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That might be how the system worked if YouTube actually followed the law to the letter - instead YouTube actually preempts most of the DMCA claims by aggressive
by munk-a 5y ago
That might be how the system worked if YouTube actually followed the law to the letter - instead YouTube actually preempts most of the DMCA claims by aggressively using Content ID to pre-flag content as soon as you attempt to upload it to their system. This approach might be better for users as a lot of content owners just assume that Content ID will catch everything they care about and thus file less post-release claims letting content creators mostly pre-vet whether a video will cause a flag on their channel buuut - it doesn't actually stop anyone from filing DMCA claims anyways.
I think it's important to distinguish what the law says and what is actually going on in the world though - since the actual DMCA system is only very occasionally relevant to creators (and usually tied to soft claims - like reading out copyrighted material or static content - like images).
- ThrustVectoring 5y ago"The law to the letter" is a legal fiction. There's your interpretation of what the law is, the content creators' interpretation of what the law is, and you can spend millions of dollars in legal fees and risk billions in damages to find out what the law actually says for your particular case.
- munk-a 5y agoThat is - essentially - what I said right above. What the law actually states does still apply in the extreme case - and it applies more truly on a lot of other platforms... but YouTube has essentially preempted most DMCA claims by offering a service that proactively checks for violations - a service in no way required by the DMCA.
- ThrustVectoring 5y agoIt is not required by the DMCA, sure, but it (or the like) is required by the various content owners who have the power to sue (or not sue) YouTube. Following the DMCA's requirements only helps after spending millions of dollars on legal fees and if you manage to persuade the courts. In lieu of that, YouTube has decided to just give IP owners what they want.