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The main assholes are Youtube, not CBS. CBS can request shit like this and they are expected to in today's copyright climate. Youtube clearly does not believe i

by mnm1 7y ago

The main assholes are Youtube, not CBS. CBS can request shit like this and they are expected to in today's copyright climate. Youtube clearly does not believe in fair use. That's what it boils down to. It doesn't matter that fair use is protected by law or anything because Youtube can do what it wants with its platform. So fair use is essentially up to the platform. In other words, it really doesn't exist anymore for people who are not willing to host their own content.

wostusername 7y ago
Google does not have the power to determine if something is fair use or not, that is up to the courts. You might think something is fair use, and I might disagree. We are supposed to go to court and have a trial to determine which one of us is right. Google is not judge and jury, they can't make that determination.
- jimktrains2 7y ago
  Isn't the issue that they're depriving the user of income based solely on a non-legal (not not-legal) complaint? If YouTube really justed wanted to have people Duke it out in court, they wouldn't have their own system that is massively tilted towards the studios. They're effectively allowing one side to be judge and jury.
  - wostusername 7y ago
    There are two different processes here: the DMCA and ContentID. If YouTube receives a DMCA request it will take the video down immediately (in accordance to the law). However, you can counter the DMCA claim at which point the other party has to either drop it or sue you. ContentID is the non-legal system which essentially blocks or transfers monetization (copyright holder's choice) for any detected copyrighted work in YouTube's database. YouTube developed it to avoid fighting studios. Since there are no objective standards to determine if something is fair use or not, instead it's a bunch of factors that are all supposed to be weighted against each other by a judge, there is no way for YouTube to determine if something is legal infringement of copyright (Fair Use) or illegal infringement of copyright. The solution here for YouTube is to be conservative and not allow any infringement against the rights holder's wishes. It's not a great system, but I understand why it is the way it is, and I'm not sure how or even if it could be changed.

by mnm1 7y ago

wostusername 7y ago

Google does not have the power to determine if something is fair use or not, that is up to the courts. You might think something is fair use, and I might disagree. We are supposed to go to court and have a trial to determine which one of us is right. Google is not judge and jury, they can't make that determination.

jimktrains2 7y ago
Isn't the issue that they're depriving the user of income based solely on a non-legal (not not-legal) complaint? If YouTube really justed wanted to have people Duke it out in court, they wouldn't have their own system that is massively tilted towards the studios. They're effectively allowing one side to be judge and jury.
- wostusername 7y ago
  There are two different processes here: the DMCA and ContentID. If YouTube receives a DMCA request it will take the video down immediately (in accordance to the law). However, you can counter the DMCA claim at which point the other party has to either drop it or sue you. ContentID is the non-legal system which essentially blocks or transfers monetization (copyright holder's choice) for any detected copyrighted work in YouTube's database. YouTube developed it to avoid fighting studios. Since there are no objective standards to determine if something is fair use or not, instead it's a bunch of factors that are all supposed to be weighted against each other by a judge, there is no way for YouTube to determine if something is legal infringement of copyright (Fair Use) or illegal infringement of copyright. The solution here for YouTube is to be conservative and not allow any infringement against the rights holder's wishes. It's not a great system, but I understand why it is the way it is, and I'm not sure how or even if it could be changed.