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Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

torrentfreak.com

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Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

#61

Post by sandworm101 »

protomyth wrote: post #53
dragonwriter wrote: post #49

Earlier quoted context omitted.

"Normal people" don't have any legal protection under the DMCA (at least, the takedown notice/counternotice provisions at issue here.) The DMCA processes (related to takedown notice/counternotice) are safe harbor provisions for information hosts; they don't provide anyone else any protection. All they do is allow hosts protection against liability they would otherwise have to content owners whose work is allegedly in…

Under the DMCA, I get to file an actual DMCA counter-notification to put my content back up, not some arbitration by a 3rd party. Its in the law and can be used by normal people to protect their works. An actual false DMCA claim has a financial penalty.

You had that right, up until the point you agreed youtube's TOS/EULA. And you are still free to bring a suit under the DMCA ... except you also agreed yourself out of that too.

Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

#62

Post by nomercy400 »

The currently implemented ContentID system isn't really at fault here. It is being effective in protecting Family Guy content appearing on Youtube. It looks at the reference video, analyzes it, and flags every video that matches the reference video by a certain percentage, and deals with it.

The real problem here is that FOX copied the exact contents of an existing 7-year old youtube video in their Family Guy episode (maybe the creators tried to give a tribute). The ContentID rules state that you should have exclusive rights to the content in a specific region, which they don't.

Thinking about this again, the ContentID system is also at fault here: it is blatantly ignoring the upload date for video's on youtube. I don't know how the ContentID system works, but you should at least give the date on which the copyright of the reference content (=Family Guy episode) starts. If FOX would try to upload the Family Guy episode, the ContentID system should give a warning that it uses already existing, older content. Now Youtube/Google, that can't be so hard to implement, now can it?

Also, Youtube should handle complaints from incorrect takedowns a bit better. Like keep a reputation on parties using the ContentID system. Say you start at 100. If you do incorrect takedowns, your reputation decreases. If you do correct takedowns, it rises (come up with some statistical efficient tool)_. If it falls below 50, you are excluded from the ContentID system for breaking the rules, or somebody could sue the party or something. Make it transparent (yearly report) to the public, so they can judge.

Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

#63

Post by arkem »

Klathmon wrote: post #60
paulgb wrote: post #55

Earlier quoted context omitted.

They do: http://googlepublicpolicy.blogspot.nl/2015/11/a-step-toward-...

I'm not trying to call you or them out or anything, i'm just curious... Are there any public examples of them doing this for someone? Because that is a really awesome thing to pledge, but without public actions backing it up it's an empty promise.

Here's an article with an example (a video game review by Jim Sterling that was DMCA'd by the game developer): http://www.polygon.com/2015/11/19/9761654/youtube-fair-use-p...

Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

#65

Post by mrgoldenbrown »

jonnathanson wrote: post #48
maxerickson wrote: post #22

Earlier quoted context omitted.

Content ID is not open to anyone though. https://support.google.com/youtube/answer/1311402 This particular video seems like a nice test case of the review system.

My charitable guess is that Content ID isn't available to everyone because of scaling issues with the vetting process for the database. While it's theoretically possible to open the floodgates to everyone, that would present a massive human resource challenge for Google. I have no idea how Google's vetting process works for those who meet the eligibility requirements...but I imagine it involves lawyers and background…

That is overly charitable. Google does not vet Content ID claims to be sure that the claimer is actually the copyright owner. Lots of smaller content producers get takedown notices when a bigger player steals content, reuploads it, and then issues Content ID takedown notices to the original creator.

Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

#66

Post by protomyth »

sandworm101 wrote: post #61
protomyth wrote: post #53

Earlier quoted context omitted.

Under the DMCA, I get to file an actual DMCA counter-notification to put my content back up, not some arbitration by a 3rd party. Its in the law and can be used by normal people to protect their works. An actual false DMCA claim has a financial penalty.

You had that right, up until the point you agreed youtube's TOS/EULA. And you are still free to bring a suit under the DMCA ... except you also agreed yourself out of that too.

Which is my point, the DMCA really has nothing to do with this, its all YouTube's TOS/EULA.

Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

#67

Post by xigency »

blazespin wrote: post #32

Maybe fox contacted NES and aquired the rights to double dribble and the clip.

Konami in this case owns copyright to the game, and ironically the original YouTube poster might have a (weak) case against the original aired Family Guy episode and Fox.

Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

#68

Post by ramy_d »

Wow, I never considered the combination of a large broadcasting company that produces original content using sampled material from the internet and then automatically sending ContentID takedowns for said sampled content. It's like a takedown feedback loop.

Re: Fox 'uses' a gameplay video from YouTube, and removes the original with DMCA

#70

Post by newjersey »

ascagnel_ wrote: post #24
maxerickson wrote: post #22

Earlier quoted context omitted.

Content ID is not open to anyone though. https://support.google.com/youtube/answer/1311402 This particular video seems like a nice test case of the review system.

I haven't seen this link before; it's a great reference. The issue comes from the second sentence of the second paragraph: > Therefore, applicants must have the exclusive rights to the material that is evaluated. YouTube does nothing to verify the exclusive rights, as far as I can tell.

> If accepted to use the Content ID tools, applicants will be required to complete an agreement explicitly stating that only content with exclusive rights can be used as references. Additionally, accepted applicants will need to provide the geographic locations of exclusive ownership, if not worldwide.

The big question here is what are the consequences of adding a reference that the applicant does not have exclusive rights to? Is it YouTube's discretion? What happens if Fox/Viacom/Sony/whoever decides to include a clip of public domain classical music in their reference? They don't have exclusive rights to that music, do they?

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