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They can’t charge anything, they can’t audit anything, they must basically treat every DMCA claim as being legitimate or they open themselves to liability if th
by olliej 5y ago
They can’t charge anything, they can’t audit anything, they must basically treat every DMCA claim as being legitimate or they open themselves to liability if they’re wrong.
This is not Google’s fault. It is the fault of the DMCA as it has essentially no penalty for incorrect claims. Even a deliberately fraudulent claim has no direct penalty - as I understand google would have to bring perjury charges (costing money) and likely not receive any compensation.
The DMCA is trivially a useable, and it isn’t possible for a company to defend themselves from being used to enable such abuse, without opening themselves up to legal liability.
- marcan_42 5y agoThese are not DMCA claims. These are automated Content ID claims, made possible by the automated system Google put in place for this purpose. They have nothing to do with any law. It is an extralegal mechanism. The DMCA only comes into place once disputes get rejected by the copyright holder. Google can and absolutely should police Content ID more, such as by penalizing groups that register non-music into the system.
- olliej 5y agoI guess they simply don't have an incentive to do so - media companies immediately attack anything that "weakens" their tools, and their senators will act accordingly :-/