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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]

#91
post #87

YouTube's approach to takedowns is, simply put, appalling. I'm not just referring to the automated Content ID system, which has a vast catalog of false identification, but am talking about the manual, human confirmation of takedowns. My 'favourite' (in the sense of most egregious) example of what I am talking about is the case where YouTube's Content ID flagged the sound of birds in someone's garden as being copyrigh…

Similarly, a friend of mine recorded waves crashing at a sea and it got flagged by Content ID. Some music video (by Sony subsidiary) contained a small sample of waves crashing from a completely different sea. I told him to appeal and appeal he did and yes the claim was upheld. I told him to fight on because this first level upheld is what throws people off and what the Content ID abusers are hoping for. On the 2nd ap…

Wow! How did this story end?

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

#92

Earlier quoted context omitted.

That's not quite the same thing. For example, a work may be public domain, in which case it is not your original content, but nobody else owns the rights to it either.

Yes, and if there is official lawyerly language about certifying the truth of your choices, the distinction is important. Sounds like a dark pattern.

There's a different option for if the video is public domain or otherwise not copyrightable to handle this case. I assume that that "lawyerly language" is to dissuade users from abusing the process and choosing an option when it's not really true.

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

#93
post #55

Earlier quoted context omitted.

There are plenty of timestamping services out there, both blockchain-based and otherwise. If a video creator timestamps their video as soon as they create, and before they upload it, it could prove definitively these kinds of fraudulent claims. Also, these services are usually reasonably priced, and sometimes even free, so it would be reasonable to use even if you're making several videos a day.

> If a video creator timestamps their video as soon as they create, and before they upload it, it could prove definitively these kinds of fraudulent claims. The immediate issue I see here is timestamping other people’s videos who produced them in the past, or for a different service, or just plain old didn’t know they needed to timestamp their video to protect it.

If you're goal is only to prove that you invented something before some random patent troll did, then that issue doesn't matter so much.

At the least, it's very, very strong evidence for a trial. Along with also emailing your lawyer or notary public a copy of the timestamp as soon as you create it, these factors would be virtually unassailable in a court of law.

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

#94
post #77
post #57

Earlier quoted context omitted.

Register a hash of the (video + your name) on blockchain, that's the proof that you had it first. Just needs a nice UI, and, well, Google giving a damn about it.

How would that work with some third party uploading (and registering on the blockchain) something to youtube they ripped off another place?

Well, you just do it first? If you made the video, then you should register the hash before uploading it anywhere at all.

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

#95
post #79

Earlier quoted context omitted.

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 fr…

From your link: > The process may only be pursued in instances where the upload was removed or disabled ... It should not be pursued under any other circumstances. GP's whole point is that counterclaims don't work here, because the content hasn't been removed, just re-monetized.

I understand I just thought that he was saying no counterclaims are possible through Youtube's system. In this case it's kind of YT specific because someone else made a false claim to copyright ownership.

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

#96

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.

> "Just asking, but didn't the company falsely accusing him of copyright infringement slander him?" Probably, but who is he supposed to sue over it? It's far from clear who the 'company' is. He could sue John Doe and then get youtube to reveal what they know, but he may very likely discover that the 'company' is just some guy with hardly any assets in a country that doesn't give a shit about him or his plight.

I guess the right thing for Youtube to do is to simply suspend any payouts, but continue monetization until the dispute is resolved. Once that happens the rightful owner of the content should receive any pending payouts.

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

#97
post #21

Earlier quoted context omitted.

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.

Actually the DMCA requires large players to create some kind of automated system to prevent infringement.

Thus subverting the penalty of perjury of the DMCA

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

#98

Earlier quoted context omitted.

Yes, and if there is official lawyerly language about certifying the truth of your choices, the distinction is important. Sounds like a dark pattern.

There's a different option for if the video is public domain or otherwise not copyrightable to handle this case. I assume that that "lawyerly language" is to dissuade users from abusing the process and choosing an option when it's not really true.

Why would the care tho? Its between YT uploader and alleged IP owner.

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

#99
post #93

Earlier quoted context omitted.

> If a video creator timestamps their video as soon as they create, and before they upload it, it could prove definitively these kinds of fraudulent claims. The immediate issue I see here is timestamping other people’s videos who produced them in the past, or for a different service, or just plain old didn’t know they needed to timestamp their video to protect it.

If you're goal is only to prove that you invented something before some random patent troll did, then that issue doesn't matter so much. At the least, it's very, very strong evidence for a trial. Along with also emailing your lawyer or notary public a copy of the timestamp as soon as you create it, these factors would be virtually unassailable in a court of law.

What’s stopping me timestamping a tonne of other people’s content before they do, and then claiming that they stole it from me?

Then we’re literally back where we started - proving ownership by other means.

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

#100

Earlier quoted context omitted.

Actually the DMCA requires large players to create some kind of automated system to prevent infringement.

Thus subverting the penalty of perjury of the DMCA

YouTube has the automated service. The rights holders are not filing claims. There is no perjury.

It’s all about balance. What’s the point of having a takedown procedure if uploading a thousand copies is easier than taking down one?

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