3 ms·

This is not DMCA, though. This is Youtube's own parallel court of law. DMCA has a proper process where you can appeal properly, and you can't keep sending bogu

by ratww 5y ago

This is not DMCA, though. This is Youtube's own parallel court of law. DMCA has a proper process where you can appeal properly, and you can't keep sending bogus claims without repercussion. DMCA also allows fair use. And finally, DMCA puts the burden of proof on the claimant. In ContentID, however there is no burden of proof, and claimants can deny disputes without mediation.

judge2020 5y ago
> and claimants can deny disputes without mediation. see > If the claim is disputed by the uploader then the claimant can accept/reject that dispute. The uploader then has the chance to appeal; if they do so then the claimant has to either release the claim or escalate to a DMCA takedown. Of course if it gets to that point then the video is coming down and no one will be making money. https://news.ycombinator.com/item?id=28001388 https://news.ycombinator.com/item?id=28001388
autoexec 5y ago
> and you can't keep sending bogus claims without repercussion has any major company ever faced meaningful consequences for this? A handful of copyright trolls have been busted, but the MPA/RIAA send false DMCA notices all the time. Sometimes they're just incompetent (https://torrentfreak.com/all-dmca-notices-filed-against-torrentfreak-in-2019-were-bogus-191231/ https://torrentfreak.com/all-dmca-notices-filed-against-torr...) but companies often very willfully abuse the DMCA to silence criticism yet not one of them seems to have been held accountable for it.
lmilcin 5y ago
> This is not DMCA, though. I did not say this claim is DMCA. I said this situation is a result of DMCA, the law. Basically, why deal with DMCA when you can just summarily take stuff down or demonetize even without any DMCA claim. I am pretty sure without DMCA and other similar, made to order laws Google would not bother taking stuff down or building any kind of AI to do this. Because, you know, it costs. And makes people post less content. So yes, this is result of DMCA.
- dragonwriter 5y ago
  > I am pretty sure without DMCA and other similar, made to order laws Google would not bother taking stuff down or building any kind of AI to do this. No, its a result of bog-standsrd copyright infringement claims (the DMCA safe harbor weakened those against hosts generally, but then claims made in the massive Viacom suit—which, before it was settled, resulted on Google being forced to turn over the entire viewing history of YouTube to Viacom—and others involved YouTube being outside the scope of the DMCA safe harbor.)

by ratww 5y ago

judge2020 5y ago

> and claimants can deny disputes without mediation. see > If the claim is disputed by the uploader then the claimant can accept/reject that dispute. The uploader then has the chance to appeal; if they do so then the claimant has to either release the claim or escalate to a DMCA takedown. Of course if it gets to that point then the video is coming down and no one will be making money. https://news.ycombinator.com/item?id=28001388 https://news.ycombinator.com/item?id=28001388

autoexec 5y ago

> and you can't keep sending bogus claims without repercussion has any major company ever faced meaningful consequences for this? A handful of copyright trolls have been busted, but the MPA/RIAA send false DMCA notices all the time. Sometimes they're just incompetent (https://torrentfreak.com/all-dmca-notices-filed-against-torrentfreak-in-2019-were-bogus-191231/ https://torrentfreak.com/all-dmca-notices-filed-against-torr...) but companies often very willfully abuse the DMCA to silence criticism yet not one of them seems to have been held accountable for it.

lmilcin 5y ago

> This is not DMCA, though. I did not say this claim is DMCA. I said this situation is a result of DMCA, the law. Basically, why deal with DMCA when you can just summarily take stuff down or demonetize even without any DMCA claim. I am pretty sure without DMCA and other similar, made to order laws Google would not bother taking stuff down or building any kind of AI to do this. Because, you know, it costs. And makes people post less content. So yes, this is result of DMCA.

dragonwriter 5y ago
> I am pretty sure without DMCA and other similar, made to order laws Google would not bother taking stuff down or building any kind of AI to do this. No, its a result of bog-standsrd copyright infringement claims (the DMCA safe harbor weakened those against hosts generally, but then claims made in the massive Viacom suit—which, before it was settled, resulted on Google being forced to turn over the entire viewing history of YouTube to Viacom—and others involved YouTube being outside the scope of the DMCA safe harbor.)