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So many invalid takedown requests (under the auspices of the DMCA, even if content ID pre-empts a formal DMCA request), and you stop honoring their content ID a
by quanticle 14y ago
So many invalid takedown requests (under the auspices of the DMCA, even if content ID pre-empts a formal DMCA request), and you stop honoring their content ID and/or takedown requests.
The problem is that such a strategy won't hold up in court. If I'm a content producer, and I file a thousand invalid DMCA takedown requests, YouTube still has to treat request #1001 as a valid request. If they don't, they're liable for contributory infringement, and on a site of the scale of YouTube, that can be a billion dollar liability.
Or at least then make them go through formal channels consuming the maximum amount of time before response and doing the most to coerce them to prove the validity of the request.
A DMCA takedown request is the formal channel. The only more formal channel than that is a lawsuit.
- nucleardog 14y agoI'm pretty sure the content ID stuff is self-regulation - not a formal DMCA request. After the set number of strikes, stop allowing them access to the content ID 'convenience' tool and require them to mail in a formal DMCA takedown notice. If someone had to fill in a DMCA takedown notice, print it out, stuff an envelope, put a stamp on it and then drop it in the mail I imagine there would be a few less "Oops, we didn't own the copyright on that." incidents versus clicking a button, ignoring the entire "penalty of perjury" agreement and just hitting "agree" and having their video taken offline. You're still following the law, you're just not providing tools to make it easier for scumbags and idiots to wreak havoc. Make smart things easier, make stupid things harder.