{written and misplaced 30May2021} - i'll stream on YouTube, and it'll take another year to prepare for it.

a pair of things [so, two things, one whole event] happened, today, and i am debating if i should go ahead and stream on Twitch or not.

there are streamers and moderators who think they can get away with treating people like crap, and they can because ... well, strength in numbers and Twitch is more inclined to take the word of the numbers over the word of the one.

yes, i keep a running tally of the channels that i'm banned from, on my Twitch About tab, and a lot of those bans are only because i keep that list.

today, i got unbanned and rebanned in the span if a breath, and Twitch isn't going to do anything to that streamer for being toxic, so that entire list gets to sit there and laugh at me, treat people like crap, because they're protected by a crowd of other toxic people, who all tell the same story.

if i was the toxic streamer, Twitch should and would penalize me; they won't touch that list, and i feel like i want to not stream on a platform who's toxic by proxy. :/

you guys might check 'em out and decide that there's nothing wrong with those streamers--nothing wrong with their mods, even--and tell me that my ptsd is just making me fantasize mistreatment.

well, so be it, ya' know?  i don't mind being alone.

i won't be tuning into any streams over the weekend; i'm feeling pretty angry.

{ROUGH DRAFT} - US Copyright Law [Title 17]: song "covers" protected under Fair Use Act from abuse of DMCA.

i received a playlist in the mail, today [29March2021].

if a Strikedown Request comes to me through Twitch, for having played any part of it for my streams, instead of through the new Copyright Small Claims Board, i will petition the new Copyright Small Claims Board to enforce protections placed by "Fair Use" Act not only upon my use of the playlist but also upon the copyrights held by Sina Doe and Avonlea.

the only permission i DO NOT have, relative to this playlist, is permission to SHARE COPIES OF it, which i wouldn't do even with permission; you must purchase the playlist, yourself.

furthermore, if a Strikedown Request is aimed at Sina, for being the performer of the cover [referenced in the Stridedown] that i had played on my stream, i will DEFINITELY petition the new Copyright Small Claims Board for enforcement of "Fair Use" which protects the cover as Sina's original work.
_____

{disclaimer} - if you would like to purchase this playlist, you must do so by having subscribed to Sina Doe on Patreon for three months.  having purchased the copy that you would, then, be playing on stream:  you are protected, as the copy's owner, under "Fair Use".  copies of all three Chi Might albums may be purchased from Amazon Music, and each track will come with a Purchase Code which will prove your protection from DMCA under "Fair Use".

hopefully, you subscribe to Sina for the long haul.  she is well worth the investment.

this playlist includes "covers", which are also protected as original compositions/performances by "Fair Use Act" [US Copyright Law (Title 17)].

this is my primary playlist, until i can decide on the language of the disclaimer for Halocene 's "DMCA-friendly" playlist on Spotify.

to be fair, in my [recent] first letter to the new Copyright Small Claims Board, i fudged what Halocene means by disclaiming that "These originals ARE NOT COPYRIGHT- NOR ROYALTY-FREE".  i forgot that i did that half-deliberately, then forgot and stuck my foot in my mouth when i told Halocene that i did it.

i have never claimed to not be the dumbest person on Earth.

when i first learned that Halocene has been streaming on Twitch, i refreshed myself on their music, and i spoke with someone in the comments of one of their YouTube videos about DMCA and maybe claiming them as my "House Band" for GooseandClover Broadcasting.  i was encouraged to be mindful that Halocene requests credit for all of their music that is played in a stream, which is never an unreasonable request from anyone.  also, my personal choice to forward all tips that i receive while playing their music during a stream, in their entirety, covers paying for royalties that i would owe them [i hope] for playing their music on stream, though i would prefer that tips are given directly to Halocene through their Twich channel's "donation" link. {... and tips can be given even when the recipient is offline; they will get a notification, one way or another, and would not have to respond to it immediately.}

"These originals ..." indicates Halocene's understanding, too, that their covers are protected under "Fair Use" as independent original compositions/performances, seems like, and i've been learning about that a little more intimately while watching their live Patron-only streams.

my letter to the new Copyright Small Claims Board

  ~;

i am not yet a streamer, and my goal is to "push" for Twitch Affiliate in June or July.

one of the reasons why my goal is yet so far away is so that i can teach myself how i can abide DMCA by using Fair Use Act, even when i am not using the Amazon-provided in-stream extension that bridges Twitch with Amazon Music [purchased content] and Amazon Music Unlimited [paid subscription content], both of which fall under Fair Use Act.

also, i am glad to see that there is a Small Claims Board here, now; someone with whom i might gain an appropriate reference.  if i can get free legal counsel from the Copyright Office, as well--since Small Claims Board happens to be new and happens to be a committee rather than an actual court--that would be beneficial for all, as well.

just the other day, i clicked on a YouTube notification to open a new post by guitarist [female] Dominique Ruiz, who posts intro videos to show off her skills.  the page loaded, and there was a glaring notification in place of the video that Warner Music Group had "taken the video down", which seemed to be a strange way to say, "YouTube has taken this video down upon request from Warner Media Group."  it's my opinion that the claimant should not have the power to actually take anything down, especially now that Small Claims Board has been initiated. {furthermore, sharing of playing of intros is protected under Fair Use Act.}

there are other instances where Fair Use Act applies, mainly in the case of playing purchased content over a stream on the internet:  granted, it would be terrific [for instance] for Sasha Grey to have a camera focused on her turn table so that the audience can see that she's indeed playing from a vinyl record which she owns ... 0_o oh, wait!  she does!

i'm one of the ... maybe, 1/3 of Twitch streamers for which streaming will be a hobby, also.  we hobbyists should be protected from Strikedown Claims, shouldn't we? because, in our case, we're sharing the music with our guests same as in a "in-real-life" cocktail party or gathering, and Peaceful Assembly is protected under the First Ammendment.

in some cases of streamers who are employed--particularly those who are self-employed, rather than those who are employed as part of a contract, as streamers--the same holds true.  really, it's only the music which is used in their "Alerts" that are being used for advertisements, and those alerts are Clips which are protected under Fair Use Act.

last year, the major uproar was about DMCA-covered music which happens to be in the soundtracks of particular video games being Incidentally played over stream and, instead of attacking the producers of the video games [who have control over the video game soundtracks] Strikedown Claimants went after the streamers, even though playing of the content over the streams is protected under Fair Use Act because it's INCIDENTAL; the streamer has no control over the content provided by the video game companies even though they have control over which video games they stream, and it is unreasonable to ask that no Videos On Demand of streams be recorded, saved, and highlights cut/shared from ...

last year, was just plain unreasonable.

it is known that video game streaming by amateur broadcasters over Prime Gaming [Twitch], YouTube, Facebook, Twitter, etc. is a relatively new and growing employment avenue, which includes sponsorships and eSport scouting.  streamers WILL play video games, and they have no control over the soundtracks of the video games that they play, so the streamers are protected under Fair Use Act.

this letter is already waaay too long, and you don't have all day, so i will simply ask that you think about the truth that Fair Use Act is also included in TITLE 17, and that it's there to protect the general public from the corporation.

last thing:  i've chosen, for my "house band", Halocene because they produce their own content independently.  should any of you choose to, you may subscribe to their Patreon [pron. Pat-ree-on by the Patreon administration, even though the majority of the users pronounce it Pay-tree-on].  Halocene live-streams their production of various songs--including covered, collaborated, reworked, remixed, and original.  in a channel of their Discord server, they offer a link to their "DMCA-Friendly" playlist on Spotify, and they remind us that their covers ARE NOT royalty-free; Halocene pays royalties, they're pointing out that they've taken on accountability for royalty payment of their covers so that we [streamers] may play their covers without fear of DMCA abuse.

i might be the only streamer to do it, and i have already begun to ask for my viewers to send tips directly to Halocene, asked my viewers to help them pay for royalties since Halocene is so generous.

why shouldn't the Small Claims Board apply Fair Use Act as often as Digital Millenium Copyright Act?  why shouldn't the general public also be protected, from DMCA abuse?

thank you,
braneugbolhuis
brandon eugene bolhuis
USN Veteran [OS3], Plankowner/Shellback CVN-76 [29NOV2001 - 12NOV2004]
Twitch:  @gooseandclover
YouTube:  @stalker286

so ... yeah ...

first of all:  it came to my attention, a few nights ago, that i won't be able to perform any puppet shows for my stream except in the traditional sense, and there are enough traditionaly puppet shows in the current streaming industry that i don't feel comfortable with sharing that interest of mine in exhibition.

i have other interests, however, through which i hope to express my Schizotypal Personality Disorder, even while i will forever be working on keeping my PTSD in manageable shape

_____

second:  i need to take a pseudo-break from twitch and social media for a while.

my goal is still to start streaming in either June or July and, with the impending potential of the Stimulus in progress, i should be mostly ready by then--including sound-suppressing material for my tiny little studio, and including having cleared the studio out for streaming.

the reason why i need to take a break is that my goal for a writing project that i've challenged myself to had been to start working on it on my last birthday [!birthday in my discord server (which can be accessed from my twitch profile) or in the chat area of my twitch channel], and it is already March without my having started on it outside of compositional theory.

there is some reading that i was in the middle of when i first felt inspired to write Soulspent, which is the working [not the finished] title of the third book of the Legacy Of Tril trilogy.  the Legacy Of Tril's original author is [Heather] Z Brewer, aka Pibling Z.  Pibling Z has been an inspiration and a solid socio-navigational reference for me, and those are huge reasons [apart from procrastination] why i've done so much pre-thinking about this final installment.

my attempt to complete the trilogy is Fan Fiction, will be Fan Fiction, and will be the grandest adventure of my life to write.

_____

-  currently in the middle of Bloodhound by Tamira Pierce, second of the Beka Cooper trilogy.

-  need to re-read Souldbound and need to read Soulbroken by Z Brewer, to catch myself up and get my bearings.

-  need to read Any Man by Amber Tamblyn for a writing style reference, and potential subject matter reference.  {the reference for writing style alludes to my own desire to have not only a unique "Author's Voice" but also a unique expression of it.}

-  need to read [and likely rewatch] The Princess Bride by William Goldman for my bearings on the desired "big picture" image.

-  for thematic material and theatrical delivery reference:

   --  i need to re-read Pirate Latitudes by Michael Crichton

   --  i need to finish reading The Fool's Girl by Celia Rees

   --  i need to re-read Sovay by Celia Rees

   --  would like to read Pirates! by Celia Rees

   --  would like to read Persimmon Apricot, Gunslinger by Jason S. Litz

-  need Pilot G2 0.7 mechanical pencils and Pilot Neox 0.7 B-grade pencil leads {reference MentalFloss}

-  need a particular set of notebooks from Moleskine as well as the 5-piece [monochrome] pencil set {and might as well get the Eraser & Sharpener set, as well} from Moleskine.

-  need Irwin Strait-line carpenter pencils [yes, for writing] and a few Irwin-brand sharpeners.

-  would like notebook covers from Hide & Drink for the above Moleskine notebooks.

-  would like Pilot G2 0.5 mechanical pencils and Pilot Neox 0.5 F-grade pencil leads.

-  would like Pilot ENO Neox 0.7 color lead, including Breast Cancer Awareness Pink.

there are some pencils that i would like, at some point, for my drawing and drafting, too.  i might stream putting up the sound-resistant material in my studio.  will likely get all of that with the next stimulus.

About Tab; Panel 2 for each Twitch profile "gooseandclover" and "sudo_gooseandclover"

US Title 17 - Copyright Law (Complete)
_____

{"Audio for portions of this video has been muted as it appears to contain copyrighted content owned or controlled by a third party." ... ... ... this is NOT the streamer's prompt to complain about the DMCA Crackdown of 2020.  this is the streamer's prompt to check their stream, and the music played on it, against the below checklist; if it's good according to the "Fair Use" Act, then the streamer should bring it to Twitch's Attention because a MUTING does not necessarily equal a TAKEDOWN; even Twitch has admitted, as mentioned well below, that their bot (whose name i've forgotten ... Nighthawk or something, idk) makes mistakes, Twitch would just prefer to be safe than sorry, and streamers are WELCOME TO APPEAL their mutings, if not the takedown requests.}
_____

First Ammendment [CONUS Bill Of Rights]:  "... or the right of the people peaceably to assemble ..."

_____

Title 17 [US Copyright Law] - Chapter 1 - 107 - "Fair Use":  "... The fair use of copyrighted work ... is not an infringement of copyright.  In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include 1) the purpose and character of the use, 2) the nature of the copyrighted work, 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and 4) the [a]ffect of the use upon the potential market for or value of the copyrighted work."

_____

1)  Purpose and Character Of Use:  same as playing music at home while hosting an at-home party.  Atmospheric and Consumer use rather than commercial nor non-profit use.  i do not play this music hoping that doing so will bring me profit; i do not solicit tips, donations, payments nor gifts in any way, i simply provide the means for viewers to give of their own volition and the reminder that it Is a gift and, therefore, is non-refundable/non-returnable.

2)  the Nature of the copyrighted work:  in this case, I PAY FOR a subscription to Amazon Music Unlimited, and I HAVE PURCHASED DIGITAL COPIES OF MUSIC from Amazon, and i am making use of Amazon's handy Amazon Music Extension for Twitch.  therefore, I AM THE COPYRIGHT HOLDER FOR ALL OF THE MUSIC THAT I PLAY FOR MY STREAMS and I AM SIMPLY PLAYING MUSIC FOR PARTY AMBIENCE, which is protected under First Ammendment.

3)  the Amount and Substantiality of the Portion Used ...:  this is moot, because I PAY FOR LICENSE TO HOLD THE COPYRIGHT OR HAVE PAID FOR THE COPYRIGHT HOLDERSHIP OF THE MUSIC WHICH I PLAY FOR MY STREAMS.

4)  the Affect of the Use upon the Potential Market For or Value Of ...:  would be either NO AFFECT or POSITIVE AFFECT.  any negative affect would come from the commentary in the chat section of this stream, and such commentary is not tolerated by this stream's management.

_____

QUOTED directly from Twitch's own DMCA Notification Guidelines:  Please note that, under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. Twitch may, at its discretion, share a copy of your notification or counter-notification with third parties (this may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication).

1)  "knowingly *materially* misrepresents" means that a- it's being used to benefit the creator and their streams, b- the creator is deliberately either claiming that the copyrighted material in use is their own and/or is simply allowing the belief of their viewers that the material is the creator's original work. ...  this references "the Affect of the Use upon the Potential Market For or Value Of ..." as described above.

2)  "removed or disabled by mistake or misidentification" means either that a) even if it is in the soundtrack of the game being played [AND is embedded in the game]--if the creator mistakenly or deliberately claims that the material is their own, b) if it is a PC/Mac game, say, and part of the game file [particularly the audio files] is missing, c) voice-overs and dubbings are replaced by non-original castings, d) ... ... ... you get the gist ... could be held liable.

even Twitch's own DMCA Notification Guidelines support the application of Fair Use Act in response to DMCA takedown strike notifications.

US COPYRIGHT LAW is not nearly as complicated as even Twitch makes it out to be.  if the creator is the LEGAL copyright holder, the Record Label or whomever has no claim.  For instance:  Amazon is Twitch's Parent Company.  Amazon's Licenses with Record Labels and whomever relative to Amazon Music Prime and Amazon Music Unlimited make Amazon [effectively] the LEGAL copyright holder of any music played through their Amazon Music Twitch Extension; should the creator pay for a subscription to Amazon Music Unlimited, then the LEGAL copyright holdership of that music transfers to the creator, and that copyright holdership applies only when that music is played through the Amazon Music Twitch Extension.

applying "FAIR USE ACT" to Twitch Streaming

 alright, so ...

{before i begin} as for the rash of DMCA Takedown Strike Requests issued at Twitch Streamers regarding Video Game Soundtracks:  it is my opinion that the Video Game Production people should be addressed with the DMCA Takedown Strike Requests, and not the streamers WHO HAVE NO CONTROL OVER WHAT MUSIC IS SELECTED FOR THE VIDEO GAMES' SOUNDTRACKS.

whatever music is played AS INCIDENT FROM THE VIDEO GAME BEING PLAYED ON THE STREAM falls under the "FAIR USE" ACT where the streamer is concerned, even if it does not for the Video Game Production people WHO KNOW FULL WELL THAT THE VIDEO GAME WILL BE PLAYED ON A STREAMING PLATFORM AND THAT THE VIDEO GAME PRODUCTION PEOPLE WILL PARTIALLY PROFIT FROM THE SOUNDTRACK SELECTION THAT ONLY THEY HAVE CONTROL OF.

the Video Game Production people, AND NOT THE STREAMER, should be held accountable for PAYING ROYALTIES from the INCIDENTAL playing of the soundtrack of their video game on a stream.

granted, it is likely believed that streamers who stream as full-time employment, say, are profiting [themselves] from the soundtrack and that isn't true.  the streamer is profiting from their playing of the video game; the video game production people are profitting from the lift in sales of the video game due to the soundtrack which is played incidentally over the stream.

... ... ...

in my About tab, on my main Twitch profile [  ], i have posted a rundown of how the "Fair Use Act" of United States of America's Copyright Act applies to a Twitch stream; well, my Twitch stream, to be fair.

even so, streamers [because the whole world (a population of 7-ish BILLION PEOPLE) is smarter than i am] come to me and insist that "Fair Use Act" doesn't apply at all.

... ... ...

since my goal is to complete the Achievements for Path To Affiliate in either June or July 2021, i have between now and then to test my stream and ensure that everything on my end is working as closely to as it should be as it is within my influence for it to be.

that being said, i will shake it down in April and May, and i might run its first test on Valentine's Day because i will have nothing better to do.

since it will be only a test, i will not engage the audience personally, so i would like to play music to serve the purpose of audience engagement, in case anyone happens to stop in out of curiosity.

i OWN copies of quite of bit of music.  i own vinyl copies, compact disc copies, cassette copies, and some digital copies.

the digital copies that i own have come with Purchase Codes, which were inserted into the Comments section of the metadata; each track has its own Purchase Code, even though i've bought most as albums rather than as orphans.

so ... first thing on the check list is taken care of:  I CAN PROVE that i own license to play this music, including FOR THE PLEASURE of my audience because it is for my own PLEASURE as well.  to further my claim that i am playing it FOR PLEASURE ONLY, none of the $$$ generated during the playing of the track will be kept as my own profit; when i play "questionable" content, all $$$ generated during my playing of it [and i will play from only one artist/band for the entire stream] will be forwarded to the artist/band; this includes forwarding tips to Halocene, say, while i am playing their "DMCA-friendly" playlist from Spotify because they mention that the music is NOT ROYALTY-FREE even though we have their permission to play it, you know, THE ARTIST/BAND has taken on accountability for DMCA compliance so it is respectful of the artist/band for me to chip in to paying the royalties for the music that i play on stream.  that's why i have also listed Virtual Tip Jars in my About tab.

second thing on the check list:  even if i run a track through Zulu/MixPad and ADD MY OWN "PERSONAL TOUCH" TO IT, i won't be trying to pass the "ORIGINAL WORK" off as my own; i might list it as a collaboration, if i MIX it, and it is still NOT MY ORIGINAL work.  the only thing i have the right to say about it, in the realm of "it is mine", is that i own the copy of the track that i mixed and am playing FOR PLEASURE and, if i haven't mixed it, i DEFINITELY MAY NOT CLAIM THE WORK AS MY OWN, nor as anyone else's who is not the originator according to the album from which i am playing it.

third thing on the check list:  how does WORD-OF-MOUTH advertising not break the value of the work even nor raise the value of the work, except when a member of the audience [or, ok, the streamer] "talks shit" about it? so, there will be ZERO TOLERANCE for that in my stream; INSTANT PERMA-BAN.  this includes requesting a playlist change, or even just a track change, because an audience member or two happen to not like what is being played.  I ENJOY WHAT I AM PLAYING, and that's all there is to it.

fourth thing on the check list, as mentioned well above, is taken care of by--until i have a camera or two which i can place my compact disc, cassette and record players IN FAIR VIEW OF--playing only digital copies of the music i wish to play.

retouching on the first check box [who ACTUALLY OWNS THE RIGHT TO COMPLAIN]:  for the moment, my SUBSCRIPTION TO AMAZON MUSIC UNLIMITED is invalid; i have cancelled it temporarily because i cannot afford to pay for it, right now, on my fixed income.  without a PAID FOR SUBSCRIPTION, i will be playing only digital copies that i have purchased, and which have a PROOF OF PURCHASE attached to them.

{IF YOU HAVE A SUBSCRIPTION TO SPOTIFY PREMIUM, say:  the window that you have Spotify open in needs to be VISIBLE ON YOUR STREAM, so that you can hands-down claim that you pay for the subscription.  if you don't do that, then whatever your Customer/Account/Subscription Code is for your subscription must be listed somewhere in your stream's "metadata" so that it can be looked up, verified, and matched to you.  if you have purchased digital copies, play them with only the "app" through which you purchased them.}

... ... ...

US COPYRIGHT LAW APPLIES TO OTHER COUNTRIES WHEN THE MUSIC BEING PLAYED ON STREAM ORIGINATED IN USA.  when a stream sourced in USA plays music from another country, it is the originating country's copyright laws which apply; there is language in US Copyright law which defers DMCA Takedown Strike Request rights to a foreign country, when the production AND RELEASE of the music took place in that other country.

generally, when an album [say] is produced in another country and realeased in USA, it is listed so in the album's Production Credits.

... ... ...

while i'm at it:  WIKIPEDIA IS A RESOURCE, NOT A SOURCE, OF INFORMATION.  DO YOUR OWN HOMEWORK!

i have Schizotypal Personality Disorder ...

... and i happen to be "well-spoken".

... so it is very, very difficult for me to convey in words [whether written or spoken] what i would like for people to understand, if that makes sense.

for instance, i'm sitting here, staring at a photo of a "grand gesture" from boyfriend to girlfriend for the girlfriend's birthday, and i'm shaking my head and wishing that girls aren't so blind.

EVERY guy, even those who truly are creeps [even those who don't get away with being true creeps], knows what women want.  we know because girls tell us--all day, every day--especially in this day of instant sharing to the public masses.

those guys who are successful with women, especially those who fill the "grand gesture" demand not for the girl's sake but for their own sake, make [say] my social life that much more difficult EVERY DAY, ALL DAY.

if only because they extend "grand gesture"s so often that the value of a grand gesture from me ... well, a grand gesture from me has no value, and i'm told that i have no value, and it's spread around that i am undesireable.

... or guys extend "grand gesture" after "grand gesture" after "grand gesture", get in the girls' panties with each, and then the guys stop and stop putting the "good man" mask on, and i get punished for it.

... AND i get punished for every girl who's been raped or otherwise been mistreated by OTHER MEN looooong before the girl knows i exist.

i mean, why shouldn't i withhold grand gestures until i'm sure of the girl? because other guys just ply 'em out in order to endear themselves as quickly as possible to each girl, and to keep themselves endeared to each girl for as long as the girl puts out [even not talking about sex]?

the first of the three girls who sent me to prison ASKED ME for my opinion, from a man's point of view, as to why her ex-fiance broke their engagement off the week of their wedding.

i was honest, especially because i know that no other dude would be honest unless they're trying to get into her panties, so they wouldn't be honest:  i told her her own story back to her, verbatim.  i told her that he was likely already cheating on her, when they broke up, because that was the only way that he could keep himself from whining about her not spreading her legs for him until after marriage.  i told her that her modesty about pda just around her parents was likely the stresser between them, since he was getting his wick wet elsewhere.  she didn't "treat him like a king", and wouldn't until after they were married, and he got tired of waiting.

THAT is when she decided that i'm undesireable, and she started a quick chain of women punishing me for what OTHER MEN did wrong by them, punishment which culminated in me having to stay in prison for a couple of years because i got fed up and revolted, spoke up for myself.

ask anyone, including Twitch streamers:  i owe everyone everything.  no one owes me anything.  i have no right to speak up for myself, to stand up for myself, and i'm not valueable enough for anyone to speak up on my behalf, to go to bat for me.

"grand gestures" are the way to go, and that's AFTER the girl approves of the boy on a superficial plane.  the "superficial plane" includes storytelling, unfortunately, and i've derailed, so i'll shut up, now.