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My video with 47M views was stolen on YouTube [video]

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Re: My video with 47M views was stolen on YouTube [video]

#21
post #2

Seems like you should be able to leverage standard copyright law - per-violation 10-100k seems like the industry demanded fine...

I am pretty sure that those are not actual copyright claims in a DMCA sense. Sadly Youtube is using some internal system with these claims. I assume they were pressured into this by the music industry for ease of squeezing money out of it.

Re: My video with 47M views was stolen on YouTube [video]

#22
post #16

Moderation is really the ultimate scalability problem. I have some level of sympathy for the predicament YouTube is in, but I really hope the system can be redesigned. I've never seen (keyword: seen) a press release or article about how an individual / group of DMCA abusers of this sort was arrested. Why can't this be taken more seriously as a form of fraud, and why can't these people be gone after? Sure, you can obf…

I would have sympathy if they weren't so damn incompetent. You can clearly see how they fail to make a simple rational check in this guy's issue and objectively realize that it's a fraudulent claim. They only care when the issues go public and viral, and the outburst is too large to ignore.

This is a disaster for any small creator that uses YouTube. A platform that controls the majority of the internet video distribution is incapable of reacting reasonably to a copyright claim issue until its large enough to actually threaten the solidity of that distribution.

Re: My video with 47M views was stolen on YouTube [video]

#23
I do admire just how perverse YouTube's solution for copyright law is. If they were accepting DMCA notices, they'd have the obligation to take note of counter-notices. If they were giving control of claimed videos to the claimants, then if someone filed a false claim against you, taking control of your video, you could then file a DMCA notice against the claimaint. But YouTube does neither of these things. Instead, they leave the video in your ostensible control, and just decide to give advertising revenue to someone who isn't you – which, as far as I can tell, doesn't mean that either YouTube or the claimant is technically infringing your copyright. It's brilliant bastardy.

Re: My video with 47M views was stolen on YouTube [video]

#24
post #16

Moderation is really the ultimate scalability problem. I have some level of sympathy for the predicament YouTube is in, but I really hope the system can be redesigned. I've never seen (keyword: seen) a press release or article about how an individual / group of DMCA abusers of this sort was arrested. Why can't this be taken more seriously as a form of fraud, and why can't these people be gone after? Sure, you can obf…

The easiest thing to do would require the claimant and defendant to produce proof of ownership. In this case, it really seems like the claimant's case would have been over as soon as the defendant produced his proof.

If there is conflicting claims of ownership that seems valid from both sides, then send to a 3rd party to decide. Whether that is arbitration or courts. Why should YouTube be responsible at all? During the term of dispute, the ability to earn money is suspended. If the defendant wins, then the claimant should be required to reimburse lost earnings. At this point, YT would have acted in a reasonable manner such that they should not have any liability in it.

How naive am I being for making it seem like a really simple thing to handle?

Re: My video with 47M views was stolen on YouTube [video]

#25

I do admire just how perverse YouTube's solution for copyright law is. If they were accepting DMCA notices, they'd have the obligation to take note of counter-notices. If they were giving control of claimed videos to the claimants, then if someone filed a false claim against you, taking control of your video, you could then file a DMCA notice against the claimaint. But YouTube does neither of these things. Instead, t…

Thanks for actually explaining this. The defenders of Youtube - I'm convinced a few on r/youtube are shills at this point - will say this is all necessary due to copyright law, Viacom lawsuit, etc etc. One day it will emerge the Google leadership is as crooked as it comes.

Re: My video with 47M views was stolen on YouTube [video]

#26
post #4
post #2

Seems like you should be able to leverage standard copyright law - per-violation 10-100k seems like the industry demanded fine...

Does YouTube have the necessary information to prosecute false claimants? They certainly are unwilling to pass such info on to content creators; I'm unsure what, if any, verification of identity is required to submit a claim.

I'm pretty sure that as part of the uploading process you agree to use YouTube process of arbitration in these matters, so the courts would likely tell you this a civil matter to be handled by YouTube.

With that said, nothing was stolen, a claim for the monetization reimbursement was made to YouTube, who is the sole source in deciding who the compensation goes to, decided to send that compensation to the party that made the claim.

Making a claim against an existing video is actually probably a lot safer than re-uploading and attempting to monetize.

From that perspective, what would be the grounds for a lawsuit?

Re: My video with 47M views was stolen on YouTube [video]

#29
I absolutely love the level-headedness and honesty of this person. If I were in his shoes, I can only imagine how furious I would be at YouTube.

I hope this system can be fixed... At least, we need a more balanced playing field. Making it so easy and yet having practically no consequences to abuse the system is absurd. But, what can really be done? This is the system that various industries have been pushing super hard to get. I think DMCA also doesn't do nearly enough to dissuade abuse. Can we try to fix DMCA, too? Where do we begin?

Re: My video with 47M views was stolen on YouTube [video]

#30
Just asking, but didn't the company falsely accusing him of copyright infringement slander him? The damage can be shown in the money he lost out on, but I mean I guess his reputation is also damaged with Google by the accusation. It was definitely a realistic accusation that someone might believe as Google evidently believed it.
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