4 ms·
The problem isn't DMCA. The problem is Content ID, which allows rights holders to take down other creators' content automatically. YouTube goes out of its way
by pluma 8y ago
The problem isn't DMCA. The problem is Content ID, which allows rights holders to take down other creators' content automatically.
YouTube goes out of its way to grant rights holders a level of control that wouldn't be possible with a strict interpretation of the DMCA because an illegitimate DMCA takedown request would be a felony whereas an illegitimate Content ID claim goes unpunished.
EDIT: Note however that Article 13 strongly implies a system like Content ID. So the irony is that for YouTube Article 13 doesn't really change anything and the filter they complain about is bad for all the same reasons Content ID is bad.
- tialaramex 8y ago> an illegitimate DMCA takedown request would be a felony No. DMCA takedown requests go like this "I represent Bozo Media, they own all sharks wearing hats, and this video is infringing on their rights, take it down" The only part that's under penalty of perjury (a felony) is the claim that you represent Bozo Media. If you do, you have not committed a crime regardless of whether the rest of what you wrote is obvious nonsense. Maybe Bozo actually only owns "Toothy the hat-wearing shark", a large orange cartoon shark. Doesn't matter, not a crime to claim they own more. Maybe the video is of a mouse wearing trousers, which is neither a shark, nor a hat, and definitely isn't the property of Bozo. Doesn't matter, still not a crime. Is this awful? Yes. But it's the law. You are welcome to go to court, Youtube will even help you get that far if you're determined, but it will almost certainly bankrupt you even if you're right.
- inetknght 8y agoA DCMA request should also include a statement claiming truthiness at penalty of perjury, shouldn't it?
- vetinari 8y agoYes, but only about the representation part, not the claim part, as tialaramex pointed out. Warner vs Hotfile: "Warner adds that the DMCA only requires the penalty of perjury statement to confirm that the sender represents the copyright holder, not that the allegedly infringing links point to their copyrighted material, they say."
- SmallDeadGuy 8y ago> Maybe Bozo actually only owns "Toothy the hat-wearing shark", a large orange cartoon shark. Doesn't matter, not a crime to claim they own more. I didn't know that, why not? I would have assumed it was but then I'm not a legal expert.
- Sharlin 8y agoWhy would the big media companies, that basically dictated the law, have made things more difficult to themselves? Note that serving a DMCA takedown notice is not a legal action in itself. It is actually illegal to lie in only a few contexts.
- pas 8y agoDMCA is imperfect, so it's inherently a source of certain problems - recently the takedown notice abuse on YT. And YT made sure it covers its ass by trading off perfection against making the RIAA/MPAA/etc happy with Content-ID and with who knows what systems and features only available to those big rightsholders.