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If you're referring to the DMCA, there are two important things to know: 1. YouTube supports DMCA notices, because it has to in order to keep safe harbor, but
by ubernostrum 9y ago
If you're referring to the DMCA, there are two important things to know:
1. YouTube supports DMCA notices, because it has to in order to keep safe harbor, but YouTube's preferred/automated system does not use DMCA notices and so is not bound by the DMCA's rules.
2. It's next to impossible to meet the standard for getting punishment/damages out of a false DMCA takedown. The only part of a notice that's made under penalty of perjury is that assertion that you are, or are authorized to act on behalf of, a copyright holder. The claim of infringement is not made under penalty of perjury. The infamous Diebold case did get damages, but only because Diebold literally admitted in court "we knew this wasn't infringing but sent a takedown anyway". As long as the sender of the takedown notice isn't quite that stupid, they won't be on the hook for anything.
- colejohnson66 9y agoNumber 1 is the biggest. Youtube’s ContentID system isn’t based on the DMCA