3 ms·

YouTube may have taken down the videos but they also allow him (because of the DMCA) to file a counter-claim and make a claim that the videos aren't infringing.

YouTube may have taken down the videos but they also allow him (because of the DMCA) to file a counter-claim and make a claim that the videos aren't infringing. I think you need to take a look at this objectively. There is a company who obviously made a bunch of games/IP and is telling YouTube that this other person doesn't have the rights to use those games/IP. It seems very reasonable to assume the company is correct. They have a ton of lawyers on staff to knows these kinds of things! Of course, Eric has been left with a recourse. He can claim to YouTube that yes he does indeed have rights to use those games/IP. It seems entirely reasonable if out of the two parties, one claims that the other doesn't have the rights and the other when presented with the option to claim they have rights doesn't make such claim, that Eric doesn't have the rights to use the games/IP.

deleted 4y ago
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Sohcahtoa82 4y ago
> YouTube may have taken down the videos but they also allow him (because of the DMCA) to file a counter-claim and make a claim that the videos aren't infringing. Naive of you to think that works. When you counter-claim, YouTube basically asks the original claimant "Are you sure?", and of course they're gonna say yes. Exibit A: https://youtu.be/z4AeoAWGJBw https://youtu.be/z4AeoAWGJBw - TLDW: Someone filed a false copyright claim against TheFatRat on one of his own songs. TheFatRat counterclaimed, and the dispute was not approved. YouTube does not at any point make a judgement call.
- lesuorac 4y ago
  Videos aren't great for evidence since they don't typically have the exact statements made by anybody else and often omit useful information. TheFatRat did get their video back so system worked. TheFatRat sounds like a Content ID issue and not DMCA. Eric mentions DMCA a bunch and also mentions the next step being a counter-claim. So I do not believe this is a Content ID issue and so TheFatRat's case is not apples-apples. So, the way I see Eric's case is "I've tried nothing and I'm all out of ideas!". He was told he can do a counter-claim and has not even tried. --- I suspect he thinks 1) Nintendo is within their legal rights 2) Nintendo doesn't approve of neither his modded nor edgy content and therefore wants to use public opinion to convince Nintendo to go back to ignoring him.

deleted 4y ago

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Sohcahtoa82 4y ago

> YouTube may have taken down the videos but they also allow him (because of the DMCA) to file a counter-claim and make a claim that the videos aren't infringing. Naive of you to think that works. When you counter-claim, YouTube basically asks the original claimant "Are you sure?", and of course they're gonna say yes. Exibit A: https://youtu.be/z4AeoAWGJBw https://youtu.be/z4AeoAWGJBw - TLDW: Someone filed a false copyright claim against TheFatRat on one of his own songs. TheFatRat counterclaimed, and the dispute was not approved. YouTube does not at any point make a judgement call.

lesuorac 4y ago
Videos aren't great for evidence since they don't typically have the exact statements made by anybody else and often omit useful information. TheFatRat did get their video back so system worked. TheFatRat sounds like a Content ID issue and not DMCA. Eric mentions DMCA a bunch and also mentions the next step being a counter-claim. So I do not believe this is a Content ID issue and so TheFatRat's case is not apples-apples. So, the way I see Eric's case is "I've tried nothing and I'm all out of ideas!". He was told he can do a counter-claim and has not even tried. --- I suspect he thinks 1) Nintendo is within their legal rights 2) Nintendo doesn't approve of neither his modded nor edgy content and therefore wants to use public opinion to convince Nintendo to go back to ignoring him.