3 ms·

By my understanding, you are mistaken or out of date. What you wrote is true for takedown notices issued under the DMCA, but YouTube is allowing companies to or

by bo1024 7y ago

By my understanding, you are mistaken or out of date. What you wrote is true for takedown notices issued under the DMCA, but YouTube is allowing companies to order takedowns or monetize other's videos without going through the legal DMCA process. That's what ContentID is about.

Animats 7y ago
YouTube seems to claim that the DMCA counter-notice procedure applies.[1] [1] https://support.google.com/youtube/answer/2807684 https://support.google.com/youtube/answer/2807684
- 6nf 7y ago
  It's a two step process. The first step happens within YouTube's guidelines and do not involve the DMCA. It then can escalate to an actual DMCA notice / counter. Critically though, going to DMCA is really bad for the uploader because Youtube does not remove the 'strike' against your account when it gets escalated. So content uploaders almost never go here.
  - TeMPOraL 7y ago
    Do I read this correctly? Using available legal options for protecting content you genuinely own labels you as "troublemaker" and will cost you your account when done repeatedly?
- jml7c5 7y ago
  That link is for actual DMCA notices. With the Content ID take-downs, Google never actually receives a DMCA request. The music company (etc.) politely asks YouTube to take down the video, and YouTube complies out of the goodness of its heart. (Well, and a bunch of contracts that give some sort of quid pro quo for the arrangement between YouTube and these companies.) It looks like these are all Content ID takedowns (well, actually not takedowns; whoever is making the requests is taking the ad revenue from the videos, but leaving them up). In these cases, YouTube has their own dispute system, but it doesn't touch the DMCA. I think this is the relevant page: https://support.google.com/youtube/answer/6013276?hl=en&ref_topic=2778545 https://support.google.com/youtube/answer/6013276?hl=en&ref_...
  - cannonedhamster 7y ago
    All of which makes Google liable for theft. They created the system, they run the system, they transfer the money. It's all facilitating copyfraud. Just because Google agrees to host the content doesn't mean that they are incapable of being able to be sued for their intentional actions.
    - teraflop 7y ago
      It's not legally theft if Google makes a decision to start paying party B instead of party A. You're choosing to let YouTube publicly host the video until further notice, and in exchange they agree to pay you whatever cut of ad revenue they deem appropriate. There's no question that under the terms you agree to, they can demonetize your videos at will. And if they also see fit to start paying somebody else when your videos get played, that's not something you have legal standing to complain about. What it probably is, is fraud on the part of whoever's falsely claiming to Google that they have a copyright interest.

by bo1024 7y ago

Animats 7y ago

YouTube seems to claim that the DMCA counter-notice procedure applies.[1] [1] https://support.google.com/youtube/answer/2807684 https://support.google.com/youtube/answer/2807684

6nf 7y ago
It's a two step process. The first step happens within YouTube's guidelines and do not involve the DMCA. It then can escalate to an actual DMCA notice / counter. Critically though, going to DMCA is really bad for the uploader because Youtube does not remove the 'strike' against your account when it gets escalated. So content uploaders almost never go here.
- TeMPOraL 7y ago
  Do I read this correctly? Using available legal options for protecting content you genuinely own labels you as "troublemaker" and will cost you your account when done repeatedly?
jml7c5 7y ago
That link is for actual DMCA notices. With the Content ID take-downs, Google never actually receives a DMCA request. The music company (etc.) politely asks YouTube to take down the video, and YouTube complies out of the goodness of its heart. (Well, and a bunch of contracts that give some sort of quid pro quo for the arrangement between YouTube and these companies.) It looks like these are all Content ID takedowns (well, actually not takedowns; whoever is making the requests is taking the ad revenue from the videos, but leaving them up). In these cases, YouTube has their own dispute system, but it doesn't touch the DMCA. I think this is the relevant page: https://support.google.com/youtube/answer/6013276?hl=en&ref_topic=2778545 https://support.google.com/youtube/answer/6013276?hl=en&ref_...
- cannonedhamster 7y ago
  All of which makes Google liable for theft. They created the system, they run the system, they transfer the money. It's all facilitating copyfraud. Just because Google agrees to host the content doesn't mean that they are incapable of being able to be sued for their intentional actions.
  - teraflop 7y ago
    It's not legally theft if Google makes a decision to start paying party B instead of party A. You're choosing to let YouTube publicly host the video until further notice, and in exchange they agree to pay you whatever cut of ad revenue they deem appropriate. There's no question that under the terms you agree to, they can demonetize your videos at will. And if they also see fit to start paying somebody else when your videos get played, that's not something you have legal standing to complain about. What it probably is, is fraud on the part of whoever's falsely claiming to Google that they have a copyright interest.