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Note that the DMCA isn’t involved here. YouTube has their own system for copyright claims that allow 3rd parties to take down videos without filing a DMCA taked

Note that the DMCA isn’t involved here. YouTube has their own system for copyright claims that allow 3rd parties to take down videos without filing a DMCA takedown. If the claimant filed a DMCA request, the video owner could file a counter-notice which would put the video back up unless the claimant decides to sue. Since YouTube allows copyright holders to take down a video without going through the DMCA, then the video owner loses the right to file a counter-notice, and the copyright holder gets the final word on whether the video is taken down.

ikeboy 7y ago
Note that this is dead wrong. Content ID claims can be disputed, and if the rights owner doesn't convert it to a DMCA claim then the content goes back up.
- NobodyNada 7y ago
  TIL, thanks. Although, based on https://support.google.com/youtube/answer/2797454?hl=en https://support.google.com/youtube/answer/2797454?hl=en, it looks like the rights owner can delay the appeal process for up to 60 days, keeping the video down (since you have to file a dispute which gives them 30 days to respond, and then an appeal which gives them another 30).
  - ikeboy 7y ago
    Yes. If they choose to take revenue, then that revenue is held in escrow. If they choose to take the video down or demonetize it, then it appears that the video goes back up but is unmonetized during the dispute process. "If the policy is set to block (don't allow users to view the video on YouTube) or track (allow users to view the video without advertisements), this policy may be temporarily lifted until your dispute is resolved. Learn more about policy and claim basics. During this time, your video cannot be monetized." https://support.google.com/youtube/answer/2797454 https://support.google.com/youtube/answer/2797454 (click "file a dispute", then "What happens after you dispute?"
    - nocturnial 7y ago
      > then that revenue is held in escrow This maybe a translation/different legal point of view, but I really doubt it's being held in escrow. If it's being held in escrow, google would've provided the other party with the details to check the account with the third party. I could be mistaken but I really doubt your google escrow assertion. Provide me with a statement of google in which they make that claim and I'll happily retract my statement.
      - ikeboy 7y ago
        Google holds it in escrow and doesn't give it to either side until resolved. See https://support.google.com/youtube/answer/7000961?hl=en https://support.google.com/youtube/answer/7000961?hl=en
        nocturnial 7y ago
        Escrow means an independent third party holds on to the money. It's a lot more complex than that, but let's take this simplified position as a starting point. The things you posted only justified my position. Google holds the money, not an independent party. If you say you hold something in escrow but actually keep the money for yourself during that time... well, in my region judges really don't appreciate that kind of argument.
        ikeboy 7y ago
        Google is independent from the two parties in any dispute. I don't really care about your pedantry about terminology. We're not in court.
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ikeboy 7y ago

Note that this is dead wrong. Content ID claims can be disputed, and if the rights owner doesn't convert it to a DMCA claim then the content goes back up.

NobodyNada 7y ago
TIL, thanks. Although, based on https://support.google.com/youtube/answer/2797454?hl=en https://support.google.com/youtube/answer/2797454?hl=en, it looks like the rights owner can delay the appeal process for up to 60 days, keeping the video down (since you have to file a dispute which gives them 30 days to respond, and then an appeal which gives them another 30).
- ikeboy 7y ago
  Yes. If they choose to take revenue, then that revenue is held in escrow. If they choose to take the video down or demonetize it, then it appears that the video goes back up but is unmonetized during the dispute process. "If the policy is set to block (don't allow users to view the video on YouTube) or track (allow users to view the video without advertisements), this policy may be temporarily lifted until your dispute is resolved. Learn more about policy and claim basics. During this time, your video cannot be monetized." https://support.google.com/youtube/answer/2797454 https://support.google.com/youtube/answer/2797454 (click "file a dispute", then "What happens after you dispute?"
  - nocturnial 7y ago
    > then that revenue is held in escrow This maybe a translation/different legal point of view, but I really doubt it's being held in escrow. If it's being held in escrow, google would've provided the other party with the details to check the account with the third party. I could be mistaken but I really doubt your google escrow assertion. Provide me with a statement of google in which they make that claim and I'll happily retract my statement.
    - ikeboy 7y ago
      Google holds it in escrow and doesn't give it to either side until resolved. See https://support.google.com/youtube/answer/7000961?hl=en https://support.google.com/youtube/answer/7000961?hl=en
      - nocturnial 7y ago
        Escrow means an independent third party holds on to the money. It's a lot more complex than that, but let's take this simplified position as a starting point. The things you posted only justified my position. Google holds the money, not an independent party. If you say you hold something in escrow but actually keep the money for yourself during that time... well, in my region judges really don't appreciate that kind of argument.
        ikeboy 7y ago
        Google is independent from the two parties in any dispute. I don't really care about your pedantry about terminology. We're not in court.
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