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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]

#41
post #4

Earlier quoted context omitted.

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.

A court could presumably subpeona that information?

Or youtube just add a clause that whoever lays claims to DMCA content has to agree to share their verified real name and phone number.

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

#42

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…

But YouTube does accept DMCA claims, of course, as it's required by law. Their Content ID system provides an automated way to detect potential infringement by large copyright holders and redirect ad revenue to them, but if uploaders dispute the claim and appeal decision to uphold the claim, then the copyright holder is required to send a full DMCA claim to take down the video, and the uploader can respond with a counter notice to put the video back up. Of course, the copyright holder can choose to jump ahead to filing a DMCA notice at any point, bypassing some or all of the Content ID process. I'm guessing that most wouldn't do that, though, because the DMCA process is not automated, has strict timelines built in, and only allows for takedown (whereas Content ID allows for videos to stay up but make ad revenue for them). Without Content ID system, I'm guessing we'd be back in the days where the big copyright holders would just spam DMCA notices and end up with a lot more videos taken down.

(Disclaimer: I used to work in the media business so I'm familiar with the process).

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

#43
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 t…

Sounds reasonable.

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

#44
post #3

It's great that YT did the right thing by giving him ownership back on their platform. The next thing would be to give him any money earned during the time it was wrongfully taken away and in dispute. That should not be dependent on having the asshats paying it back first. YT messed up, so they need to make it right all the way.

YT was forced to do so by his legal team. In no way did they do the right thing.

No way, this blew up and has been one of the biggest stories about youtube lately. There is no way this would end in any other way and I doubt legal needed to be involved more than how can they be safe from the false claim guys.

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

#45
post #37

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…

I wonder if DMCAing your own videos is still a viable strategy.

No but some people, who just want their video to stay up and don't care about the ad revenue, will purposefully add a snippets of content to trigger multiple copyright bots into filing competing claims. When this happens the video stays up until the claims are resolved and since there's no actual people involved and it's covered by fair use anyway they just time out eventually.

[edit: grammar]

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

#46
post #27

You could shorten #FixYoutubeCopyright to #FixCopyright... because it is probably the source of the problem....

We're talking about a specific problem with YouTube here. If you want to start your own initiative to get laws changed, go right ahead, but that's not what this video is about.

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

#48

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.

Doesn't slander only apply to public statements, rather than something privately told to another company?

It depends on the jurisdiction, but I believe in many countries and US states there is no such restriction, it just has to be false and harm the reputation.

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

#49

Earlier quoted context omitted.

Yeah after you pay for a lawyer to set all that up for you.

Lawyers and lawmakers (who are very often also the former) in their infinite wisdom have created a system in which they always win, even when the people the system ostensibly exists to serve do not.

As a developer, I also get paid even if the project gets written off later. Doesn't seem that unusual.

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

#50
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 t…

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