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YouTube Is Guilty Of Criminal Racketeering, Grammy Winner Says (torrentfreak.com)
An anonymous reader cites a TorrentFreak report (edited and condensed): YouTube is guilty of criminal racketeering. That's the headline-grabbing claim of Grammy award winning musician Maria Schneider, who claims that the Google-owned site is abusing the Digital Millennium Copyright Act to siphon money away from musicians into its own pockets. Over the years, Google has transformed into the new bad guy and the pressure is mounting in a way never witnessed before. The U.S. Copyright Office's request for comments into the efficacy of the DMCA's safe harbor provisions has resulted in a wave of condemnation for both Google search and the company's YouTube platform, with everyone from the major record labels to the MPAA and back again attacking the technology giant. Grammy award-winning musician Maria Schneider really ups the ante by stating that YouTube is guilty of the same criminal acts that Megaupload is currently accused of. "YouTube is guilty of criminal racketeering," Schneider wrote in an open letter to the platform. "YouTube has thoroughly twisted, contorted, and abused the original meaning of the outdated DMCA 'safe harbor' to create a massive income redistribution scheme, where income is continually transferred from the pockets of musicians and creators of all types, and siphoned directly into their own pockets."Digital Music News has more information.
Why do things that matter have to affect you directly? That's another question to ask yourself. There are many things that are bad that don't affect you directly. The wildfire in Ft. McMurray for example, it doesn't affect you, yet it is vitally important to many people who's home are being destroyed and who's livelyhoods are being threatened. She feels it is important to her, and her industry. which actually includes many people besides just the artists, but the producers, the commercial jingle writers, anyone who has ever held a copyright.
Why is this important to anyone? Well, I actually don't think the letter has much merit, and that is important to me. YouTube has proven that they comply with takedown orders, they cannot control everything that is put up there, with ~300 Hours of content uploaded every minute, (2014 stats) that would require, let's do the math, 300 hrs x 60 x 24 = 432000 hrs uploaded per day, that would require 54000 8 hour shifts to go through all the content. 54000+ employees to monitor every video uploaded for copyright infringing content. Yeah, I don't think that's feasible. The use of digital fingerprinting leaves it open to false positives, and fair use violations, (It would cause an official release of Ice Ice baby to go down because it might match just enough to Queen's Under Pressure). How they're taking money from artists, is questionable, I suppose having to have a lawyer send the takedown notice. But usually the label does that, which they might charge back to the artist but that's not youtube's fault or responsibility, if anything that's racketeering on behalf of the labels not Youtube.
Did Youtube demand money from her in exchange for fire, theft, and kneecap insurance?
Yes, that's one of the main points of her open letter. Youtube has a system in place, Content ID, to stop piracy and it works quite well. The crux is that they only allow it's use to musicians who have agreed to license their content to them or at least that's assumed, as they don't publish any rules. Everybody else gets left in the dust and isn't allowed into Content ID and thus their content can be shared on Youtube without permission. Which according to her argument violates the requirements for "Safe Harbor" protection and makes Youtube guilty of mass copyright infringement, as that "Safe Harbor" law requires technical measures to be made available to everybody.
The funniest part is, if Google actually deleted all of the "infringing" content, Maria Schneider and the RIAA Mafia wouldn't be very happy about it.
Time for a history lesson:
In 2013, a number of German publishers successfully lobbied for the passage of a very restrictive copyright law, intended to limit the amount of publisher content that could be shown by third parties (e.g., search engines), so that publishers could collect licensing fees from Google and others.
After the passage of the law, Google decided to avoid potential liability by removing publisher content snippets from search results, in compliance with the law. As a result, German publishers said they lost significant traffic and asked for the return of their “snippets” without a demand for licensing fees.
Link? After RTFA, it seems she does not give a shit about people suffering that situation, and her proposals would make it worse (try contesting a DMCA claim when you have no idea who made the claim in the first place; have fun arguing your video is fair use when you can't even upload it thanks to fingerprinting; and do I really need to comment on how much of a cluserfuck take-down-and-stay-down would be?)
Not-actually-an-Edit: Reading part of the actual letter, you are full of shit. She explicitly complains about Youtube offering financial support to people who wish to contest false DMCA requests. The problem you bring up is a real problem, but this leech doesn't give a fig about it or the people it affects; this is just the childish footstamping of someone who doesn't understand how things work, and feels that somewhere, somehow, they're losing out on a buck.
No.
What she wants is for Google to, at THEIR cost, provide protection for HER content.
Remember, this is content that, due to copyright extension, will almost certainly NEVER enter the public domain which was originally part of
the social contract that was copyright. The government agreed to provide legal protections for works, in return for those works
entering the public domain after a reasonable time - a balanced agreement. That agreement has been continuously twisted by the copyright
owners, who see it as the job of everyone else to protect their works, and they should keep the money and the works for ever (in effect).
So no, she is just pushing the cart another inch forward, bending the social contract even further, and trying to claim that it is Googles job
to enforce HER copyrights - which it clearly is not.
If she wants her works protected on youtube its easy, employ someone to find content that is in violation, employ lawyers to write up the
required legal papers, and go for it. There is exactly nothing stopping her from doing this.
If she wants Google to do the work for her, then agree to Googles terms to provider her with this service.
What she is trying to do is the same as wanting a radio manufacturer to be legally responsible for checking that the local barbershop
isnt 'performing her works without a commercial license' because they turn that radio on, at the radio makers cost. ie: laughable.
This is just another attempt at copyright extension people, and the public, who are being shafted already (thank you Disney, etal), should be
rather angry at that. NO other industry has had such generous governmental and legal support for so long.
Or perhaps she would rather keep her works for herself, and we just revoke copyright, as she does not want to keep up her side of the contract?
I thought not..