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What do you mean by 2)? I can't tell if you're saying that automated processes don't meet the bar for avoiding penalties or don't meet the bar to be penalized.
by aptwebapps 13y ago
What do you mean by 2)? I can't tell if you're saying that automated processes don't meet the bar for avoiding penalties or don't meet the bar to be penalized.
- nitrogen 13y agoI mean that, as I recall reading, an automated takedown process doesn't meet the bar of "knowingly materially" misrepresenting a claim. "Knowingly materially" is the pair of adverbs used in 512(f) (http://www.law.cornell.edu/uscode/text/17/512#f http://www.law.cornell.edu/uscode/text/17/512#f), and if I recall correctly, is a very high threshold.
- MWil 13y agoI'm really confused by your argument. Who designs and implements the automated takedown system? YouTube Who enters content into the automated system such that it becomes a claim of copyright infringement and a takedown request? The content owner You are saying that you recall reading that submitting content through something like YouTube's system will never meet the bar of "knowingly and materially" misrepresenting a claim? I doubt it. How about this scenario: Litigation reveals this email from the CEO - "Watch this guys, I totally don't own this clip and I know I don't own this clip but I'm going to submit it through Content ID anyway and get every hit taken down immediately"