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For 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
by Fej 8y ago
For 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.