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>So is it a copyright enforcement system or is it really some kind of cartel mechanism which is replacing copyright law? It's neither of those. Content ID is
by jasode 3y ago
>So is it a copyright enforcement system or is it really some kind of cartel mechanism which is replacing copyright law?
It's neither of those. Content ID is an automated detection system that Google/Youtube voluntarily put in place to help make peace with big copyright holders like Viacom to stop the lawsuits:
https://archive.is/Awz5k https://archive.is/Awz5k
Basically Youtube created a win-win deal: when our content scanner finds a pirated upload matching with your content, you can choose to share in the monetization revenue we get from ads or you can remove it.
In contrast, the DMCA copyright strike takedown mechanism is the more heavy-handed attempt at "copyright enforcement".
EDIT add to reply: >So to be more direct: Google is exhibiting non-transparent, cartel-like behavior
I can't speak to any invisible back room behavior but as one datapoint... you can be a small independent musician on a small distributor like CDBaby or DistroKid and partipate in Content ID. Example: https://support.distrokid.com/hc/en-us/articles/360013534874-If-I-Submit-My-Music-to-YouTube-Music-Will-It-Cause-Problems-with-Content-ID- https://support.distrokid.com/hc/en-us/articles/360013534874...
The initial motivation for Content ID fingerprinting was placating the big players like Viacom but it has since been opened up to others.
- Lio 3y agoThat's a win-win-loose, as there are 3 parties involved here. In this case Disney does not hold the copyright and yet YouTube and Disney are acting like a cartel to demonetize competitors.
- safety1st 3y agoThat sounds exactly like cartel behavior. It does something to maximize the profits of a small number of Google's business partners (who in return scratch Google's back in other ways), and it claims to be a copyright enforcement mechanism, but it isn't. Mind you when we say "it" colloquially we're all talking about content ID, but legally what we're really talking about is how Google, the firm, is making decisions. So to be more direct: Google is exhibiting non-transparent, cartel-like behavior in selecting which of its partners to pay and which not to. It misrepresents this as copyright enforcement.
- roelschroeven 3y agoA major problem with this is that those matching uploads are not necessarily pirated uploads, but the whole system is biased to think they are. NASA has gotten claims from news organizations who copied NASA's footage of rocket launches. Those NASA videos were not pirated (and neither where the news organization videos, but that's not the point). Piano teachers who play public domain classic works have gotten claims from publishers like Sony. The system is heavily biased towards he big copyright holders and against other publishers, largely regardless of the actual merits of the case. As a sibling comment says, it's at best a win-win-loose situation. As for the DMCA: that system, and how YouTube handles it, has severe shortcomings of its own. It's very well possible that ContentID is better than the DMCA, but that's a very small hurdle to clear.
- trinsic2 3y ago> win-win deal Yeah I'm sure it's been a win for all of us (not)