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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 w

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.
    - wtallis 6y ago
      > And so YouTube losing safe harbor would be huge. No, it wouldn't, because YouTube is actually removing the content. So they're not going to get sued for infringement, and other parts of the DMCA still protect them even when they operate outside the bounds of the takedown notice procedure.

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.
  - wtallis 6y ago
    > And so YouTube losing safe harbor would be huge. No, it wouldn't, because YouTube is actually removing the content. So they're not going to get sued for infringement, and other parts of the DMCA still protect them even when they operate outside the bounds of the takedown notice procedure.