4 ms·
On what grounds would they file suit? If YouTube complies with the DMCA §512 requirements, it’s a safe harbour, granted immunity from copyright liability.
by chrismorgan 3y ago
On what grounds would they file suit? If YouTube complies with the DMCA §512 requirements, it’s a safe harbour, granted immunity from copyright liability.
- SpicyLemonZest 3y agoEven if the takedown process is followed, the DMCA §512 safe harbor doesn't apply if the service provider has "actual knowledge" of specific infringing content. Content ID was (probably) first developed in response to lawsuit by Viacom on those grounds (https://en.wikipedia.org/wiki/Viacom_International_Inc._v._YouTube,_Inc https://en.wikipedia.org/wiki/Viacom_International_Inc._v._Y....), although it's not clear if their arguments would have ultimately been successful.
- chrismorgan 3y agoThanks for this valuable information! Didn’t know about that suit. Hmm. I can see a sort of a connection there. I wish there was some way for the Little Man (collectively) to object to Content ID’s undue process. DMCA takedowns say that in the case of a counternotice, platform must reinstate the content “within 10–14 business days” unless the copyright owner files suit. Content ID, on the other hand, gives no recourse—all you can do is file a dispute which is adjudicated exclusively by the claimer, who by your action initiating a dispute is granted power to Strike you with fire and brimstone (where the third strike will probably cause the termination of your Google account).