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Is that illegal though (wrongly blocking a video)? If it isn’t, YT can just shrug it off.

by gniv 8y ago

mcv 8y ago
Small time content creators have no way to challenge this. YT's terms and conditions probably allow YT to block it for any reason at all, and as long as you lack the resources to sue them, they can just shrug it off. Measures like this only serve Big Content. And badly, in my opinion.
dredmorbius 8y ago
There is no consequence for filing unsubstantiated claims. There is consequence for failing to honour substantiated ones.
- pbhjpbhj 8y ago
  It's probably fraud, but yeah, still no consequences for large media corp execs who are personally responsible for that fraud.
  - philpem 8y ago
    The DMCA has a similar provision (from memory it's something like "filing a false claim is considered perjury"). I've never, ever heard of a single charge being filed under that clause -- but I've heard of tons of instances of DMCA being abused. On this statement, I'd love to be proven wrong!
    - AnthonyMouse 8y ago
      > A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. So basically useless. They claim to be acting "on behalf of the owner of an exclusive right that is allegedly infringed" and they are, even though the allegation is completely without merit.
belorn 8y ago
It is not illegal for a filter to wrongly block something. I think the pirate party tried to insert such clause in the past.
trickstra 8y ago
Wrongly blocking is not illegal. They may invoke the clause that says the platform owner can reject anything even without explanation, which is always buried somewhere in their T&C. But more importantly - even if wrongful blocking was illegal - if the ways to shut something down "just in case it might be illegal" are super fast and automatic, but the ways to challenge that outcome are super slow, then people will just give up in that process. Not all, but enough to matter.

Is that illegal though (wrongly blocking a video)? If it isn’t, YT can just shrug it off.

by gniv 8y ago

Is that illegal though (wrongly blocking a video)? If it isn’t, YT can just shrug it off.

mcv 8y ago

Small time content creators have no way to challenge this. YT's terms and conditions probably allow YT to block it for any reason at all, and as long as you lack the resources to sue them, they can just shrug it off. Measures like this only serve Big Content. And badly, in my opinion.

dredmorbius 8y ago

There is no consequence for filing unsubstantiated claims. There is consequence for failing to honour substantiated ones.

pbhjpbhj 8y ago
It's probably fraud, but yeah, still no consequences for large media corp execs who are personally responsible for that fraud.
- philpem 8y ago
  The DMCA has a similar provision (from memory it's something like "filing a false claim is considered perjury"). I've never, ever heard of a single charge being filed under that clause -- but I've heard of tons of instances of DMCA being abused. On this statement, I'd love to be proven wrong!
  - AnthonyMouse 8y ago
    > A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. So basically useless. They claim to be acting "on behalf of the owner of an exclusive right that is allegedly infringed" and they are, even though the allegation is completely without merit.

belorn 8y ago

It is not illegal for a filter to wrongly block something. I think the pirate party tried to insert such clause in the past.

trickstra 8y ago

Wrongly blocking is not illegal. They may invoke the clause that says the platform owner can reject anything even without explanation, which is always buried somewhere in their T&C. But more importantly - even if wrongful blocking was illegal - if the ways to shut something down "just in case it might be illegal" are super fast and automatic, but the ways to challenge that outcome are super slow, then people will just give up in that process. Not all, but enough to matter.