Earlier quoted context omitted.
It would help if the damages were calculated as a percentage of revenue (or maybe equity) of the largest company involved in the clam. Mirimax subcontracted to a fly by night organization that sent 10,000 bogus takedown requests? Great. The damages are 10% of revenue. Since Disney is the parent, that would include Disney theme park tickets, cruise ships, the entire Star Wars franchise, etc. A 1% revenue hit per 1000…
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.
“A company is copyright-claiming every video I have ever made”
91–100 of 320 posts
Re: “A company is copyright-claiming every video I have ever made”
#92In fairness, the franchise or manager (not McDonalds) was at fault there. They had the coffee machine set higher than standard McDonalds temperature, and had they been repeatedly cited by inspectors because it was a safety violation. The burn led to hospitalization.
>The burn led to hospitalization. 3rd degree burns over 6% of her body with lesser burns over 16% of her body. (Her labia were fused together.) And required extensive skin grafts to treat. While in the hospital she lost 20% of her body weight and was left partially disabled for 2 years following the incident and retain not-insignificant scarring. >They had the coffee machine set higher than standard McDonald's temper…
Stella's coffee was served within the temperature range that was, and still is, recommended by professional coffee associations like SCAA and NCA [1]. As of 2019, the NCA recommends that coffee be held and served at around 180-185 deg F (~80-85 deg C), which is likely near the temperature at which Stella was burned. This is a perfectly reasonable service temperature, widely used by coffee shops, restaurants, and home brewing machines to this day.
Stella Liebeck took her cup of coffee and squeezed it between her legs in order to fiddle with the lid. The result was tragic, but completely expected. If I spill a fresh cup of Starbucks coffee on my crotch today, I fully expect third-degree burns. So I take a little extra care with it until it has cooled to drinking temperature, which happens pretty quickly.
Tea is generally even hotter. Any good tea shop will serve a pot of freshly boiled water, at least twenty degrees hotter than hot coffee. Spilling that on yourself is guaranteed to melt your skin. Great care is warranted.
Again, what happened to Stella was terrible. She didn't deserve it, and she didn't deserve the hate she got afterward. But she did something really stupid. I sympathize, because I do stupid stuff all the time, and I have the scars to remind me.
We're surrounded by extremely dangerous things that require great care to use properly. It's useful for coffee to be held and served hot, just as it's useful for knives to be sharp and cars to be able to reach highway speeds. There will inevitably be accidents, but making the world completely safe for people who use these things carelessly would mean depriving everyone of their proper use.
Re: “A company is copyright-claiming every video I have ever made”
#93The 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).
Bringing a lawsuit is not an option for the vast majority of people, but it seems this is the first option many people suggest. Situations like this are more of a problem with our laws that largely protect the interests of large corporations over individuals and really need to be changed.
Re: “A company is copyright-claiming every video I have ever made”
#94How 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.…
Re: “A company is copyright-claiming every video I have ever made”
#95You see the inherent asymmetry of power in these massive platforms now. YouTube hasn't the slightest, tiniest imaginable incentive whatsoever to change their practices in any way here. This creator is just another meaningless bit of chaff in their grist mill of complete dominance over the web. People will get angry, retweet, do whatever, and YouTube will keep humming along. An unassailable behemoth whose total disreg…
What's the alternative? YouTube footing the bill for copyright lawsuits?
Also, if Google can show that the copyright claims are incorrect, then they get to keep the difference.
Now copyright holders are incentivized to make accurate claims and Google is incentivized to find inaccurate claims.
Re: “A company is copyright-claiming every video I have ever made”
#96Earlier quoted context omitted.
What's the alternative? YouTube footing the bill for copyright lawsuits?
If a creator can't afford to publish content without a company striking their account then why would any creator stay? It's in their interest to make sure the platform is even viable to publish content.
Re: “A company is copyright-claiming every video I have ever made”
#97How 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.…
Maybe youtube should by default bundle the complaints? Ideally you'd have rich tools for slicing and dicing a complaint and responding to different slices in different ways.
Re: “A company is copyright-claiming every video I have ever made”
#98Earlier quoted context omitted.
What's the alternative? YouTube footing the bill for copyright lawsuits?
How about this: your copyright claim accuracy becomes a multiplier for monetization payouts. E.g. if 100% of claims are correct, you keep all monetization. If 10% of claims are correct, you only get 10% of monetization. Also, if Google can show that the copyright claims are incorrect, then they get to keep the difference. Now copyright holders are incentivized to make accurate claims and Google is incentivized to fin…
Re: “A company is copyright-claiming every video I have ever made”
#99The question to me when these stories come up at least once a month is: Why would YouTube want to fix this? YouTube as a platform for generating revenue has largely become the domain of large media companies and top personalities. Those entities have a vested interest in keeping the copyright claim system exactly as it is, and YouTube has a vested interest in keeping those entities happy. I think we've long since pas…
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…
Re: “A company is copyright-claiming every video I have ever made”
#100I 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.