This is eerily similar to the infamous "You made this?...I made this" comic.
Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
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Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#12There is no reason this kind of glitch should even be happening. There should be some kind of date attribute that gets attached to the ContentID data that Fox submits, and YouTube should reject takedowns for which that date is later than the date the video in question was uploaded. This is just ridiculous.
I agree that this should not be happening. But your solution is unworkable. Upload priority is not proof of ownership or creation. If you upload one of Fox's movie trailers before they do, they should still definitely be able to take you down.
It's a plausibility check that could be used to flag things for human review.
Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#13There is no reason this kind of glitch should even be happening. There should be some kind of date attribute that gets attached to the ContentID data that Fox submits, and YouTube should reject takedowns for which that date is later than the date the video in question was uploaded. This is just ridiculous.
I agree that this should not be happening. But your solution is unworkable. Upload priority is not proof of ownership or creation. If you upload one of Fox's movie trailers before they do, they should still definitely be able to take you down.
[deleted]
Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#14This is eerily similar to the infamous "You made this?...I made this" comic.
If anyone hasn't seen it, I believe this is the one you're referring to: http://i.imgur.com/snLplqq.jpg
Link to the original and not some reupload to imgur: http://nedroidcomics.tumblr.com/post/41879001445/the-interne... :)
Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#15Until there is a financial penalty for wrongful use of the DMCA this type of thing will continue. They use robots to create reports (maybe not in this case) because for them there is simply zero downside. That downside needs to exist.
Supposedly you risk jail time when submitting illegitimate DMCA claims. In practice the only case I know of is when YouTuber thunderf00t used that threat against another YouTuber (VenomFangX) to make him publish a video statement clarifying that his claims were illegitimate and he won't do it again -- but none of that ever ended up in court (because VenomFangX complied, before temporarily retiring from YouTube in shame).
EDIT: Of course the ContentID system probably circumvents that entirely because technically your content is taken down automatically rather than because of a DMCA claim. Even though the effect on the uploader is the same: impacting the monetisation of a video they may have invested a significant amount of time into. If anything it's worse because there is no built-in way to counter-claim or claim damages (without directly going to court).
Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#16There is no reason this kind of glitch should even be happening. There should be some kind of date attribute that gets attached to the ContentID data that Fox submits, and YouTube should reject takedowns for which that date is later than the date the video in question was uploaded. This is just ridiculous.
I agree that this should not be happening. But your solution is unworkable. Upload priority is not proof of ownership or creation. If you upload one of Fox's movie trailers before they do, they should still definitely be able to take you down.
Their proposal wouldn't ban Fox from taking down legitimate infringements as you suggest. It would simply not automatically take down videos which appear to violate the laws of time and space.
Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#17There is no reason this kind of glitch should even be happening. There should be some kind of date attribute that gets attached to the ContentID data that Fox submits, and YouTube should reject takedowns for which that date is later than the date the video in question was uploaded. This is just ridiculous.
I don't believe it is a glitch. Youtube's takedown system seems designed to allow media companies to exercise arbitrary power over any content they want, probably to keep them from suing Youtube into oblivion for hosting copyrighted content.
And now that Youtube is moving into licensed, subscription-based streaming with Youtube Red, channels using third party content under fair use are interfering with Google's potential future revenue, regardless of their actual legality. I still believe "hiccups" like the recent wave of let's play and reviewer channels disappearing mysteriously are an attempt by Google to drive those channels away, to make the site look more attractive for media companies and their IP.
Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#18Earlier quoted context omitted.
If anyone hasn't seen it, I believe this is the one you're referring to: http://i.imgur.com/snLplqq.jpg
Link to the original and not some reupload to imgur: http://nedroidcomics.tumblr.com/post/41879001445/the-interne... :)
I think linking to a re-upload is weirdly in spirit with the comic's sentiment.
Though I never quite understood which interpretation was intended:
* Creator shows their work to someone, who goes on claiming it's their own work.
* Someone shows "their work" to the original creator, who then realizes it's actually their work.
Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#19Until there is a financial penalty for wrongful use of the DMCA this type of thing will continue. They use robots to create reports (maybe not in this case) because for them there is simply zero downside. That downside needs to exist.
This is probably just Content ID.
So there the problem is that Youtube gives preferential treatment to their more profitable users, they don't have to submit a legal document to Youtube, they just flag the content and are done.
I bet there was never even a human in this particular loop.
Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA
#20I've said it before, and it bears repeating here: ContentID is not, has not been, and will never be the DMCA. It was developed by YouTube so Viacom would drop the suit that would likely have stripped YouTube's safe harbor protections under the DMCA.
ContentID takedowns are not DMCA takedowns. They operate on a different, much less strict standard. Anyone that works with YouTube can flag any video for any reason (see Scripps taking down a public-domain NASA video[0]), and the content is removed immediately without giving the initial uploader a right to contest it (it can be restored laterº. A YouTube user has way fewer rights under ContentID than they do under the DMCA. If you are found in violation of ContentID, you must fight both YouTube and the claimant to have your case heard under the DMCA.
[0] http://motherboard.vice.com/blog/nasa-s-mars-rover-crashed-i...