November 19, 2014

Ripley and Laura Davenport and the North of Denmark (NOD) Video.

I stand corrected on the question of who created and therefore owns, the "NOD" video linked below. According to Soren Braes, owner of Pilotur and maker of the North of Denmark (NOD) watch, Ripley Davenport created his own version of a promotional video (as per his sponsorship agreement for Ripley's 2010 Mongolia expedition) but Pilotur was not happy with it. Ripley Davenport's video already had a soundtrack "All I need" by Air but no permission to use the song. Pilotur declined to use that for obvious copyright reasons. Pilotur than recut the video using the existing material and adding other material. The song "Mongolia" was chosen in the belief that it was public domain. Pilotur has now rectified that problem with the song's author.

Ripley Davenport failed to meet other conditions of the sponsorship agreement and given the poor relations with Davenport, Pilotur never used the video for promotion.

I offer my apology to Ripley Davenport for incorrectly asserting that he was the person who made the NOD video (and included the song "Mongolia"). I reached that conclusion because Ripley's wife, Laura, claimed ownership of the video when she asked Youtube to remove the video from my account. Clearly, this raises the issue of Laura Davenport making a false representation to Youtube (see below). As much as they would like to have things both ways, Ripley and Laura Davenport can't falsely claim ownership on one hand and then deny ownership (and responsibility for use of the song "Mongolia") on the other.

Here are the boxes that Laura Davenport HAD TO CHECK and sign with her digital signature in order to file her claim to take down the NOD video which the Davenports now acknowledge, even insist, is owned by Soren Braes at Pilotur. Note in particular the section highlighted in red.

By checking the following boxes, I state that:
* I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
* This notification is accurate; and
* UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* I acknowledge that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

* I understand that abuse of this tool will result in termination of my YouTube account.
Typing your full name in this box will act as your digital signature.

Soren Braes did not authorize Laura Davenport to act on his behalf. Laura Davenport initiated the demand to have the video removed and has apparently perjured herself and made herself liable for damages.

And none of this changes the fact that Ripley Davenport and his wife Laura have a well documented history of working together to falsify and embellish Ripley's story in order to fool and defraud people and institutions.

Kent Madin

First Post:

In 2010, Ripley Davenport created this video to promote the North of Denmark (NOD) watch brand which had sponsored his solo expedition to Mongolia. The website for the Mongolia walk no longer exists. There are many questions about the conduct of that walk, including when he actually built his trailer in Denmark and whether he actually did any training with the trailer fully loaded before going to Mongolia. Those are questions Ripley can answer any time he chooses.

Shortly after coming across the NOD video in 2012, I downloaded a copy to my Youtube account. I saved the video there as part of the documentation of Ripley Davenport's story. Such use is generally considered protected under the Fair Use Doctrine.

In November of 2014, Ripley claimed the video was his copyrighted material and asked Youtube to take it down from my site, which they did and I didn't object. Instead, I have contacted Pilotur to try and determine whether proper ownership is theirs or Ripley's since it was apparently made as part of the agreement for sponsorship. The video has not mention on it of copyright. One can only speculate why Ripley removed the NOD video from his own Youtube account and demanded the removal from mine. One reason could be that in the video he claims to be a "British Marine Soldier". There is no such thing in the British Military. His map of the expedition also erroneously shows a complete traverse of Mongolia, the original plan. In fact, he quit the trip after around 2/3rds of the distance shown.

The sound track for the video is a copyrighted song, "Mongolia" by Michael Proctor. Ripley used the song in the video without attribution and never contacted Mr. Proctor for permission. This is confirmed by Mr. Proctor who has asked Ripley to cease and desist or apply for rights to use the song.

Apparently the irony of indignantly demanding the removal of a video you may not even have ownership of but which includes music you lost on Ripley.