be energising capitalism, not killing it. But yet here are!
No, it was to restrict the right to copy which without any special law everyone had to make it into limited, private, exploitable property.
Copyright was only introduced after the invention of the printing press. The whole point of copyright was to limit the persons/entities allowed to produce copies of a work, because suddenly the ability to copy became a lot cheaper than the ability to create.
I mangled my comment and never made my broader point!
Which was that originally Copyright would expire at some point in our lifetimes :-)
As I understand it, no one originally thought things should be uncopyable forever more!
Are the kids wrong?
Unless they dream of becoming a content creator or a vlogger, in which case they'll describe it as a Law of God, protecting the tiny Content Creators from the evil sinners who Steal and Plagiarize, and that occasionally gets abused by the corporate lords we all sharecrop for.
This has basically always been the case and is what copyright is, by design, for.
Oookay. But ironically fitting somehow.
Edit: I'm now seeding https://archive.org/details/the-gbp-25-000-pre-amp-that-went... Enjoy your Streisand Effect.
> which the manufacturer claimed ‘could not be fixed’
which Mark definitively proved wrong. But also, he doesn't have to explicitly disparage the equipment if people can just look at it and make their own conclusions. Even if the actual design is sound (I'm not remotely qualified to judge), you have to admit it looks a bit janky.
As for valid copyright claims, you're probably looking for reason where none exists.
magnet:?xt=urn:btih:600efecbcd0e270661c3f4ca0604b03a3b4adabd&dn=the-gbp-25-000-pre-amp-that-went-wrong-tom-evans-mastergroove-sr-mk-iii-rjbp-fsfzi-i&tr=http%3A%2F%2Fbt1.archive.org%3A6969%2Fannounce&tr=http%3A%2F%2Fbt2.archive.org%3A6969%2Fannounce&ws=https%3A%2F%2Farchive.org%2Fdownload%2F&ws=http%3A%2F%2Fia601500.us.archive.org%2F17%2Fitems%2F&ws=http%3A%2F%2Fia801500.us.archive.org%2F17%2Fitems%2F
I posit that you could use 10% resistors, and it would work just as well. The individual gains don't have to be exactly the same, since they're all being summed anyway.
Oh, and those plastic stand-offs really need to go.
This reminded me of an old advertisement which compared a component stereo amplifiers specifications to that of a piece of wire. I spend almost an hour looking with google, etc., and I can't find it. 8(
https://archive.org/details/the-gbp-25-000-pre-amp-that-went...
Google/YouTube/Alphabet should be doing everything they can to encourage high-quality educational content like this, rather than being party to suppressing it.
It is in the best interest of large hosting companies, datacenters, and UGC sites to shy away from anything that remotely smells of liability because the costs can instantly far exceed the revenues from small customers due to the flaws of the US legal system.
Many other civil systems use a “loser pays” model for funding lawyers, but if you get sued in the US and win, you still have to pay for your own lawyers unless you countersue (and your opponent is collectible). This opens up a very obvious denial of service attack.
Can't they just establish a "we will not negotiate with terrorists" kind of reputation, and when they see abusive misuse of DMCA, then the abuser is facing very deep pockets of Alphabet, who is motivated to make a lesson of them?
[1]: https://en.wikipedia.org/wiki/Viacom_International_Inc._v._Y....
https://archive.org/download/the-gbp-25-000-pre-amp-that-wen...
Shazam says it's Khruangbin - People Everywhere (Still Alive)
https://youtube.com/watch?v=-RJbpFSFziI
Video Unavailable
This video is no longer available due to a copyright claim by Tom EvansHow is this even legal? It's not like the metal box doesn't do anything at all.
The SHAKTI Electromagnetic Stabilizer (aka “the Stone”) has three internal trap circuits (Microwave, RF and Electric Field) to absorb the broadest spectrum of EMI. Placement on automotive CPUs has measurably increased engine horsepower.
It also improves resolution for virtually all-major components in high definition audio/video systems. Music reproduction is clearer, with more liquidity, dynamics and focus. The improved inter-transient silence allows the listener to hear ambient cue information essential for accurate perception of stage depth, width and unwavering imaging. High quality video systems will benefit from SHAKTI devices near power supplies, projection guns and laser disc/DVD players. Reduced color noise and improved convergence alignment are some of the improvements that can occur. In automotive applications, where space allows, the unit should be securely taped and/or cable tied to the top of the CPU.
"dampens the "micro vibrations created by volume pots and knobs that find their way into the signal path and cause degradation.
"With the signature knobs micro vibrations from the C37 concept of wood, bronze and the lacquer itself compensate for the volume pots and provide (Good Vibrations) our ear/brain combination like to hear…way better sound!!"
Source: https://bobbyowsinski.blogspot.com/2012/05/485-volume-knob.h...
I wonder sometimes if humans just have an innate need for magical thinking and if we eliminate it from most areas of our life it just finds some other place to pop up. If that hypothesis is true, then audiophile gear is a net positive: it's an almost entirely harmless place to indulge in nonsense magical thinking with no harm to anything but your pocketbook.
I'd rather people spend $1000 on HDMI cables than trying to use homeopathic medicine to cure their cancer or taking away rights from people because it goes against an ancient fiction book they really like.
The thing had pcbs stacked using plastic m2.5-like standoffs that had snapped. Apparently the product designer claimed Mark couldn’t fix it. Mend it Mark can fix anything that is fixable, truly a master repairman.
https://youtu.be/pjrcB2qMbYU?si=sc9V6v27S2wyvBMj
And my own experience working on the design of complex projects as an architect. A good job will still include stupid mistakes when designing a one-off project because there are always gaps in institutional knowledge and time and money constraints.
$25k is a lot of money to spend on home audio. It is not much income even for a side project. Never mind a manufacturing business with engineering and advertising overhead in addition to logistical and fabrication costs...and I think the devices in the video are manufactured in limited annual numbers so there's not even an economics of scale.
I love Mark's channel, but videos that embarrass non-celebrity individuals is not why. Youtube drama doesn't seem to be his strong suit, and while what happened isn't justified, it is not terribly surprising now that I've thought about it.
Anyway, it might have been someone who bought one of those amplifiers who filed the takedown. Because owners were also likely to be embarrassed by the video and also likely to have the wherewithal to file a takedown.
Subtract the VAT to get £20,833.
Then note the average annual salary for a man in Wales is £40,000. This would be a good income from a side project.
Despite the richness of Welsh culture and the wisdom of the Welsh people, the capital and technical knowledge required probably exceed that of the average Welsh salaryman.
Audio equipment definitely has this issue of extreme pricing for questionable things. In all likelihood the amp on a chip is the best designed amp for the money. Sure discrete stuff might have a better noise floor and reduced noise. I’d argue few people could tell the difference.
But Mark also took the opportunity to mock the builder and their customers. (He does the same when he comes across other people’s repairs that are not as good as he is capable of). But this time the target was not an unknown person.
His comments weren’t just bouncing around his workshop walls. They were heard around the world and capable of putting people out of work for the sake of better YouTube analytics.
I hope Mend it Mark can continue to work to be less dependent on YouTube/Google, his training courses are hosted on Wistia for example.
Far lower than that. Most EEGs at the scalp are in the 10-100 µV range.
https://www.audiodesign.co.uk/index.html
I'm guessing he expected to see Mark fail to repair it, and instead talk about how amazing and advanced his product is.
The £25,000 Pre-Amp Repair and the Copyright Strike
https://youtube.com/@menditmark https://www.patreon.com/MendItMark
I watched the Tom Evans video when it came out, and my guess is that their sham “copyright” claim comes from showing their logo or some written words on one of their PCBs.
Edit: This one: https://www.youtube.com/watch?v=rxkuOzvHToc
Which he prepared for the client in decent presentation quality.
One of the most admirable things to do, above and beyond most repair professionals, looks like Mark really is a cut above and it shows.
The top instrument companies have always recognized the advantage of partnering with the rare individual who can service their complex and unique products, and have been the most willing to provide schematics and discounted parts in order to make as many into authorized service centers as possible. To enable field calibration and service, or bench work without having to send their own people or ship the unit back to the main repair depot.
The lesser outfits, not so much.
If you've got money-making instruments to sell, you really don't want to work against someone who has the talent to fix defects without even having any factory documentation. That's hard to come by, they could be your best ally. Imagine what could happen with full factory support.
And Mark prepared his own documentation! How much more respectable can you get?
Posting it on Youtube is the only real mistake, unfortunate but true.
Obviously, Youtube is not a respectable enough place, oh well, who knew?
From the commentary it does look like the circuits are not more innovative than the "generic" guidelines published by the component manufacturers to encourage engineers to adopt their semiconductors for various intended purposes.
When these analog devices were first emerging, some of these data sheets were widely published back when some of the example circuits were still under patent. There was every expectation that if you copied one of them, you would have to license it before you could legitimately include it with your own product. For these preamp components, patents have all expired now so that's not a consideration any more. However it's possible that somebody 30 or 40 years ago might have drawn up a PCB of a completely generic circuit that exactly conforms to an example public-domain schematic, no longer under patent by decades, but that pattern on the PCB could easily still be under copyright for decades to come.
You create your own original artwork, you own it, even if the circuit is exactly the same.
Thus I would say the patterns on the PCBs are only legitimate to reproduce in much less than their entirety, like passages from a book. That could be a pitfall, but I don't think more than a few relevant excerpts were casually shown in the video.
There hasn't been much commentary about the electronics, but I found it amusing myself about the amount of overkill on the multi-stage voltage regulation scheme. Those components drawing more wasted power from the external supply than the audio circuits themselves.
I know overkill is important in some audio circles, but did I say massive external supply for a preamp?
This kind of signal handling does not require a high-current audio circuit where there may need to be a very sizable power supply. When that happens it may be the best idea for the power components, especially transformers and other potentially noisy components like voltage regulators to be enclosed in a separate chassis from the sensitive audio semiconductors and their carefully laid out signal connections. You don't have to be an audiophile to recognize when this might be needed, don't ask me how I know ;)
What I like to do is make the external supply good enough so that no significant power components are needed inside the instrument chassis, other than ferritics and capacitors for local storage/delivery and filtration of anything that might come in on the (well-shielded) cable like it was an antenna or something.
I figure I'm not the only one around here to have designed their own personal phono preamp after looking at numerous opamp datasheets, these are actually not easy.
I needed one to work with 78 rpm records, not audiophile material :\
Actual vinyl polymer at 33 1/3 rpm was even more challenging even though the RIAA equalization was standardized by then. I figured might as well, if I'm going to do some serious soldering it would be good to exceed minimal objectives.
RIAA is functionally a very steep well-defined mathematical curve[0]. Traditionally implemented using all analog components in a much lower-noise arrangement than usual. It requires quite a high gain preamp to recover the bass from the microgrooves where it has physically been pressed so much more lightly than the other frequencies.
I just used one audio circuit board since I was indulging in the opposite approach to overkill. From what I've heard, the fewer active analog components that your signal passes through, the fewer compromises it may be subject to anyway ;)
Audiophiles would think I took a lot of short-cuts which is true, I could surely have gotten better channel separation using two boards instead of one. But it did take a little rig about twice as complex just to perform the development experiments on, which was re-architected a number of times, one of the advantages of a non-PCB free-form soldered breadboard.
Well I have nothing to brag about the way I cheated on my own power supply for this project. I would say it really does take about as complex a power supply PCB or more than it does for the audio PCB. Screw that, I used batteries :) Needed to be portable anyway like a laptop. Plus batteries have no hiss or hum, that was easy. Actually I got lucky because I was able to achieve my goal of digitizing vinyl at the standard CD format of 44.1 KHz 16-bit, while introducing lower analog noise than a CD can reproduce. IOW transparent for that application, and see what collateral damage there is otherwise :) There was plenty of headroom with two 9V batteries giving 18V peak-to-peak before clipping. Plus the batteries lasted a long time since very few components were on the final board, and it's just a preamp.
Now I shouldn't complain about having loads of PCBs stacked in overkill configuration until it almost topples under its own weight, using blank copper boards for shielding within a plastic enclosure. Not when mine sits on a teflon sheet inside a mere small cookie tin, and the shielding is still usually OK when the top is removed :)
For a while there you could even still smell the cookies.
[0] Here's some good info for vinyl heads:
https://hifisonix.com/wp-content/uploads/2010/10/RIAA-Equali...
http://waynestegall.com/audio/riaa.htm
and a single-board amateur project to learn from where it looks like there are some power components on the PCB, probably not much more complex than my lab effort otherwise. They cover using a single 9V battery during their prototyping as well as the migration to A/C adapter and virtual ground for the opamps. I used a pair of batteries wired for true bipolar +/- 9VDC and stopped there. Also notice how much bigger the plastic caps are than tantalum would be:
https://www.instructables.com/RIAA-Equalization-with-analog-...
Edit: Left out the part where I would use a Dremel to cut out the RIAA section from the populated PCB of cheap scrap record players that people were once discarding quite commonly. These were small little "partial" PCBs too and quite dissimilar, but made them work on their own before building to my final specs.
To understand this, one has to not miss (as so many unfortunately have) where Louis Rossman read out a part of an e-mail to MendItMark where it was stated by Tom Evans Audio Design that these are registered designs.
There is a third right in U.K. intellectual property law, a third right that the Copyright, Designs, and Patent Act 1988 grants in addition to copyrights and patents. It's there in the Act title: design right.
Design right grants exclusive right to its owner to make "a design document recording the design" and subsists in "the shape or configuration (whether internal or external) of the whole or part of an article".
* https://www.legislation.gov.uk/ukpga/1988/48/part/III
Copyright and patent are beside the point. Tom Evans went after MendItMark on design right grounds, which is not really that surprising given that it is Tom Evans Audio Design and the WWW blurb at https://www.audiodesign.co.uk/ explains that Tom Evans does design work.
There are hundreds of registered printed circuit board designs, and audio amplifier designs, that one can find on DesignView (the EUIPO search tool), to compare and thus see exactly how MendItMark's ring-bound 12 page document records the design of the product; and that is just registered designs. (Although Tom Evans claimed that these are registered, xe would still have design right even if they were not, as xe gains the right from having manufactured products to xyr design.)
The sad thing is that MendItMark would have been able to lambast the poor design with total impunity if xe hadn't done what §226 of the CDPA names primary infringement of design right . As it stands, Tom Evans seems to have a very strong leg to stand on, from the black and white of the statute.
Whilst MendItMark doesn't even have the possibility of claiming that xe did this for educational reasons, as xe not only monetized the video (which makes it a publication for commercial purposes) xe stated in the video right after showing the document that this stuff was part of xyr £400 a pop (currently discounted to £250 as I type this) training course.
Also note that YouTube's terms and conditions don't say merely not to infringe copyright. They say not to infringe other people's intellectual property rights, and design right is such a property right in the U.K., where both Tom Evans (1 bloke in Wales) and MendItMark (1 bloke in England) are located.
I remember when I had a few friends who were making/mixing music they had to be very careful when uploading to YouTube due to automatic shazam style fingerprinting
^ I think. Didn't get to read the label
Edit: mentioned by someone upthread too https://news.ycombinator.com/item?id=42358894
Ignore all the fluffy words just look at the specs. I use an affordable TPA32xx Class D module with a good meanwell power supply and I (professional audio engineer) can't hear any difference to e.g. the stuff Neumann put into my active KH120 monitors.
I don't think some random hifi shop is going to outspec the best class D module Texas Instruments or Analog Devices can come up with. But sure, if fooling yourself with Hifi is your hobby, proceed.
I have a 25 year-old preamp that I made from what were at the time premium quality Burr-Brown opamps and it's better made than this thing appears to be. And as of yesterday, it still sounds awesome. OK, the input pots are getting a bit "crackly" but that's an easy fix.
No idea what the sound quality on this unit is like, but for $25k I'd expect far better build quality!
Or is this just another bogus claim, like the one UMG made against the Esoterica channel recently against their own recording and arrangement of a Debussy piece that's 150 years old?
It seems to me that there needs to be some sort of escrow that large copyright claimants need to put into when making these claims. If they make bogus claims, that should go to the person they accused incorrectly of a copyright violation. This would balance things out a bit, as currently last companies can just go claim anything they like, bully others, and have nothing behind it.
Or does the DMCA preempt such things?
https://www.audioresurgence.com/2024/04/asrs-contentious-cla...
Streisand Effect was strong on this one.
If it's a fucking turd, which it is, does not form part of the equation.
Audiophiles buy music to listen to their audio equipment.
https://hackaday.com/2024/11/14/repairing-the-questionable-2...