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Right. The DMCA takedown process is more reasonable in this regard: if you post a counter-notice, the service provider puts your content back up and the party t
by JoshTriplett 7y ago
Right. The DMCA takedown process is more reasonable in this regard: if you post a counter-notice, the service provider puts your content back up and the party trying to make a copyright claim has to sue you. YouTube, on the other hand, makes purported copyright holders the absolute judge of their own cases.
- ikeboy 7y agoThis is incorrect. If a rights owner refuses to retract in the face of a dispute, YouTube will require them to convert it into a DMCA notice and will then honor any counternotice.
- JoshTriplett 7y agoI've seen multiple reports from channel owners who have not been given any such option; the message saying that the supposed "rights owner" has confirmed the dispute is presented as "final" (along with the copyright strike). Unless this has changed recently, or there's some obscure link to switch to the DMCA process?
- ikeboy 7y agoGot any links? The only exception I'm aware of is a special agreement Google has with UMG where they ignore counternotices and appeals, but they also don't count as strikes and won't hurt the account in that case.
- wtallis 7y agohttps://support.google.com/youtube/answer/3045545 https://support.google.com/youtube/answer/3045545 Describing it as "won't hurt the account" is a bit misleading. They won't nuke your account ("at this time"), but they also won't let you post the legal non-infringing content that the cartel has paid Google to suppress. That would generally qualify under the broader meaning of "harm" that applies during legal disputes.
- ikeboy 7y agoIt may hurt you in that sense, but not the account. I think it's pretty clear what I meant by that. Regardless such cases are fairly rare, vast majority of cases I've seen people complaining about YouTube issues have nothing to do with the UMG deal and I haven't heard of any other companies than UMG subject to this.