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“A company is copyright-claiming every video I have ever made”

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Re: “A company is copyright-claiming every video I have ever made”

#41

Post by NeedMoreTea »

hedora wrote: post #32
ghayes wrote: post #23

Earlier quoted context omitted.

What you’re looking for is called punitive damages, and already exists in the legal system (this is why McDonalds paid millions of dollars for a hot coffee). The goal is to actually open lawsuits including punitive damages for fraudulent or negligent DMCA requests.

True, but the punitive damages are set as a multiple of the damage done. I want them to be as a percentage of the revenue / valuation of the party at fault. The current system is why PG&E has literally blown up neighborhoods and burnt down a city, but the investors only got a slap on the wrist. In a system where punitive damages are a percentage of the valuation of the corporate entity that committed the crime, repea…

When legislatures come up with a penalty that depends on say a percentage of global turnover, HN lights up at the iniquity of it. Despite that being in a jurisdiction that demands proportionality in penalties, so it's a maximum that will rarely if ever levied, and only on the largest corporates.

Re: “A company is copyright-claiming every video I have ever made”

#42

Post by fenwick67 »

iforgotpassword wrote: post #9

I only use YouTube occasionally but if I do, it's mostly for geek stuff by exactly these kinds of individuals. Are there any signs that another platform will take YouTube's place in that regard during the next couple years? I mean sites like Vimeo and daily motion have been around since forever but never managed to weaken the critical mass that YouTube had due to it's head start. Then there's the occasional startup t…

Twitch is poised to threaten YouTube. They have Amazon behind them financially, and their live streaming is beating YouTube's.

Re: “A company is copyright-claiming every video I have ever made”

#43

Post by Frost1x »

bdz wrote: post #20
DanBC wrote: post #11

He's had a response from Head of gaming at YT: https://twitter.com/Fwiz/status/1130128085347516417

Now imagine if you don't have 3m subs, no 150k followers on Twitter, no one is posting your stuff on Reddit and even on HN. Good luck getting any help from Google

Now imagine it isn't YouTube but some other more significant privatized service near monopoly status, say a local grocery chain or car rental company, and they enforce a "policy" (say banning you) that is now difficult to separate from a law other than you have no voice and little recourse for action, especially as an individual.

Privatized monopolies are in general small totalitarian government regimes that reign over specific functions (markets) of life. Real competition is what breaks those regimes into a democracy where you can somewhat vote with your purchase decisions. We still have to watch out for cartels though where multiple near monopolies agree to stay out of each others territories or collude to set market practices.

Re: “A company is copyright-claiming every video I have ever made”

#44

Post by luckylion »

Frost1x wrote: post #43
bdz wrote: post #20

Earlier quoted context omitted.

Now imagine if you don't have 3m subs, no 150k followers on Twitter, no one is posting your stuff on Reddit and even on HN. Good luck getting any help from Google

Now imagine it isn't YouTube but some other more significant privatized service near monopoly status, say a local grocery chain or car rental company, and they enforce a "policy" (say banning you) that is now difficult to separate from a law other than you have no voice and little recourse for action, especially as an individual. Privatized monopolies are in general small totalitarian government regimes that reign ov…

Let's go a step further: imagine living in a new company town that Google bought/built. Three DMCA-claims and you're in violation of TOS, all your content (including what's in your apartment) is deleted and you're kicked out of town and driven to the town limits.

I'm sure there will still be people here who are quite happy with that because "it's not the government doing it" and they reckon they're not next in line for the same treatment.

Re: “A company is copyright-claiming every video I have ever made”

#45

Post by luckylion »

tzs wrote: post #39
throwaway55554 wrote: post #22

How is this not a form of pirating? Pirating is the reason we have the stupid DMCA to begin with and now we have this happening!

The problem here has nothing to do with the DMCA. The problem is that Google has implemented its own system that has little to do with the DMCA. If it were handled the DMCA way, here is how it would go. 1. Someone complains to the hosting service alleging that you are violating their copyright. 2. The hosting provider takes down the material and notifies you. If you do not want to dispute this, that is the end of it.…

If the claimant takes you to court and loses, there is no penalty, I assume? There's punitive damages in the US - any chance that would be applied to such a case?

Re: “A company is copyright-claiming every video I have ever made”

#46

Post by eljimmy »

fenwick67 wrote: post #42
iforgotpassword wrote: post #9

I only use YouTube occasionally but if I do, it's mostly for geek stuff by exactly these kinds of individuals. Are there any signs that another platform will take YouTube's place in that regard during the next couple years? I mean sites like Vimeo and daily motion have been around since forever but never managed to weaken the critical mass that YouTube had due to it's head start. Then there's the occasional startup t…

Twitch is poised to threaten YouTube. They have Amazon behind them financially, and their live streaming is beating YouTube's.

No doubt. Twitch is also pretty easy to get in contact with regarding any content disputes as well, at least in comparison to YouTube.

Re: “A company is copyright-claiming every video I have ever made”

#47

Post by ajross »

pdkl95 wrote: post #25
tssva wrote: post #12

Earlier quoted context omitted.

YouTube doesn't have a lot of flexibility here. The DMCA spells out specific requirements YouTube must follow when they receive a copyright claim and even with the current DMCA submission system and content id system which creators claim is too large media company friendly Google is constantly being threatened with law suits by the large media companies claiming they are in violation of safe harbor requirements for n…

In some cases, YouTube is now explicitly rejecting DMCA "safe harbor" protection. https://www.youtube.com/watch?v=AHtHpC6nc_E From https://support.google.com/youtube/answer/3045545?hl=en (emphasis mine) > Videos removed or blocked due to YouTube's contractual obligations > YouTube enters into agreements with certain music copyright owners to allow use of their sound recordings and musical compositions. > In exchange…

That's not how that law works. The safe harbor protection in the DMCA is for Youtube, not their customers. It protects them from legal action by copyright holders as long as they honor the process spelled out in the statute.

There's absolutly no law requiring Youtube to host whatever content you want them to. Nor should there be, really.

Re: “A company is copyright-claiming every video I have ever made”

#48

Post by jfoster »

panpanna wrote: post #3

The only way to fix this is to let you sue for damages + lawyer fees. As it is right now, you can earn lots of money by DMCA:ing popular creators, monetize on their content for a while (or a long time if they don't have a friend at Google who can escalate the issue).

What happens if there's two claims? Could a YouTuber do something along the lines of just lodging claims against their own videos in order to prevent others from lodging claims?

Re: “A company is copyright-claiming every video I have ever made”

#50

Post by Flammy »

IloveHN84 wrote: post #49

Why don't you copyright them before that company does it?

That isn't how YouTube's Content ID system works.

The vast majority of users don't have access to the system.

When a claim is filed against a video, it is assumed accurate until the appeal process is approved, and revenue is lost immediately.

Source: Ex YouTuber, 15m video views

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