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Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it

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Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it

#3
post #2

The system is broken and I can't see a way to fix it. Maybe pay to send a takedown notice?

I think a sufficiently large company would still pay - it'd likely be a drop in the bucket compared to hiring a legal team. (A troll like the one in the article? Still, depends on the price.)

I think it should switch to the strike system that YouTube, at least, favors: if you issue three fraudulent DMCA notices, you lose the ability to do so again in the future.

Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it

#4
post #2

The system is broken and I can't see a way to fix it. Maybe pay to send a takedown notice?

I think a sufficiently large company would still pay - it'd likely be a drop in the bucket compared to hiring a legal team. (A troll like the one in the article? Still, depends on the price.) I think it should switch to the strike system that YouTube, at least, favors: if you issue three fraudulent DMCA notices, you lose the ability to do so again in the future.

...until you spoof a new e-mail address. That won't scale well.

Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it

#5
post #2

The system is broken and I can't see a way to fix it. Maybe pay to send a takedown notice?

For larger and more litigious companies like Nintendo one would think YouTube wouldn't continue to accept takedown requests from random unverified users

Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it

#6
post #2

The system is broken and I can't see a way to fix it. Maybe pay to send a takedown notice?

I think a sufficiently large company would still pay - it'd likely be a drop in the bucket compared to hiring a legal team. (A troll like the one in the article? Still, depends on the price.) I think it should switch to the strike system that YouTube, at least, favors: if you issue three fraudulent DMCA notices, you lose the ability to do so again in the future.

Look at Nintendo, they're creating opportunities even when they try to stop anyone from using their things.

Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it

#7
post #2

The system is broken and I can't see a way to fix it. Maybe pay to send a takedown notice?

The problem with any loser-pays or adjacent system is that you inherently favor anyone with deep pockets even more than the system does today.

Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it

#8
post #4

Earlier quoted context omitted.

I think a sufficiently large company would still pay - it'd likely be a drop in the bucket compared to hiring a legal team. (A troll like the one in the article? Still, depends on the price.) I think it should switch to the strike system that YouTube, at least, favors: if you issue three fraudulent DMCA notices, you lose the ability to do so again in the future.

...until you spoof a new e-mail address. That won't scale well.

The DMCA takedown form can also request identity confirmation.

Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it

#10
post #2

The system is broken and I can't see a way to fix it. Maybe pay to send a takedown notice?

10 year prison sentence for anybody sending fraudulent takedowns, including all lawyers involved.

How do I prove it's fraudulent? Hire a lawyer?
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