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YouTube Defending Select Videos Against DMCA Abuse
Galaga88 writes: It's not a complete solution, but YouTube is going to begin stepping up to defend select videos in court on fair use terms, including covering court costs. Will this help stem the tide of bad DMCA takedown requests, or just help the select few YouTube doesn't want to lose? From the blog post linked: We are offering legal support to a handful of videos that we believe represent clear fair uses which have been subject to DMCA takedowns. With approval of the video creators, we’ll keep the videos live on YouTube in the U.S., feature them in the YouTube Copyright Center as strong examples of fair use, and cover the cost of any copyright lawsuits brought against them. ... In addition to protecting the individual creator, this program could, over time, create a “demo reel” that will help the YouTube community and copyright owners alike better understand what fair use looks like online and develop best practices as a community.
Google and Youtube really does not care about fair use or the legal rights of their users. All they care about is advertising money. Now that there are some alternatives to Youtube, big channels are threatening to leave if the flood of false DCMA notifications does not stop.
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While I understand their desire to do this, we need a legal system that does it automatically.
Most privacy violations are clear. No one puts someone else's songs up there 'accidentally'.
If all DMCA cases, we should have loser pays rule. Right now, the poster can be required to pay huge damages, so why shouldn't the claimant be required to pay double the court costs.
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I see this as Google supporting its cash cows and leaving everyone else out to dry. I am not against Google playing favorites, but I question the move to defend some and not others doing the same thing in principle. Wrong is wrong, right is right Google. No gray areas.
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That is entirely of their own making.
They didn't need to create the ContentID system and allow it work the way it does. But they did.
By law they needed a way to respond to DMCA notices but they didn't need to automate it. And now those chickens have come home to roost.
All in all, Google stepping up to start sorting out this mess they made all by themselves is a good thing. I am hopeful they see it through by changing the way their system works and maybe taking out some of the automation that is one of the biggest problems with it. May they also push some sane legislation that will make it possible to do away with the worst abuses of the Notice system.
Unfortunately it really looks like Google is indeed just "defending" certain videos rather than take the 'bad faith' accuser for every penny they've got ('bad faith' is e.g. taking down a video that has a recording of birds singing).
When the copyright term is "forever minus a day", live every day like it's the last.
This isn't going to affect anything. DMCA abusers still have financial incentives to continue abusing (by automatically diverting ad money to themselves on claimed videos) and have no financial disincentives to stop doing this. If it gets to the rare point where Google does step in, they can just release the video in question while simultaneously continue abusing a thousand other videos.
From TFA:
While we can’t offer legal protection to every video creator—or even every video that has a strong fair use defense—we’ll continue to resist legally unsupported DMCA takedowns as part of our normal processes.
Call me back when they've made it their policy to protect every video that has a strong fair use defense.
I've already seen people backing up and dual broadcasting due to DMCA takedowns on youtube. Most are podcasts or game reviewers that are getting DMCA take downs, and after 3 your account is removed. Scary. I have no loyalty to youtube or twitter, or any other service that decides to swing the ban hammer on content producers for political reasons hiding behind a DMCA takedown.
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The videos in question are likely (coincidentally!) the ones Google makes the most ad revenue from. Not the content creators making revenue, but fucking Google. Whatever, Goog.
Why the heck do you think we bought that law? That's about us being able to dictate what can and cannot be shown and at what terms, get lost with your "fair use" bull! The DMCA was helluva expensive, you can't take that away like that, who do you think you are?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Dailymotion is French (no DMCA) and Vimeo is owned by the media industry itself, and they're not going to sue themselves. The DMCA is pretty draconian. For google to hang on to it's safe harbor protections they've pretty much got to drop the ban hammer. It's the way the law was written. Don't like it? Write a letter (by hand) to your congresscritter.
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"Will this help stem the tide of bad DMCA takedown requests"
No.
Just cruising through this digital world at 33 1/3 rpm...
Most privacy violations are clear. No one puts someone else's songs up there 'accidentally'.
WTF? That doesn't even make sense. MegaHAL, is that you?
The whole idea reminds me of the scene in Godfather, where a Hollywood mogul didn't tolerate an untalented actor nephew of Don Corleone, so the mafia hid a severed race-horse head into his bed to make him think again?
Likely the mafia (RICO) here is Google (YT), the nephews are the copyright violators and the Hollywood execs are, well the Hollywood execs. Fighting organized crime is the domain of FBI.
May I also mention that Google/YT seldom provides politicians with escort ladies and lads, thus Hollywood is more likely to win the legislative assembly's sympathy?
While I understand their desire to do this, we need a legal system that does it automatically.
Until people can choose among competing legal systems, for the best value, the monopoly systems will be for sale to the highest bidder (cf. history). Don't waste your time trying to fix the current monopoly system.
The DMCA is the best copyright system Disney could buy (rest in pieces, Fritz Hollings). Maybe Google can buy a little bit back. And yes, this sucks.
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Some of those "select" should be randomly chosen from all the ones that are fairly clearly fair use, and that randomly-choosing policy published. Then those issuing illegitimate take-down requests can never be confident they won't be targeted.
Does that mean they can keep up my videos that don't violate copyright without me having to do anything?
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