3 ms·

Google or any alternative free or otherwise has no choice if they want to maintain their safe harbor under the DMCA. It's not up to them to referee the issue, o

Google or any alternative free or otherwise has no choice if they want to maintain their safe harbor under the DMCA. It's not up to them to referee the issue, or they become culpable for any infringement on their platform. My understanding is they also must restore the content when a counter notice is filed by the alleged infringer (but I'm not a lawyer).

keyme 7y ago
Sounds like we should make a bot that makes a counter notice for every notice. Is there a page on Google that discloses all the recently issued DMCA notices?
- jandrese 7y ago
  On sites like YouTube this is what would happen: Abusive bot makes fraudulent DMCA requests against your account. Your bot automatically files disputes. Abusive bot automatically verifies with youtube that they are the owners of the content, because they say so. Your account is demonetized and/or shut down for multiple dispute violations. The entire system is rigged so the abusive bots have more or less free reign as long as they're backed up by some big media cartel. Google really doesn't want to anger said cartels who have been more than willing to sue individual people for trillions of dollars for sharing a single CD. Google has never been sued by creators for letting media cartels steal their works. They have no incentive to change policy at the moment.
  - keyme 7y ago
    Then perhaps a more adversarial approach. Let's make software that generates content that to the big-media-bots looks like their copyrighted content, but to a human arbiter looks like anything but. This can be done automatically, by continuously gauging the response of the bots to variations in our generated content, and adjusting accordingly. We'll spray this content all over, using throw-away accounts. Then dispute all the claims. Could we increase the volume of all claims n-fold this way? If so, at some point this would have to affect the trustworthiness of these bots with Google. I refuse to accept that there is no way to fight back. If we could abuse the system in some way as to make this a problem for Google, I believe change can be achieved.
0xcde4c3db 7y ago
The big catch is that to file a proper counter-notification you have to reveal your name, address and phone number to the claimant (whereas the claimant is only required to provide "reasonably sufficient" contact information). This is ostensibly to allow for service of process if they decide to sue you, but it's also been abused to harass and intimidate people in various ways. Also, there's allegedly a loophole where the claimant can notify the provider's DMCA agent they're suing you, at which point the provider is obligated to keep the claimed material inaccessible, but then not actually sue you. I'm not sure this has actually been done, though.

keyme 7y ago

Sounds like we should make a bot that makes a counter notice for every notice. Is there a page on Google that discloses all the recently issued DMCA notices?

jandrese 7y ago
On sites like YouTube this is what would happen: Abusive bot makes fraudulent DMCA requests against your account. Your bot automatically files disputes. Abusive bot automatically verifies with youtube that they are the owners of the content, because they say so. Your account is demonetized and/or shut down for multiple dispute violations. The entire system is rigged so the abusive bots have more or less free reign as long as they're backed up by some big media cartel. Google really doesn't want to anger said cartels who have been more than willing to sue individual people for trillions of dollars for sharing a single CD. Google has never been sued by creators for letting media cartels steal their works. They have no incentive to change policy at the moment.
- keyme 7y ago
  Then perhaps a more adversarial approach. Let's make software that generates content that to the big-media-bots looks like their copyrighted content, but to a human arbiter looks like anything but. This can be done automatically, by continuously gauging the response of the bots to variations in our generated content, and adjusting accordingly. We'll spray this content all over, using throw-away accounts. Then dispute all the claims. Could we increase the volume of all claims n-fold this way? If so, at some point this would have to affect the trustworthiness of these bots with Google. I refuse to accept that there is no way to fight back. If we could abuse the system in some way as to make this a problem for Google, I believe change can be achieved.

0xcde4c3db 7y ago

The big catch is that to file a proper counter-notification you have to reveal your name, address and phone number to the claimant (whereas the claimant is only required to provide "reasonably sufficient" contact information). This is ostensibly to allow for service of process if they decide to sue you, but it's also been abused to harass and intimidate people in various ways. Also, there's allegedly a loophole where the claimant can notify the provider's DMCA agent they're suing you, at which point the provider is obligated to keep the claimed material inaccessible, but then not actually sue you. I'm not sure this has actually been done, though.