Notice and Sworn Declaration Exposing Google/YouTube Fraud
YouTube Terms of Service is rendered Null and Void ab
initio and
License is immediately and permanently Revoked for Fraud.
______________________________________________________________________
Date Executed and Submitted: March 28, 2023 via the YouTube appeal form and via
Twitter postings to @TeamYouTube, and via email directly to Google’s legal team
in San Bruno, California: legal@support.youtube.com.
Special
Notice to:
Neal Mohan, CEO, YouTube, and all Google and YouTube
Executives, Officers, Supervisors, Managers, Employees, Attorneys and contractors.(Google and YouTube, jointly, are hereinafter referred to as “Accused Fraud Perpetrator”
or simply “Accused”)
Identity
of Fraud Victim:
1515 E 11th Pl., Big Spring, TX 79720j
Email: clarencemalcolmtrucking@gmail.com or bemore2seemore@gmail.com
Facebook: http://facebook.com/JusticeRanger007
Google/YouTube Terms of Service, a Contract.
2. Accused means Google LLC, a legal entity, which is the YouTube owner and service
provider.
3. Terms of Service means the agreement, or contract, between Accused and Complainant which was established at the time Complainant “accepted” the “offer” of Accused to qualify for authorized access to the YouTube video hosting and archiving service. In this presentment, “Terms of Service” is synonymous with “agreement” and “contract.”
4. YouTube Premium means the upgraded monthly fee-based subscription offered by YouTube. The service provides ad-free access to content across the service, as well as numerous other features and benefits.
5. Intellectual Property means creations originating from the mind of Complainant, including but not limited to, his artistic works, inventions, illustrations, pictures, images, writings, symbols, logos; and, specifically, his films which were digitally uploaded to YouTube. Complainant is the exclusive originator, creator and owner of his “intellectual property.” In the Terms of Service, Accused uses the word: “Content” to describe the property of Creators which Complainant identifies herein as “intellectual property” and, periodically, as “Content” – using the wording of Accused. What Accused calls “Content,” Complainant deems “Intellectual Property.”
6. Fraud means a tort of deceit, by omission and/or commission, for inducement into contract; also, a deception, trickery, ruse, artifice, contrivance, foul play, and/or misrepresentation, implemented for the purpose of delivering an unfair or illegal advantage to Accused while victimizing Complainant to his detriment, harm and injury. Fraud may take the form of a breach of contract, an unconscionable contract and/or a failure to disclose a material fact, or facts, which ought to have been originally disclosed to Complainant at the outset.
7. Failure to Disclose means the failure of one or both parties to reveal a material fact or any element of relevant knowledge which would have caused one or both involved parties not to have agreed to the contract initially if they had known the true nature of all the elements prior to original acceptance.
8. Breach of Contract means a violation, by either party, of any of the agreed-upon terms and conditions of the contract.
9. Unconscionable and/or Abusive Contract means a contract that is so severely one-sided and unfair to one of the parties that it is deemed unenforceable under the law. Unconscionability in contract law means that the contract is one that leaves one of the parties with no real, meaningful choice, typically due to significant differences in bargaining power between the parties to the contract. One of the main characteristics of unconscionable contracts is that one of the parties signed the contract in a situation that involved pressure, lack of information, or because they were misled. A typical example of an unconscionable contract occurs when one party is an experienced or crafty legal expert in writing elaborate contracts and the other party is a layman: an ordinary or average man or woman with no expertise, whatsoever, in the same arena.
10. Fiduciary Relation means the reposing of good faith, honesty, confidence, reliance on fairness and trust in both parties to a contract; the trustworthiness mutually expected by both parties in complying with the written Terms of Service via full and complete disclosure, transparency, knowledge and consent.
11. License means permission, and authorization, granted by Complainant to Accused to use his Intellectual Property, or “Content” (YouTube wording) worldwide; this “License” is deemed by Accused to be non-exclusive, royalty-free, sub-licensable and transferable to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service, as well as granting other users of YouTube the right to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Service. Purportedly, said License is perpetual, irrevocable and authorizes permanent data-keeping in YouTube’s servers.
12. Elder Abuse means a senior citizen, 60 years or older, who is the victim of abusive and/or malicious behavior which causes undue emotional and psychological pain, anguish and distress to an elderly man or woman. Complainant deems himself to be a victim of malicious and deliberate “elder abuse” by Accused. Elder Abuse is a felony crime.
STATEMENT OF FACTS
I’m a 64 years old retired senior citizen, presently living in Zamboanga del Sur, Mindanao, Philippines, with my Filipina wife. I’m competent to testify in court concerning this Notice and Sworn Declaration Exposing Google/YouTube Fraud.
Prior to having my YouTube “Cosmic Mystic” channel abruptly terminated by Accused, without prior notice or warning, on March 23, 2023, Complainant was a Premium member to YouTube. Complainant originally accepted the Terms of Service, a contract, offered by Accused because he desired to take advantage of the many features and benefits offered by a YouTube membership subscription. Moreover, Accused believed YouTube to be a dependable, trustworthy and secure platform for uploading, downloading, viewing, storing (i.e. archiving), and otherwise freely accessing his valuable films (“intellectual property”).
At the time of his sudden termination, Complainant had ten (10) videos, he estimates, archived on his channel. YouTube had scrutinized and approved all Complainant’s videos for public viewing, as they do all uploaded films. YouTube had not determined any of Complainant’s “Content” (YouTubes wording) to be a breach of the Agreement or to be a cause of harm to anyone. People could simply visit Complainant’s channel or click a provided link to watch one or more of his YouTube-approved films.
On March 24, 2023, Complainant re-read the Community Guidelines: https://www.youtube.com/howyoutubeworks/policies/community-guidelines/ and Term of Service: https://www.youtube.com/static?template=terms as published by YouTube in an effort to try and determine why his channel was abruptly terminated, absent any prior warning or notice. By carefully examining the Terms of Service, Complainant realized he had been defrauded at the outset of the contract.
Fraud by Breach of Contract
[copied and pasted from YouTube’s page].
My grievance, and claim of fraud, hinges on the fact Accused abruptly terminated my channel (i.e. eliminated my “rights required by these terms”) and thereby made it impossible for me to remove my Content. This deprivation constitutes a clear breach of contract. Accused is informing me I "must" remove my content if I’m terminated (i.e. “no longer have the rights required by these terms.”), yet by terminating my channel without prior notice or warning, Accused has made it impossible for me to download (“remove”} my Content or make a copy of my Content. The inherent Fiduciary Relation existing between Accused and Complainant has been atrociously violated by Accused, as well.
Obviously, Accused realizes the fact members utilize YouTube to archive their videos which they know they can freely access and download, or copy, at any time. YouTube invites members who voluntarily terminate their respective channel to “download a copy of your data first.” Therefore, Accused is well aware of Complainant’s need, and right, to access his films for final download prior to voluntarily closing one's account or an account suspension or termination.
Complainant repeated notified Accused of his need to access his films for final download but has been wrongfully ignored. Complainant informed Accused to “please, at least” email him his films. Accused, as of the date of this presentment, has refused to do so! This malicious, and wholly unnecessary villainous behavior by Accused, is not only unprofessional, it’s unreasonable and unfair – if not criminal. Complainant deems the refusal of Accused to provide Complainant a final YouTube access to his valuable films, is not only a breach of contract, but. also, constitutes “elder abuse” because Complainant is suffering tremendous emotional and psychological pain, anguish and distress as a result of the apathy and reckless disregard of Accused.
Fraud
by Failure to Disclose
This next section of the Terms of Service contract clearly proves Accused is guilty of Fraud by Failure to Disclose. YouTube’s Terms of Service specifically states the following [copied and pasted from YouTube’s page].
In the “Account Suspension and Termination” section of the YouTube Terms of Service, members are informed: “YouTube reserves the right to suspend or terminate your Google account or your access to all or part of the Service.” The latter part of this sentence completely opposes and contravenes YouTube’s prior assurance and instruction in the “Removing Your Content” section where it clearly reads: “you must remove your Content if you no longer have the rights required by these terms.” For a layman, like Complainant, this wording by Accused is extremely ambiguous and confusing, if not downright deceptive. Nevertheless, in reading this, Complainant was originally induced to believe he would always be able to access and download or make a copy of his Intellectual Property, even if his channel was terminated.
Had Complainant been originally informed by Accused that if his account was ever terminated, notwithstanding his layman’s understanding or misunderstanding and interpretation or misinterpretation of the ambiguous, confusing and obviously contradictory wording in the Terms of Service, he would never be allowed to access, download or copy his YouTube-archived Intellectual Property; and that, while he was permanently deprived of his creative work, YouTube would, or could, continue to benefit and/or profit from it, then Complainant would have, more likely than not, decided not to subscribe to the YouTube Service of Accused.
Complainant was led by Accused to believe his Intellectual Property would always be safe, secure and accessible by him on the YouTube platform. This Accused-induced belief has proven to be a huge fallacy. Complainant believes many thousands of Creators like himself have been defrauded and wronged by Accused in like manner as he has; and, further, he believes the only way for all these ordinary people to obtain justice and remedy from such a gargantuan and arrogant corporate entity as Google LLC/YouTube is to pursue a multi-billion-dollar class-action lawsuit against Accused for fraud and unjust deprivation of a final download of YouTube-archived films following a termination of one's YouTube channel.
The
Terms of Service is an Unconscionable Contract
Complainant deems the YouTube Terms Of Service to be so one-sided and unfair that it shocks the conscience and has severely injured him by taking unfair advantage through crafty, deceitful, conflicting, confusing, contravening, and contradictive and ambiguous wording.
Felony Elder Abuse
Complainant,
a 64 years old senior citizen, has suffered severe “Elder Abuse,” a felony,
by Accused. Complainant has written Accused several times using the appeal
form – the link to which was provided him at the time Accused emailed him
to announce his channel was terminated – but, as of the date of this
presentment, Complainant has been wrongfully, and suspiciously, ignored. This
deliberate (evidently) conduct has severely harmed Complainant and caused him continuing
extreme emotional and mental anguish and distress.
The reason Complainant is suffering tremendous emotional and psychological pain, anguish and distress is because he continues to be wrongfully, if not illegally, denied access to his valuable films which he spent hundreds and hundreds of hours producing. Complainant even asked Accused to simply email him his ten films. Accused ignored this most reasonable request which would have settled this matter in the mind of Complainant.
Since Accused is hellbent, evidently, on never restoring Complainant’s Intellectual Property, he previously submitted an OFFER to Google LLC/YouTube – via the appeal form on YouTube’s website and via Twitter postings to @TeamYouTube – to purchase his ten 10 films for One Hundred Million Dollars ($100,000,000) each, or One Billion Dollars for all of them; but, even this OFFER did not motivate Accused to restore Complainant’s Intellectual Property to him, thereby causing further aggravated harm and injury to Complainant due to the fact his films hold tremendous sentimental as well as monetary value to him, almost priceless.
If Accused intends to never permit Complainant to receive his ten films, or a copy of them, while Accused continues to enjoy sole possession of, exclusive control over, and derivable benefits from them . . . then Accused, by tacit acquiescence and implied contract ACCEPTS Complainant’s OFFER and agrees to pay Complainant the One Billion Dollars price for all ten films.
CONSEQUENCE of DISCOVERED FRAUD
Pursuant
to clearly established Contract Law, the Terms of Service “contract” between
Google LLC/YouTube (“Accused”) and Complainant is rendered null and void ab
initio by the obvious and irrefutable fraud discovered by
Complainant.
SWORN DECLARATION
March 28, 2023
I, Clarence Douglas Malcolm (“Complainant”) hereby attest under penalty of perjury, pursuant to the laws of the united States of America and Texas state, my discovery of fraud in the Terms of Service (“contract”) between Google LLC/YouTube (“Accused”) and Complainant. This fraud was perpetrated against me by both breach of the contract and by failure to disclose material facts and relevant information which Accused had a legal duty to convey to me at the outset.
Complainant is ready, and willing, to testify in court under oath to his knowledge of the fraud perpetrated against him by Accused.
Complainant continues to be wrongfully, if not illegally, deprived of
his intellectual property and otherwise severely injured as a result of the
fraud perpetrated on him by Accused. Notwithstanding Complainant having
repeatedly, in writing, demanded the restoration of his intellectual property,
Accused has taken no action to do so, as of the date of this presentment, a continuing
deprivation which has caused great emotional and mental pain, anguish and
distress to Complainant.
Not only does Complainant deem himself a bonafide victim of outrageous fraud by Accused, but also, a victim of felony elder abuse due to Accused having deliberately (evidently) caused him much emotional and psychological pain, anguish and distress by unjustly continuing to withhold his valuable intellectual property from him.
YouTube Terms of Service is rendered Null and Void ab initio and
License is immediately and permanently Revoked for Fraud.
Conclusion
Having
formally declared and exposed the fraud, Complainant legally and
lawfully demands his Intellectual Property be promptly restored to him,
undamaged, uncorrupted, and complete, in same condition as it was when
originally uploaded to YouTube. Accused may adequately settle this matter by
simply emailing Complainant his ten films in a format which can be easily
decompressed and saved to his cellphone or computer.
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