Casefile ep26: Lisa Marie Young - Update

Summary

Casefile - Case 26: Lisa Marie Young — Update - Anonymous (Australia) Dec 23, 2016 (pod20161223)

source: https://play.acast.com/s/casefiletruecrimepodcast/case-26-lisa-marie-young--update
youtube: https://www.youtube.com/watch?v=AJPI03ImNyQ
archive: https://archive.org/details/casefile-26
local copy: https://lisamarieyoung.ca/podcasts/pod20161223.mp3

An update to the first podcast produced about Lisa's case. The show's anonymous Australian host has contact from Chris Adair — leading to the popular podcast dropping SoundCloud as a provider — and the host extending an invitation to Adair. Listen to the original episode here.

[Reproduced under Copyright Act (Canada) s.29.2 — Fair Dealing for the purpose of news reporting]

So, one week ago I received an email from SoundCloud. An important notice regarding a violation. One of our tracks was found to be in breach of their terms of use. The track in breach was Case 26 - Lisa Marie Young. To be honest I didn't even read their email properly, because straight away I thought that's the only episode that we play a full song on. The beautiful track written and performed by Lisa's friend, Allison Crowe, titled "Lisa's Song".

I assumed that was the issue. SoundCloud realized there was a song played on the podcast and they believed there might be a copyright issue or something, so I replied to the email and didn't think too much more of it. I knew we had full permission to use the song and I thought it wouldn't take long to sort the issue out.

A few days passed and I still hadn't heard anything back from SoundCloud and the track was still down, so I mentioned it to a friend who I then showed the email to. He pointed out that I was completely wrong. The violation had nothing to do with the use of a song. I'll quote directly from the email:

"One of your tracks has been found to be in breach of our terms of use on the grounds of violating an individual's right of privacy / publicity, without their prior consent." The track in question is "Case 26: Lisa Marie Young".

So that changed things a little bit. If I had actually read the email properly to begin with I would have realized earlier. So I got in contact with SoundCloud again, requesting more information: What individual was making this complaint? What are the specifics of the complaint? You know, give me some more information SoundCloud. Something.

It didn't make any sense to me at all. All the information from that episode was found online, so it had to be publicly available already, otherwise I wouldn't have found it. I still haven't heard anything back from SoundCloud at all.

So then I woke up this morning to find out that complaints had also been made to Stitcher and iTunes, however as they don't host the actual files the complainant was directed to where we host. The complaint was then forwarded on to me/ The complaint says, quote "they do not have my permission to use my name in the audio file and to publicly announce my name along with my birthdate. It is illegal to do what they did, to list my birthday, name and the city and my charges, which are not public information."

The complaint came from a person who gave the name Chris. The time codes given in the complaint match the times I talk about Christopher Adair, driver of the red Jaguar. The man who Lisa left the party with after which she was never seen again. So he is the last known person to see her alive. I emphasize the last known person. We aren't making any accusations, and did the information about his record that he's complaining about actually came from the Government of British Columbia Court Services online website: justice.gov.bc.ca/cso/index.do

It's right there, free for anyone to search for and find. A government website. The website states the information is available to the public to ensure an open and transparent judicial process, in order to preserve public confidence in the courts, and to the administration of justice.

So a search comes up with Christopher Adair's year of birth, charges, name and city. We don't actually give his birth date in the episode, just his year of birth. The website says the court record information may be used without permission for public information and research, provided the material is accurately reproduced. We acknowledge the website as a source in the show notes. We don't say anything that wasn't there in black and white on the site. Information we came across while researching this case.

If it was in fact Christopher Adair who made this complaint, I didn't realize he was a listener of the show. We did try and contact him for comment at the time we were researching the case, but we couldn't get in touch, so we'd like to extend an offer for him to come on and have his say. We would be more than happy to make that happen, any time.

Also we will be closing our SoundCloud account completely. There is nothing that they offer that can't be done on our web site, casefilepodcast.com.

Episodes can be streamed and MP3 files downloaded directly from our website.

Thank you.

[Music]