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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

#72

Earlier quoted context omitted.

You make them pay by abandoning them as a customer. Stop streaming. Stop watching. Fining businesses who make mistakes is a dangerous path. That means anyone new to the industry who tosses up their first project is open to getting fined if they make a mistake. It also means there is either some organization in charge of being the watchdog for the industry with power to just apply fines to companies as they see fit...…

Instead of fining businesses, perhaps the answer is litigation. I’m not sure what their TOS says, and I wouldn’t be surprised if it protects from this, but yeah, the liability should be that you open yourself up to being sued if you erroneously remove a user from your platform, who is using it as their job

codingdave already gave the answer. If you are dissatisfied with the service, cease to employ it. If bad actors are protected by barriers to entry, work to lower the barriers.

Competition is your best hope. Chasing artificial alternatives is a poor choice.

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

#74
post #56
post #40

Earlier quoted context omitted.

SFWA standard terms are the author grants US publishing rights, not the entire copyright. https://www.sfwa.org/2009/07/05/model-contract-hardcover/ Authors should never sign anything worse then that.

That would still cover the right to publish in US territory.

Which the author gets royalties for giving. The system is made so authors get money and publishers do too from their books. They are jointly using the authors copyrighted work for mutual benefit.

What's not included and valuable? Adaptations, foreign translations, sequels, etc.

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

#76
post #16

Earlier quoted context omitted.

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.

But the song you’re playing is owned by someone else. I can understand the case for carving out an exception for this use but it doesn’t change the fact that your derived work now has two copyright holders: the original artist and you.

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

#77

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…

Never, because it's impossible to have a platform if keeping something content up gets them fined AND taking content down gets them fined.

They don't have perfect knowledge of how a court would rule in each case, so they err on the side of caution. Remove the side of caution and you can't have a platform.

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

#79
We need better laws to punish false DMCA takedowns. We can’t put this on the platforms because the cost of this ignoring a true DMCA request is so high. We need to fix it so that when the engineers go to talk to the legal team, the legal team can give advice that points in a different direction, which means new laws.

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

#80

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…

This perspective is completely baffling to me. This was an algorithmic mistake not a targeted attacked, Twitch is also a free service the use of which is a privilege not a right. This is just a product of the business environment surrounding copyrighted works and advertising, Twitch would be perfectly happy to continue raking in cash from everything on the platform, but that just isn't possible. If you just think about how things work for a second its obvious that twitch and other video platforms have a huge incentive NOT to take things down, but somehow people discount the profit motive for these services.
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