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Reminder that the normal YouTube copyright process isn't the DMCA process, but instead a process YouTube came up with as part of a settlement with the record la
by monocasa 4y ago
Reminder that the normal YouTube copyright process isn't the DMCA process, but instead a process YouTube came up with as part of a settlement with the record labels that gives those making the claim nearly all of the power.
- yummypaint 4y agoThe youtube TOS does not shield people making false claims from liability. It is extremely lopsided in every other aspect, though.
- monocasa 4y agoBut the DMCA section about liability for false claims doesn't apply if it wasn't a DMCA takedown in the first place.
- KZerda 4y agoThere are other actionable laws that could potentially be used here though. Slander of Title [1] certainly seems to apply here, given that the claims disparage ownership, and could be argue to have caused damages, through things like unwanted ads being played before and during the videos. [1] https://en.wikipedia.org/wiki/Slander_of_title https://en.wikipedia.org/wiki/Slander_of_title
- monocasa 4y agoWhich doesn't come with attorney's fees by default. So if they screwed you out of, say, $10k, it might not even be worth it to go after if there's a large disparity between your resources and theirs.
- yummypaint 4y agoYou don't need the DMCA to be able to sue someone, this is just tort law.
- slowmovintarget 4y agoNo, the section where you agree to binding arbitration does.