4 ms·

He hasn't received any DMCA notices, Youtube don't do those - since DMCA gives creators fair use rights and have punishments for fradulent reports. Youtube has

He hasn't received any DMCA notices, Youtube don't do those - since DMCA gives creators fair use rights and have punishments for fradulent reports. Youtube has its own "extra jurisdictional" copyright system.

kllrnohj 6y ago
> Youtube don't do those YouTube can't just "opt out" of the law. YouTube absolutely responds to DMCA notices, and per the video he issued counter-claims already - that's a core part of responding to DMCA. https://www.youtube.com/howyoutubeworks/policies/copyright/#enforcing-copyright https://www.youtube.com/howyoutubeworks/policies/copyright/#... And you don't have to go through youtube's webtools to submit one, either (which of course you don't - the law doesn't require that). You can mail, fax, or email the DMCA takedown notice: https://support.google.com/youtube/answer/6005908?hl=en&ref_topic=9282363 https://support.google.com/youtube/answer/6005908?hl=en&ref_...
- teh_klev 6y ago
  > YouTube absolutely responds to DMCA notices, Sure, but these aren't proper DMCA claims. As kristofferR pointed out there are other extra jurisdictional mechanisms that Google employ to make your life difficult as a creator. And then, which laws apply? US, UK, EU, Russian, Indian.... Now sure, it's a private platform and they can shut you down any time. I recognise there ain't no free speech on private platforms. But if they've been making a tidy sum of lots of ad money due to your apparent infringement (and much, much more than you the creator) along the way then I'm sure we might see a well funded case against this practice, maybe not in the US, but other jurisdictions that still recognise the limits and powers of private companies and the right not to be fucked over by them.
  - cedilla 6y ago
    It's not entirely clear what type of process actually lead YouTube to terminate this channel, so we can't know either. > there are other extra jurisdictional mechanisms that Google employ to make your life difficult as a creator. That's not quite true. The DMCA is a very strict mechanism. You get a notice, you take down the content, and if the uploader isn't happy with that, they have to sue the claimant. Of course, Youtubes process is streamlined for its own interests and the interests of big corporate copyright hoarders. But it's not designed to bully creators. The problem isn't really the process in itself, it's how Google applies it and the fact that Youtube doesn't seem to care that much for its creators.
    - theturtletalks 6y ago
      When Github was sent a DMCA for the PopcornTime repo, PopcornTime was able to submit a counter DMCA which allowed the repo to be reinstated. Then, if the repo was really in violation, it had to be proven in court by the original claimant. Youtube doesn't allow creators to file a counter DMCA.
      - kllrnohj 6y ago
        The same thing happened here. The creator issued a counter claim, and his channel is currently still up and unaffected https://www.youtube.com/c/GarethEvansYT https://www.youtube.com/c/GarethEvansYT Youtube does allow DMCA counter claims because they legally have to. Youtube has absolutely no wiggle room with DMCA. No amount of complaining to them can ever change that, either. You have to get the laws changed.
        wtallis 6y ago
        Here and elsewhere in this thread, you're exaggerating the power of the DMCA over YouTube. The only consequence to YouTube if they fail to follow along with the DMCA takedown notice/counter-notice procedure is that they lose safe harbor protection against being held liable for their users copyright infringement. In a case where YouTube is overzealously removing content that is not actually infringing, they really aren't at much risk of that somehow leading to them being sued for infringement. And you can bet that their Terms of Service adequately indemnify them against any torts their users might come after them for related to such behavior.
        DanBC 6y ago
        > they lose safe harbor protection against being held liable for their users copyright infringement. In a case where YouTube is overzealously removing content that is not actually infringing, Do you understand that the content in the submission is infringing? And not just to the civil level but to the criminal level? And so YouTube losing safe harbor would be huge.
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kllrnohj 6y ago

> Youtube don't do those YouTube can't just "opt out" of the law. YouTube absolutely responds to DMCA notices, and per the video he issued counter-claims already - that's a core part of responding to DMCA. https://www.youtube.com/howyoutubeworks/policies/copyright/#enforcing-copyright https://www.youtube.com/howyoutubeworks/policies/copyright/#... And you don't have to go through youtube's webtools to submit one, either (which of course you don't - the law doesn't require that). You can mail, fax, or email the DMCA takedown notice: https://support.google.com/youtube/answer/6005908?hl=en&ref_topic=9282363 https://support.google.com/youtube/answer/6005908?hl=en&ref_...

teh_klev 6y ago
> YouTube absolutely responds to DMCA notices, Sure, but these aren't proper DMCA claims. As kristofferR pointed out there are other extra jurisdictional mechanisms that Google employ to make your life difficult as a creator. And then, which laws apply? US, UK, EU, Russian, Indian.... Now sure, it's a private platform and they can shut you down any time. I recognise there ain't no free speech on private platforms. But if they've been making a tidy sum of lots of ad money due to your apparent infringement (and much, much more than you the creator) along the way then I'm sure we might see a well funded case against this practice, maybe not in the US, but other jurisdictions that still recognise the limits and powers of private companies and the right not to be fucked over by them.
- cedilla 6y ago
  It's not entirely clear what type of process actually lead YouTube to terminate this channel, so we can't know either. > there are other extra jurisdictional mechanisms that Google employ to make your life difficult as a creator. That's not quite true. The DMCA is a very strict mechanism. You get a notice, you take down the content, and if the uploader isn't happy with that, they have to sue the claimant. Of course, Youtubes process is streamlined for its own interests and the interests of big corporate copyright hoarders. But it's not designed to bully creators. The problem isn't really the process in itself, it's how Google applies it and the fact that Youtube doesn't seem to care that much for its creators.
  - theturtletalks 6y ago
    When Github was sent a DMCA for the PopcornTime repo, PopcornTime was able to submit a counter DMCA which allowed the repo to be reinstated. Then, if the repo was really in violation, it had to be proven in court by the original claimant. Youtube doesn't allow creators to file a counter DMCA.
    - kllrnohj 6y ago
      The same thing happened here. The creator issued a counter claim, and his channel is currently still up and unaffected https://www.youtube.com/c/GarethEvansYT https://www.youtube.com/c/GarethEvansYT Youtube does allow DMCA counter claims because they legally have to. Youtube has absolutely no wiggle room with DMCA. No amount of complaining to them can ever change that, either. You have to get the laws changed.
      - wtallis 6y ago
        Here and elsewhere in this thread, you're exaggerating the power of the DMCA over YouTube. The only consequence to YouTube if they fail to follow along with the DMCA takedown notice/counter-notice procedure is that they lose safe harbor protection against being held liable for their users copyright infringement. In a case where YouTube is overzealously removing content that is not actually infringing, they really aren't at much risk of that somehow leading to them being sued for infringement. And you can bet that their Terms of Service adequately indemnify them against any torts their users might come after them for related to such behavior.
        DanBC 6y ago
        > they lose safe harbor protection against being held liable for their users copyright infringement. In a case where YouTube is overzealously removing content that is not actually infringing, Do you understand that the content in the submission is infringing? And not just to the civil level but to the criminal level? And so YouTube losing safe harbor would be huge.
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