4 ms·

Welcome to the DMCA. It's as broken as copyright and causing quite serious stifling of young creators. It sometimes feels like it's used more for evil than for

Welcome to the DMCA. It's as broken as copyright and causing quite serious stifling of young creators. It sometimes feels like it's used more for evil than for its legitimate purpose.

ekianjo 8y ago
Seems? More like its mainly used in this way nowadays. There is no risk in sending DMCA notices so of course its abused.
- dalore 8y ago
  Wonder if we can return the favour? If someone sends us an obvious unfair takedown (like in the article) we can name and shame them. And also do the same tactics, go to their content and report it as violation of your content. Even if it doesn't they still have to respond and go through the same hoops. If a group of us formed and we did this to all of them and gunged up the system, google would be forced to improve it.
  - jstarfish 8y ago
    > And also do the same tactics, go to their content and report it as violation of your content. This might work between rival game streamers or something but the law offices of Dewey, Cheatem & Howe likely do not have a YouTube channel for you to retaliate against.
    - Timmah 8y ago
      But you could find out who is legitimately using that copyright on YT and retaliate against them. For instance, if you use a clip of a Prince song that is taken down, and you determine that BMG music owns the Prince catalog, you could send automated infringement requests against PrinceVEVO or any official BMG uploads. Even better if you created a "burner" corporation. Ie P.O. box in Delaware and act on their behalf. They have to take you seriously because corporation, amirite?
      - ThrustVectoring 8y ago
        YouTube is far more broken for small to medium content creators than the big guns. IMO the way to go is to get their contact details out of the copyright claim and sue them in small claims court.
        Tehnix 8y ago
        YouTube is broken for anyone that isn’t a giant media corporation, or very heavy ad buyer. The biggest YouTuber on the platform regularly gets false copyright claims, DCMAs, etc.
  - toss1 8y ago
    Perhaps an automated system like the defunct BlueFrog anti-spam system (which worked too well)?
  - michaelmrose 8y ago
    Alternatively they would get better at filtering out your requests.
sambull 8y ago
All these schemes are to stifle and own
cninja 8y ago
Takedown notices on Youtube are not handled under DCMA. DCMA has protections against false accusations.
- DuskStar 8y ago
  More like "DMCA theoretically has protections against false accusations, but instances of people being held accountable are extremely rare." Knowingly making a false DMCA claim is perjury, and IMO it should be treated as such. Instead companies send out automated claims in the thousands and then come back with "but we didn't know it was wrong, it was the bot!" and get away with it.
  - deleted 8y ago
    [deleted]
  - realusername 8y ago
    Having bots flagging videos is the source of the issue in the first place, there should be a captcha and DCMA requests should be manual.
  - dweekly 8y ago
    Hi there. Plaintiff here from OPG v Diebold, the first successful case enforcing 512f against knowingly false DMCA takedowns where the defendant was found guilty and owed several hundred thousand dollars in damages. It can and does happen and there is court precedent. Contact EFF if you're on the receiving end of an obviously bad DMCA takedown.
    - ngold 8y ago
      Bravo, now if it could become standard practice.
- digi_owl 8y ago
  The process Google has set up is an outcome of DCMA, because Youtube can only operate as long as they can claim DCMA "safe harbor" status.
ConceptJunkie 8y ago
It's seems to me it's doing what the people who paid for it want.
matheusmoreira 8y ago
>It sometimes feels like it's used more for evil than for its legitimate purpose. That's exactly what it is used for. It's a multibillion dollar industry that will always ask for more and more power to police their imaginary property. They even coerce other countries into adopting similar laws as part of trade agreements. I'm convinced that copyright infringement is moral and akin to civil disobedience.

Welcome to the DMCA. It's as broken as copyright and causing quite serious stifling of young creators. It sometimes feels like it's used more for evil than for its legitimate purpose.

ekianjo 8y ago

Seems? More like its mainly used in this way nowadays. There is no risk in sending DMCA notices so of course its abused.

dalore 8y ago
Wonder if we can return the favour? If someone sends us an obvious unfair takedown (like in the article) we can name and shame them. And also do the same tactics, go to their content and report it as violation of your content. Even if it doesn't they still have to respond and go through the same hoops. If a group of us formed and we did this to all of them and gunged up the system, google would be forced to improve it.
- jstarfish 8y ago
  > And also do the same tactics, go to their content and report it as violation of your content. This might work between rival game streamers or something but the law offices of Dewey, Cheatem & Howe likely do not have a YouTube channel for you to retaliate against.
  - Timmah 8y ago
    But you could find out who is legitimately using that copyright on YT and retaliate against them. For instance, if you use a clip of a Prince song that is taken down, and you determine that BMG music owns the Prince catalog, you could send automated infringement requests against PrinceVEVO or any official BMG uploads. Even better if you created a "burner" corporation. Ie P.O. box in Delaware and act on their behalf. They have to take you seriously because corporation, amirite?
    - ThrustVectoring 8y ago
      YouTube is far more broken for small to medium content creators than the big guns. IMO the way to go is to get their contact details out of the copyright claim and sue them in small claims court.
      - Tehnix 8y ago
        YouTube is broken for anyone that isn’t a giant media corporation, or very heavy ad buyer. The biggest YouTuber on the platform regularly gets false copyright claims, DCMAs, etc.
- toss1 8y ago
  Perhaps an automated system like the defunct BlueFrog anti-spam system (which worked too well)?
- michaelmrose 8y ago
  Alternatively they would get better at filtering out your requests.

sambull 8y ago

All these schemes are to stifle and own

cninja 8y ago

Takedown notices on Youtube are not handled under DCMA. DCMA has protections against false accusations.

DuskStar 8y ago
More like "DMCA theoretically has protections against false accusations, but instances of people being held accountable are extremely rare." Knowingly making a false DMCA claim is perjury, and IMO it should be treated as such. Instead companies send out automated claims in the thousands and then come back with "but we didn't know it was wrong, it was the bot!" and get away with it.
- deleted 8y ago
  [deleted]
- realusername 8y ago
  Having bots flagging videos is the source of the issue in the first place, there should be a captcha and DCMA requests should be manual.
- dweekly 8y ago
  Hi there. Plaintiff here from OPG v Diebold, the first successful case enforcing 512f against knowingly false DMCA takedowns where the defendant was found guilty and owed several hundred thousand dollars in damages. It can and does happen and there is court precedent. Contact EFF if you're on the receiving end of an obviously bad DMCA takedown.
  - ngold 8y ago
    Bravo, now if it could become standard practice.
digi_owl 8y ago
The process Google has set up is an outcome of DCMA, because Youtube can only operate as long as they can claim DCMA "safe harbor" status.

ConceptJunkie 8y ago

It's seems to me it's doing what the people who paid for it want.

matheusmoreira 8y ago

>It sometimes feels like it's used more for evil than for its legitimate purpose. That's exactly what it is used for. It's a multibillion dollar industry that will always ask for more and more power to police their imaginary property. They even coerce other countries into adopting similar laws as part of trade agreements. I'm convinced that copyright infringement is moral and akin to civil disobedience.