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Twitch suspends DragonForce guitarist Herman Li for playing his own music

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Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#41
All these comments and not one of how awesome Herman Li is? Even if you are not at all into the type of music he plays (though, come on, shredding and video game sounds!) I think there's quite a virtuosity to be appreciated. Plus he tries (not sure how that fits with record companies) to let people use his music as they want.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#42

When will platforms start to be charged for their mistakes? Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system. You would start to see more people being able to reach human support, getting human replies, etc. Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on. If…

When you enter into a contract with Twitch, the language basically says "neither of us puts any money into this venture to begin with, and we share profits as they come and none of us is responsible for any losses incurred by the other".

The same language that keeps Twitch from being responsible here, keeps you from being responsible if your controversial content causes advertisers to pull out of Twitch, making them lose potential profits.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#43

When will platforms start to be charged for their mistakes? Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system. You would start to see more people being able to reach human support, getting human replies, etc. Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on. If…

What does the contract say?

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#44
post #16

Earlier quoted context omitted.

So absurd that an original performance of a copyrighted song is an infringement.

Why? You’re literally talking someone else’s song and reproducing it. You just have to ask the copyright holder for permission and then you’re good. It’s how the whole world of covers work.

> It’s how the whole world of covers work.

Yes, I am aware of how the law currently works. I think that it is unethical and that my playing of some pop song on the piano shouldn't be covered by property law because my performance is not owned by someone else.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#45

When will platforms start to be charged for their mistakes? Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system. You would start to see more people being able to reach human support, getting human replies, etc. Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on. If…

The ToS makes no guarantee it'll be there to make your livelihood on tomorrow because you are today. Tomorrow it could say "no music, we don't like that noise" and you'd be shit outta luck because video hosting isn't a public service.

Not to mention this doesn't solve anything, who arbitrates the absolute mountain of disputes that come out of this which is just the same thing moved up a level? Especially when someone boys a competitor. The "simple" idea would take hundreds of pages of detail to even be implementable before we started talking about if it was a good idea.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#46

When will platforms start to be charged for their mistakes? Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system. You would start to see more people being able to reach human support, getting human replies, etc. Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on. If…

If he leaves the platform they end up paying some ad revenue / membership fees back from what they would normally get.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#47
post #20

Earlier quoted context omitted.

More evidence that automated systems like this should not be used.

I don't think it's the automated detection that's a problem. It's the "you cannot object, you have no recourse, you cannot reply, you cannot show your license, and when we decide this has happened enough times, you cannot use our platform" that's the problem.

Yes, an automated system that flags content but is human reviewed would be more reasonable. But the human review part slows things down and you end up losing much of the advantage of the automated system as you would be throttled by human review or have to spend much more on manpower.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#48
post #13

Just to point it out this was back in Oct at the height of the DMCA stuff* I believe. Not to say it makes it any better but I can see how they might have been trigger happy at the time. I opened this article "Again?!" * Ooh I've ended up on the top. For context to people not in and around Twitch the RIAA woke up and started handing out DMCAs like it was going out of fashion. Twitch naturally had to respond to the DMC…

> Ooh I've ended up on the top. For context to people not in and around Twitch the RIAA woke up and started handing out DMCAs like it was going out of fashion. Twitch naturally had to respond to the DMCAs to keep fair harbour and the masses misdirected their anger at Twitch for a while.

I don't think they've stopped either, CDPR had to issue a warning to streamers to keep the music muted, because there are bits of licensed music which Cyberpunk 2077's dedicated setting doesn't mute / replace, leading to possible DMCA strikes on streamer channels.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#49

When will platforms start to be charged for their mistakes? Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system. You would start to see more people being able to reach human support, getting human replies, etc. Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on. If…

> When will platforms start to be charged for their mistakes?

When they start to charge their customers.

I know I’ll get downvoted first this, but this kind of thing happens because each user in general is earning them cents and the the only way to enforce their policies is to do it on mass with automation and review by a human if the person complains (and then often rushed and not very well).

Although some large accounts will get account managers and are handled more carefully. The truth is that even if these are deleted, their viewers will just spend their time watching others.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#50
I'm naturally concerned about this because my brother in law has a regular, ongoing streaming music show/channel on Twitch with live and pre-recorded bands (most of them local to the SF bay area). He's putting a lot of effort into it: professional-level sound engineering and lighting (his day job is a recording engineer/producer and, pre-covid, stage lighting engineer), multiple camera shoots with dollys and booms and an experienced volunteer crew.

He of course is aware of Twitch's trigger-happy approach to DMCA and so one of the requirements is that bands play only original music they own the copyright to.

So far so good, but I fear one day the algorithm is going to have a false positive, or someone busts out a spontaneous Happy Birthday, and then his channel suddenly goes dark, and all that hard work gets tanked.

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