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They are legally required to. It works the same way on YouTube. If you are a host you are legally required to immediately take the content down and forward the

They are legally required to. It works the same way on YouTube. If you are a host you are legally required to immediately take the content down and forward the DMCA claim to the accused. The accused can then file a counter-claim and the content will be re-instated, after which the initial filing party may choose to not pursue or decide to take the accused to the court.

anonymousab 6y ago
It's not quite the same. You are correct for DMCA claims, more or less, but the automated precursor step with muting by audiblemagic (or in the case of YouTube, contentid) is one under Twitch's control. In the case of YouTube there's actual settlement rules they are trying to abide, but Twitch's clubbed approach is by their own volition. In both cases there is a clear impression that they are vastly valuing their relationship with larger content corps over their content creators and users. Contesting invalid results from these automated systems requires appealing to the very same automated mega tech corp support hell and will more often than not end miserably. At best, you get a repeated copy paste from Twitch support twitter staff telling you to 'read the eula next time' (to avoid getting muted or banned for a public domain sound effect) because they've engineered a system and business model that is hostile to reasonable human intervention. The overall situation is further complicated by the fact that Twitch has terrible tooling for dealing with clips, and instead of letting users just auto mute or auto takedown any clips that received a DMCA rather than striking them, they received... no options. So many users were left to crawl tens to hundreds of thousands of clips for potential violations of both an automagic black box and unknown future overzealous or malicious copyright claimers. The only reasonable approach there was to just backup and then delete everything. But guess what? Deleting via the UI and API didn't guarantee a clip was actually deleted on Twitch's backend. And you could still face DMCA complaints, strikes from Twitch and other repercussions from content and things that happened years ago, with no recourse. Overall, there are many things Twitch could have done to abide by both the letter and spirit of the law while also giving their content creators a way to handle things reasonably. Instead, they did effectively nothing for their users, and seem to have bent over backwards and sacrificed their users in order to appease external content rights holders above and beyond what was required by law. Much like YouTube does, but at least YouTube has prior legal fallout and trauma and the greater Alphabet user-hostile ideologies to justify their awful approaches.

anonymousab 6y ago

It's not quite the same. You are correct for DMCA claims, more or less, but the automated precursor step with muting by audiblemagic (or in the case of YouTube, contentid) is one under Twitch's control. In the case of YouTube there's actual settlement rules they are trying to abide, but Twitch's clubbed approach is by their own volition. In both cases there is a clear impression that they are vastly valuing their relationship with larger content corps over their content creators and users. Contesting invalid results from these automated systems requires appealing to the very same automated mega tech corp support hell and will more often than not end miserably. At best, you get a repeated copy paste from Twitch support twitter staff telling you to 'read the eula next time' (to avoid getting muted or banned for a public domain sound effect) because they've engineered a system and business model that is hostile to reasonable human intervention. The overall situation is further complicated by the fact that Twitch has terrible tooling for dealing with clips, and instead of letting users just auto mute or auto takedown any clips that received a DMCA rather than striking them, they received... no options. So many users were left to crawl tens to hundreds of thousands of clips for potential violations of both an automagic black box and unknown future overzealous or malicious copyright claimers. The only reasonable approach there was to just backup and then delete everything. But guess what? Deleting via the UI and API didn't guarantee a clip was actually deleted on Twitch's backend. And you could still face DMCA complaints, strikes from Twitch and other repercussions from content and things that happened years ago, with no recourse. Overall, there are many things Twitch could have done to abide by both the letter and spirit of the law while also giving their content creators a way to handle things reasonably. Instead, they did effectively nothing for their users, and seem to have bent over backwards and sacrificed their users in order to appease external content rights holders above and beyond what was required by law. Much like YouTube does, but at least YouTube has prior legal fallout and trauma and the greater Alphabet user-hostile ideologies to justify their awful approaches.