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To which they respond: >> Shopify says that it’s not feasible for the company to investigate the validity of all takedown notices in detail. As such, these fal

To which they respond: >> Shopify says that it’s not feasible for the company to investigate the validity of all takedown notices in detail. As such, these false claims resulted in actual removals and the affected stores also received strikes on their accounts.

deleted 3y ago
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CobrastanJorji 3y ago
Unlike the DMCA takedown, the "strike" is by no means required by any laws. That's just Shopify choosing to penalize takedown recipients without doing any investigating.
- bdw5204 3y ago
  The idea of "strikes" is pretty standard in the US from the 90s era "3 strikes" crime laws (i.e. commit 3 crimes and you get life without parole; these have generally been repealed in the last 5-10 years or so) that were inspired by the rules of baseball where the batter is out after 3 unsuccessful swings or hittable pitches he didn't swing at. It isn't a good system but Youtube in particular was loaded with pirated content in the early days before Google invented automated copyright moderation so they most likely needed to do something drastic to delete pirate accounts to avoid legal trouble with the copyright lobby and everybody else just copied the idea as a "best practice".
- mdasen 3y ago
  It is kinda required. The DMCA requires you to implement a policy for terminating repeat copyright infringers. You aren't required to call them "strikes", but you have to keep track of who is a repeat infringer and terminate their account. You have some leeway in how you implement it, but you do need to take action against repeat infringers. As such, any infringement that doesn't get overturned will end up as a strike against you (whether it's called a strike or not).
wolverine876 3y ago
> Shopify says that it’s not feasible for the company to investigate the validity of all takedown notices in detail. In other words, they don't want to spend the money to fulfill their responsibilities.
- Vicinity9635 3y ago
  [dead]

deleted 3y ago

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CobrastanJorji 3y ago

Unlike the DMCA takedown, the "strike" is by no means required by any laws. That's just Shopify choosing to penalize takedown recipients without doing any investigating.

bdw5204 3y ago
The idea of "strikes" is pretty standard in the US from the 90s era "3 strikes" crime laws (i.e. commit 3 crimes and you get life without parole; these have generally been repealed in the last 5-10 years or so) that were inspired by the rules of baseball where the batter is out after 3 unsuccessful swings or hittable pitches he didn't swing at. It isn't a good system but Youtube in particular was loaded with pirated content in the early days before Google invented automated copyright moderation so they most likely needed to do something drastic to delete pirate accounts to avoid legal trouble with the copyright lobby and everybody else just copied the idea as a "best practice".
mdasen 3y ago
It is kinda required. The DMCA requires you to implement a policy for terminating repeat copyright infringers. You aren't required to call them "strikes", but you have to keep track of who is a repeat infringer and terminate their account. You have some leeway in how you implement it, but you do need to take action against repeat infringers. As such, any infringement that doesn't get overturned will end up as a strike against you (whether it's called a strike or not).

wolverine876 3y ago

> Shopify says that it’s not feasible for the company to investigate the validity of all takedown notices in detail. In other words, they don't want to spend the money to fulfill their responsibilities.

Vicinity9635 3y ago
[dead]