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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]

#61

Post by CPLX »

jtbayly wrote: post #10
olliej wrote: post #6

Earlier quoted context omitted.

Why would it be YouTube’s job? Someone has claimed ownership and is now making profit on it - that (to me a non lawyer expect same behavior from the legal system ;) ) seems like it would be a standard copyright violation :D

If YouTube is unwilling to pass along the information, as the parent says, then who are you going to file suit against? You’ll have to sue an unknown person and get a court order to get YouTube to turn over the person’s name. That’s an expensive start to aprocess with an unknown end. Isn’t it even possible the person isn’t in the US? Then you’ve thrown away your money.

It’s really not that hard to do. People do sometimes overestimate how hard it is to do basic legal tasks.

Filing a simple John Doe summons in your home jurisdiction and then sending a subpoena to YouTube for the offending contact information is pretty trivial. You could probably find someone to do it for you for a thousand bucks or less.

Admittedly that’s not free but in a context like this with real money at stake it’s not a huge obstacle.

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

#62

Post by darkpuma »

icebraining wrote: post #49
darkpuma wrote: post #17

Earlier quoted context omitted.

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.

The difference being the software industry contains less compulsion. Nobody is compelled to interact with you or your peers. The very nature of the law renders all analogies you can think of inherently flawed. The closest analogy you could make would be to doctors in the hypothetical scenario where other people are allowed to hire doctors to injure you, requiring you to in turn hire your own doctor. Which is absurd but the reality of our legal system.

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

#63

Post by infinitesoup »

0xcde4c3db wrote: post #60
infinitesoup wrote: post #42

Earlier quoted context omitted.

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 coun…

> YouTube does accept DMCA claims, of course, as it's required by law. As far as I know, it's not required. Rather, if a provider doesn't do it, they can be found liable for contributory infringement when a user posts infringing content.

Yes, sorry, you're right -- they do it to keep the safe harbor protection (which is the only sane option when running a video sharing website).

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

#66

Post by mkl »

icebraining wrote: post #52
dylan604 wrote: post #24

Earlier quoted context omitted.

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…

Proof of ownership seems complicated to produce if you're a regular person uploading your own videos. What would you produce?

Raw takes including stuff that was edited out of the uploaded video seem like a simple way for many types of video.

I think the real problem is that evaluating such proof would need to be done by a human, and YouTube want a completely automated system.

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

#67

Post by j45 »

baylisscg wrote: post #45
j45 wrote: post #37

Earlier quoted context omitted.

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]

Interesting. If you don't care about ad revenue, there's certain options.

General question: if one did care about ad revenue.. are there some up to date resources to learn what current best practices are?

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

#68

Post by astonex »

fouc wrote: post #64

Does anyone think ramjets is going around doing this with multiple videos and making thousands of dollars as a result? Could be the new scam. I bet people out there are going to be doing this to make tons of money until youtube smartens up.

This is already happening a lot. So far Youtube hasnt changed anything

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

#69

Post by jjoonathan »

infinitesoup wrote: post #42
topynate wrote: post #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, 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 coun…

> if uploaders dispute the claim and appeal decision to uphold the claim, then the copyright holder is required to send a full DMCA

I have heard that the dispute process uses dark patterns to punish uploaders for actually using it -- e.g. you must select between reasons for your dispute, none of which is "the claimed material isn't actually present."

Is this true?

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

#70

Post by j-c-hewitt »

topynate wrote: post #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, t…

You can file a counterclaim, though.

https://support.google.com/youtube/answer/2807684?hl=en

If they don't have a registration, they can't file a lawsuit. So after 10 days, Google will reinstate.

He just went about it in the typical manner of people who act like the people who field these disputes aren't customer service representatives earning $0.50 per hour reading out automated scripts like literal NPCs with no freedom to act whatsoever.

There are a few things that can help to police this process:

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