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5. Find out it doesn't work. YouTube's enforcement system is not set up to treat every actor in it equally. It's set up to favor big rightsholders like record

5. Find out it doesn't work. YouTube's enforcement system is not set up to treat every actor in it equally. It's set up to favor big rightsholders like record labels at the expense of everyone else. So your attempt to get all those videos demonetized, or get copyright "strikes" on the big labels' accounts, isn't going to succeed. Notices filed against those accounts probably go into a black hole (and you have no DMCA remedy, because YouTube doesn't use the DMCA system, requires you to use that system as part of its terms of service, and so isn't obligated to act DMCA-style on complaints filed through its separate non-DMCA system).

rmc 9y ago
> YouTube doesn't use the DMCA system Are you sure? Wouldn't they then lose the "safe habour" protection from the DMCA, and then be more liable? I know they can, and do, go beyond the DMCA, and take down things more often. But I thought they would still want to keep the benefits (for them) of the DMCA
- ubernostrum 9y ago
  YouTube will react appropriately to a DMCA notice if you send them one. That's all they have to do to keep their safe harbor. Anyone can go look up their registered agent and do it. But YouTube's own easy-to-use automated enforcement system is very different from the DMCA, and almost certainly will ignore or at least massively de-prioritize notices-within-that-system-which-are-not-DMCA-notices against a major company. So if you felt you had a real case you'd probably have to actually send a DMCA notice, which would just result in automatic counter-notice and YouTube saying "well, we followed the rules, if you want more to happen you have to go sue that gigantic company all by yourself".
  - rmc 9y ago
    OK, that's what I thought. I thought the DMCA required something to be down for a certain amount of days (1? 3?), like you cannot just auto put it back up, right?

rmc 9y ago

> YouTube doesn't use the DMCA system Are you sure? Wouldn't they then lose the "safe habour" protection from the DMCA, and then be more liable? I know they can, and do, go beyond the DMCA, and take down things more often. But I thought they would still want to keep the benefits (for them) of the DMCA

ubernostrum 9y ago
YouTube will react appropriately to a DMCA notice if you send them one. That's all they have to do to keep their safe harbor. Anyone can go look up their registered agent and do it. But YouTube's own easy-to-use automated enforcement system is very different from the DMCA, and almost certainly will ignore or at least massively de-prioritize notices-within-that-system-which-are-not-DMCA-notices against a major company. So if you felt you had a real case you'd probably have to actually send a DMCA notice, which would just result in automatic counter-notice and YouTube saying "well, we followed the rules, if you want more to happen you have to go sue that gigantic company all by yourself".
- rmc 9y ago
  OK, that's what I thought. I thought the DMCA required something to be down for a certain amount of days (1? 3?), like you cannot just auto put it back up, right?