Hammond DMCA Claim Update

Just an update on the FBC Hammond’s attempt to remove all traces of Jack Schaap’s crazy sermons from the Internet. Their efforts are still continuing today since they have decided to launch another claim against the video I had hosted on yet another site.

I’ve received a copy of the original DMCA takedown notification for the copy at Vimeo.com which I’m reposting here (PDF) for general information.

As of this moment I have submitted a counter-claim since I believe the copy of the video I posted falls under fair use for the purposes of commentary and discussion.

The ball is now in Hammond’s court. They have 10 days to notify Vimeo.com that they are suing me or let the matter drop.

I’ll try to keep you all posted on any further developments…

46 thoughts on “Hammond DMCA Claim Update”

  1. Just read that DMCA notice you got. If it is as open & closed a case of fair use as we all seem to think, doesn’t that put them in perjury territory for having filed an obviously bogus DMCA claim?

    1. Yeah, his preaching is influencing a whole lot of people, and IMO what he’s saying ought to be open to Biblical scrutiny from people outside his church. It seems so cowardly to preach it confidently from the pulpit in front of his adoring masses but not let it be shown on the internet. Why not accept the censure of others, if he thinks he’s so right? Why hide?

    1. Does seem to rather contradict what Paul said in Philippians about rejoicing no matter whether Christ is preached “in pretense or in truth.”

      If they’re really lifting up Jesus there you’d think they would be glad he’s getting free publicity.

      1. I’m thinking maybe this guy is the Jonathan listed in the DMCA claim. I thought fundies believed you shouldn’t take people to court. I’m confused. /sarcasm

        1. It could be. I think this is the same Jonathan who over on the regular blog claimed yesterday that he is not a troll.

        2. Again, I don’t see how every person who comments with a differing viewpoint is considered a troll. Almost seems as if someone doesn’t buy into the “party line” of bashing fundamentalists, then they are excluded and can’t possibly be right. Wait, that sounds familiar…

        3. Disagreeing with a person’s viewpoint on something is one thing. If you want to say “fundies are great” you’re certainly more than welcome to, in fact maybe you should start a blog. Telling someone that their getting sued “makes your day” is not about having a different viewpoint. Especially, when they have a legitimate claim to post what they post. It’s not like Darrell is stopping FBCH from making money on their copyrighted work, he’s not even posting the sermon in total. If a video is posted online by the creator of the work then, in my opinion, they are opening themselves up for commentary. If they don’t like the way it portrays them then don’t say it and certainly don’t put it up online.

        4. Jonathan…here we have a voice. It is not controlled communism. Many that speak have had years of their voices silenced…the fact that you are carrying out gag orders for your boss must say something. I am saying this as one who worked there for a few years myself. Truly consider what it is that you are carrying out. If Schaap was beyond reproach why are you so desperate to remove his own words? He clearly stated he welcomes his preaching to be out there, that it “gets the word of God out”. May I ask you honestly, what changed?
          You are a brilliant thinker and artist- I know you have a mind to work this through…are these actions of FBC respresenting the heart of our Saviour? By not questioning or allowing Jack Schaap to be accountable for his words and preaching, what is that saying?
          Oh and Jon…dead on my friend.

        5. IAHB – Very well said. I believe this stands true for anyone that puts themselves forward in the public eye. When you speak publicly about something you open yourself up for criticism, praise, or any other form of commentary. This is why publicist are working overtime, because people don’t think before they open their mouths in public. Take for instance Mr. Rob Bell and the controversy over his latest book, once he put his thoughts out into the public realm they became fair game for both those who agreed and those who disagreed. Bell didn’t try to silence his critics by saying they couldn’t use quotes from his book in their commentary.

          The same holds true here. Taking it a step further, if someone posted video from a Klan meeting along with commentary about how being racist was awful, I bet you wouldn’t agree that those videos be taken down and the commentators sued because of it. You just feel this way about these videos because of WHO it is that’s being questioned.

          My advice: don’t post FBCH sermon videos online, then you don’t have to worry about it.

        6. Just for the record, I am not the Jonathan who works at First Baptist Hammond. I’m just tired of the Napoleon complex that Darrell has and his attempt to destroy ministries. You don’t have to agree with them. Just let them be.

        7. Jonathan, Schaap is destroying himself with what he’s said and has been published. He’s only now trying to eliminate the evedence that could bring bad things on him now that it was on national news. If FBCH is truly a ministry blessed of God, how can it truly be destroyed by one blogger and those who comment on this site? Also Schaap is only hurting himself by launching this copyright attack.

        8. As Christians, let’s preach the gospel of Jesus Christ. That is the hill that we should die on.

          If we are spewing garbage that is completely unrelated to the gospel and get called out on it, just repent…and move on (This is why preachers should stick to the text and simply exposit God’s word). Don’t circle the wagons over ridiculous statements.

          We have all (like IFB preachers) said stupid things. Hopefully we can learn from it and simply apologize for the stupidity and repent.

          To threaten a lawsuit is absurd and downright ungodly.

        9. @RobM: I’m curious as to what has you so befuddled? Please enlighten me. Your grammatical structure has me a bit confused. But since we are both confused by something, I guess I’m in good company.

        10. You go from hoping Darrell gets sued to announcing he has a Napoleon complex. Do you just live with that much anger all the time, or you just don’t care about what you post at all, and it’s fine to just be *OBNOXIOUS* in the extreme?

        11. I’m not sure what Jonathan means by it, it seems kind of not relevant, bizarre accusation. It’s a reference to short men having a tendency to over compensate in other areas of life, career, kind of car they own, etc to try to “catch up” in the lack of confidence they have from being short.

      1. Well, at the joy that some of the folks on this site take at the problems that the “enemy” (read: IFB pastors) find themselves in, I guess we could ask the same thing about them.

        1. As long as IFB pastors continue to abuse people and cover up abuse and preach doctrines that promote abuse then (I hope) there will be a voice like Darrell’s to bring it into the light and let the light destroy this darkness.

        2. As long as IFB pastors continue to abuse people and cover up abuse and preach doctrines that promote abuse then (I hope) there will be a voice like Darrell’s to bring it into the light and let the light destroy this darkness.

  2. I thought Pastor Schaap said he didnt care as long as “the word of God” (as he calls it) was getting out? Clearly FBCH doesnt want these videos to be seen. What happened to the word of God getting out?

    Something is fishy here.

  3. And here I thought that the DMCA was supposed to be used for stopping evil music pirates. >_>

    I guess FBC has launched ‘The Great Purge’ (and its not against sin)… I say keep shining the light. Its fun to watch ’em squirm.

  4. I just read the notice and saw this at the bottom: Proverbs 16:3, “Commit thy works unto the LORD, and thy thoughts shall be established.”

    I think somebody is missing the point on that out there at Hammond. More like “commit thyself unto always defending thine pastor (including filing DMCA notices), that he may continue to unashamedly proclaim forth the truth as he sees it. His thoughts shall be established as truth in thine heart lest the wickedness of the world and those who disagree corrupt thee and lead thee to eternal damnation.”

  5. Oh my. It’s back on YouTube and in force. I lost count of how many channels have posted it. I think it’s in the twenties with what I counted,but i think it’s alot more. This is seriously going to come back to bite Jack Schaap and the FBCH.

  6. Schapp is trying to cover up everything he’s said because if one were to give him the benefit of the doubt, one would conclude that he doesn’t think before he speaks. (i.e. slapping Grandma) Now he apparently doesn’t want to think after he speaks either.

    Gibbs is probably evaluating a possible lawsuit now. How unfortunate.

  7. I’m sure he would be APALLED and HORRIFIED and so on to be compared to something secular (*gasp!*), but his problem is exactly the same one many companies and individuals have faced. If you do something stupid and it gets put on the Internet, *it is never going away.* You can try to take down videos, but that only encourages other people to reupload them. You can try to take down blog posts, but that only encourages people to repost them. You can try all you like to suppress things, but it’s only going to draw more attention to them.

    Politicians, companies, private organizations… none of them have learned their lesson yet. And evidently Schaap hasn’t either! He’s just fanning the flames at this point.

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