SnowWalkerPrime's Parody Of Melissa Hovey [Humor]

It looks like things aren't getting any better between Team Tazer Bigfoot's, Phil Poling and Melissa Hovey. Here's the gist of what's been going on:

• Melissa Hovey's recently released photo of Bigfoot was inserted in Phil Pholing's (SuperSoylent) YouTube video with the copyright tag replaced with "Copyright 2011 SuperSoylent".
• Hovey filed copyright violation complaints on Facebook and YouTube and had video and photos removed from Pholing's accounts.
• Pholing is now fighting back to have the video and photos reinstated.

This morning, Poling left these messages in the comments section:

Phil Poling
Mar 17, 2012 01:32 AM

I’m not going to come here and attack Ms. Hovey. That would be pointless and would serve no purpose. But I am certainly allowed to defend my position and state facts.

1. I have never made any claim to the photo. Period.
2. The photo was briefly used in my video as parody and commentary that is guaranteed as my right under the DMCA fair use act.
3. Ms. Hovey filed two separate DMCA complaints against my videos.
4. I filed a counter notice on both of her complaints.
5. It is now up to her whether to file a law suit against me in Federal Court or to take no further action. It’s up to her.
6. If she files a suit then it will be up to her as the plaintiff in the case to show evidence that she is the owner of said property. I don’t believe she can do that.
7. She must also show evidence that I have violated the DMCA if she is able to show her ownership.
8. I will then present my defense under Fair Use for parody and commentary.
9. A copyright attorney charges anywhere from 80 to 100 dollars per hour for their services.
10. The standard copyright trial runs in the neighborhood of 100,000 dollars.
11. If she is shown to not have just cause in the case, it will be dismissed.
12. It is my right to counter file against her for the recompense of my legal fees and other encumbrances.
13. No one wins in these cases. Aside from the great amount of time involved, there can also be a great deal of stress and anxiety.

Many will say “All of this over a stupid photo” and they would be right. However; since I now take it as a free speech issue and a denial of my rights, I have no choice but to counter file to protect them. For me; this is not about the photo. I now leave it up to her to decide if she feels she has incurred a loss equal to a battle in court. Until her decision is made I have been advised by counsel to not have any direct communications with Melissa what so ever.

Phil Poling
Mar 17, 2012 02:05 AM

I also would like to explain my use of the photo in my video and the accusation that I had stolen it. In my video, I had taken the basic photo I had found on line and place this tag at the bottom. “copyright 2010 by SuperSoylent”.

For those of you out there who are using this to call me names, I really need to point out some basic legal principals here. SuperSoylent is a non-entity. It’s just a character name on Youtube. SuperSoylent does not exist as a legal name. SuperSoylent can’t have a driver’s license, own a house or buy a car. SuperSoylent has no SSN number or voter registration card. And this is the most important part. SuperSoylent can’t own a copyright on anything. This was parody that criticized the original posting of the photo with a copyright for the ABS. This copyright claim was just as useless as mine. I can’t find where the ABS has a legal right to own anything. I can find no listing for the ABS as a legal association or corporation anywhere. That’s the point. I have never distributed, attempted to sell or given the photo to anyone. My use of the photo in and of itself is perfectly fine since it appears on many sites, vlogs and blogs elsewhere.

Of course this won’t stop someone from calling me names and that’s fine. I really don’t care.

In light of all this drama, SnowWalkPrime decided to do a parody titled: Bigfoot Masterpiece Theater (False DMCA's)