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YouTube seems like they're stuck between a rock, and a hard place. The stakes for copyright infringement seem to be getting ever higher. The EU's Article 13 is
by manfredo 8y ago
YouTube seems like they're stuck between a rock, and a hard place. The stakes for copyright infringement seem to be getting ever higher. The EU's Article 13 is perhaps the most extreme example of this, which effectively expects platforms to be prescient and in whether or not content is infringing. On top of this, the extremely large amount of content YouTube hosts make it effectively impossible to manually review a large number of videos This puts a huge pressure on the platform to be strict with copyright infringement, and to try and minimize false negatives even at the cost of false positives.
To make matters worse, the media companies filing the copyright claims are the established players that are getting disrupted by internet services like YouTube. These companies have zero incentive to avoid false copyright claims, and it seems like they have no accountability for the instances where they flag unambiguously non-infringing videos. If you're even more cynical, they actually have an incentive to file bogus claims as it degrades the experience of using YouTube and thus hurts the established media companies' competitor.
The main solution I see is to have some element of accountability on the one filing the copyright claim. E.g. charge $X for every false claim. Or revoke the copyright holder's ability to file claims if they exceeding a certain number of false claims, or they they flag unambiguously non-infringing videos. Give the ones filing claims a strike, for once. But as far as I can tell, enforcing these mechanisms would put YouTube and other platforms in violation of the DMCA which is effectively a death sentence for such a platform.
- Fej 8y agoFor accountability: DMCA claims require a sworn statement under penalty of perjury. The fact that it's a crime is a deterrent. Unfortunately YouTube's Content ID system does not actually deal with DMCA claims directly and so false claims are not unlawful under that provision. YouTube has been fine with this because it keeps Viacom et al. off their back.
- manfredo 8y agoSo what would be the consequence of giving strikes to those that make bogus copyright claims, or revoking the ability to make claims if the rate at which they are overturned goes above a certain percentage? It seems to be a pretty obvious solution to me, but I'm willing to give YT the benefit of the doubt if people give compelling explanations.
- vsl 8y ago> The fact that it's a crime is a deterrent. That was the goal, yes. In practice, it doesn’t work, and bogus claims are widespread. Being a crime doesn’t deter in itself, when it’s never prosecuted. Heck, some assholes openly brag about willfully abusing DMCA for politics: https://mobile.twitter.com/vanaman/status/906983575337107456?lang=en https://mobile.twitter.com/vanaman/status/906983575337107456... - there’s no fear of committing a crime when it comes to DMCA, it’s a perfectly safe perjury to commit.