4 ms·

For YouTube that is how the law (DMCA) is written. If they took a more active role they would probably lose the safe harbor protections and get sued into oblivi

by doikor 4y ago

For YouTube that is how the law (DMCA) is written. If they took a more active role they would probably lose the safe harbor protections and get sued into oblivion.

oefrha 4y ago
No, the law does not require the Content ID system. Other platforms don’t have it and they’re fine. I took down a content stealing TikTok account with DMCA just two weeks ago.
- doikor 4y ago
  Content ID is just a way to do the claims. You could still do illegitimate claims just fine without it (on TikTok too) What DMCA says is that the service provider has to take the content down and forward the claim to the uploader. It does not really provide any leeway about trying to figure out if the claim is legimate or not. It is up to the party who uploaded the content then to dispute it.
  - tjoff 4y ago
    A big problem is that the uploader can't dispute it properly...
  - Mordisquitos 4y ago
    I am unfamiliar with the technicalities of the DMCA, but is it possible that it may not be applicable in this case? If I am not mistaken, the DMCA deals with removal of copyright infringement per se from digitally available media. However, the listing of this product on Amazon's website is not in itself a copyright infringement. Instead, it is a "legitimate" listing of a product for sale which happens to be counterfeit when eventually received. Illegal no doubt, but can it really be taken down by DMCA procedure?
  - oefrha 4y ago
    Content ID is explicitly not a way to do DCMA claims, it’s a pre-DCMA automated process outside the legal framework that flags a lot of false positives. The legal DCMA takedown process is only initiated after (1) Content ID flags content, (2) uploader disputes copyright claim; (3) claimant rejects dispute. The claimant can block you for 30 days without doing anything. Can they implement such a system? Sure. But don’t say it’s DMCA or they’re required to do it. They have a separate DMCA process, and the cost of submitting false claims is higher there.
  - tzs 4y ago
    DMCA also says that the service provider has to restore the content if the uploader disputes the claim, and forward the uploader's contact information to the claimant so that the claimant can take it to court if the claimant wants to continue pursuing the matter. Does Google's Content ID system do that?

by doikor 4y ago

For YouTube that is how the law (DMCA) is written. If they took a more active role they would probably lose the safe harbor protections and get sued into oblivion.

oefrha 4y ago

No, the law does not require the Content ID system. Other platforms don’t have it and they’re fine. I took down a content stealing TikTok account with DMCA just two weeks ago.

doikor 4y ago
Content ID is just a way to do the claims. You could still do illegitimate claims just fine without it (on TikTok too) What DMCA says is that the service provider has to take the content down and forward the claim to the uploader. It does not really provide any leeway about trying to figure out if the claim is legimate or not. It is up to the party who uploaded the content then to dispute it.
- tjoff 4y ago
  A big problem is that the uploader can't dispute it properly...
- Mordisquitos 4y ago
  I am unfamiliar with the technicalities of the DMCA, but is it possible that it may not be applicable in this case? If I am not mistaken, the DMCA deals with removal of copyright infringement per se from digitally available media. However, the listing of this product on Amazon's website is not in itself a copyright infringement. Instead, it is a "legitimate" listing of a product for sale which happens to be counterfeit when eventually received. Illegal no doubt, but can it really be taken down by DMCA procedure?
- oefrha 4y ago
  Content ID is explicitly not a way to do DCMA claims, it’s a pre-DCMA automated process outside the legal framework that flags a lot of false positives. The legal DCMA takedown process is only initiated after (1) Content ID flags content, (2) uploader disputes copyright claim; (3) claimant rejects dispute. The claimant can block you for 30 days without doing anything. Can they implement such a system? Sure. But don’t say it’s DMCA or they’re required to do it. They have a separate DMCA process, and the cost of submitting false claims is higher there.
- tzs 4y ago
  DMCA also says that the service provider has to restore the content if the uploader disputes the claim, and forward the uploader's contact information to the claimant so that the claimant can take it to court if the claimant wants to continue pursuing the matter. Does Google's Content ID system do that?