3 ms·
> instituted systems that have nothing to do with DMCA. > Under DMCA, if someone strikes my classical music composition, I write a one sentence counter notice
by stale2002 5y ago
> instituted systems that have nothing to do with DMCA.
> Under DMCA, if someone strikes my classical music composition, I write a one sentence counter notice and that is it.
Although I agree that there could be problems if a system has no counter-claim process (although, I think that this claim of your is factually incorrect. I think youtube has counterclaims, even for its "fake" DMCAs), I think that you have strongly mis-interpreted the motivations for having "fake" DMCA processes.
The motivations for having fake DMCAs, is that if someone doesn't get a real DMCA, then there is no longer any legal obligation to perma-ban someone for being a "repeat" infringer.
This draconian, repeat infringer policy, which many platforms have, is bad for everyone. And getting around it helps creators.
> "YouTube sides with the content producer instead of your counter notice" in DMCA at all.
I am not sure why you think this is the case. If there is a counter claim, youtube is required by law to respect the counterclaim.
- wtallis 5y ago> I am not sure why you think this is the case. If there is a counter claim, youtube is required by law to respect the counterclaim. Not if it's the counter-claim in their non-DMCA process.