So the first email was from a Protonmail account, and the second one was spoofed and obviously had incorrect headers. Are you saying Youtube doesn't check for these when processing take-down requests?
Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
111–120 of 201 posts
Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#112Earlier quoted context omitted.
10 year prison sentence for anybody sending fraudulent takedowns, including all lawyers involved.
This is great until a small time artist gets put on trial facing 10 years for art used by megacorp, that is originally theirs but hard to prove it.
In this scenario, has megacorp proved the art is theirs? Because, if so, how, and if not, then surely the original claim isn't unambiguously fraudulent?
Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#113Earlier quoted context omitted.
Consider the following: I make a form of parody that is known as a Youtube Poop. It was all the rage last decade, but now it's a dying art. In part because of these stupid DMCA rules preventing people like me from expressing their creativity. I can appeal the strikes, but every time I do so I risk losing my channel forever. I don't monetize, and I only make parodies of stuff that came out over 10 years ago. So I've a…
Nobody has a right to an audience. > Also, I'm from Europe. Which court should I go to when I infringe on an american dub copyright for a japanese cartoon, exactly? Well the copyright and the site are American so probably America.
> Nobody has a right to an audience.
The GP isn't asking for an audience. (Except if you mean "with the king", because that's exactly what the comment is asking for.)
> Well the copyright and the site are American so probably America
The GP didn't tell you who the copyright owner is. And Google is present in more than one country.
That said, yes, your last paragraph is a good hint. The world should just think very hard about blocking every large US business.
Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#114It is perfectly clear that YouTube can stop it. As the article points out, we know there are things YouTube can do because those are the very same things The Verge asked about and YouTube refused to answer. The DMCA is broken, yes, but YouTube has made it worse with their kind-of-but-not-actually-DMCA counter-claim process. If they really wanted to solve it, here's an idea: if you get a takedown notice you also get a…
Why shouldn’t Nintendo have an official YouTube mandated account for takedowns? Is there a legal requirement that they don’t validate the rights holder?
Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#115Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#116Earlier quoted context omitted.
> I am sure my content does not infringe copyright and I'm willing to go to court for it This is exactly what the YouTube copyright counter notification is. The problem is that YouTubers aren't lawyers, so they don't want to risk going to court. https://support.google.com/youtube/answer/2807684?hl=en
Then hire a lawyer & sue, you have to enforce your rights.
Google shields the false-DMCA complainers and will absolutely not reveal their identities.
Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#117What about verifying the entity sending the request is legit?
An email @nintendo.com is not that hard to get for the legal team of nintendo
Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#118The DMCA has absolutely ruined a decade+ long hobby of mine, which was streaming/content creation. I used to have really fun streams not that long ago that featured a variety of relaxing/cool music set to the backdrop of me messing around on the computer, or in some game. Everyone was fine with this arrangement for a long time. Then, things suddenly changed a few years ago. First your VODs would get yanked and you'd…
I once recorded an half-hour drive and uploaded it to YT as private video for my own convenience. Got immediately a copyright claim about radio playing some music in the background.
Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#119Earlier quoted context omitted.
Yet YouTube's system takes a lot of time from the time the content is claimed to the time you can escalate to an actual DMCA. In this time your video is down or has its revenue redirected. And if your content gets too many frivolous claims your account is taken down by YouTube's three strike policy before you have finished the dispute process for the first video. A single button to immediately and without human revie…
Your idea for a "single button to immediately restore the video" system would violate the takedown process outlined in the DMCA. The way it works is that after someone sends a takedown request, the content can't be restored until 10 business days after the person who uploaded it sends a counter-notice. This gives whoever sent the takedown request enough time to decide whether they want to file a lawsuit and keep the…
It would not. As youtube's "dmca" isn't an actual one. If they did actual dmca's it would in fact go against the dmca. And on a side note, there does not have to be a 10 day window for the reciver of the DMCA to file suit. Once someone files a DMCA against you you can file an instant action as they made a legal claim against you.
Re: Fake Nintendo lawyer is scaring YouTubers, and its not clear YouTube can stop it
#120Earlier quoted context omitted.
It's not immediately clear to me that this is true. Video games are designed to be played interactively. Streaming a single playthrough via a non-interactive medium strikes me as transformative. Would you say a screen capture of Microsoft Excel is also copyright infringement? If not, what would you say is the legal basis for treating that differently than a video game?
Years ago somebody at Kinko’s refused to make copies of a draft software manual because it had screenshots of our software’s Windows interface. She said it would violate Microsoft’s copyright. This led to a fun discussion of how copyright on rectangles would even work. Obviously this wasn’t Kinko’s official stance. Just one obstinate, over zealous employee. Ironically, it was a bible software manual and the screensho…
> Obviously this wasn’t Kinko’s official stance. Just one obstinate, over zealous employee.
You might think that's obvious, but you'd be wrong. Software publishers were cracking down on duplicating manuals as a means of trying to curb software piracy.
I can practically guarantee that the "obstinate employee" was given clear direction by their manager on the subject.
Though you do have to keep in mind that depending on when exactly this happened, Kinko's might still have been a collection of hundreds of largely autonomous regional partnerships, each of which could set their own policy.