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PostPosted: Fri Apr 01, 2016 6:40 am 
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Formerly AlienX
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As some of you may know, YouTube's Content ID system has been plaguing content creators for a while now. People try to review stuff or make transformative works, but various major companies have been automatically taking down videos, because they might have used even the tiniest amount of their work, even though it's used in a perfectly legal way. In other cases, companies have been shutting up critics, who have bad opinions about their product, completely crossing the line. So far, YouTube hasn't done anything about it and hasn't given the content creators a chance to fight false copyright claims back. But, there seems to be hope. We can now send a petition to the U.S. government to look into the issue and put a stop to all this bullshit! But we don't have much time left. ONLY 14 HOURS!

https://www.takedownabuse.org/#save-fair-use

I've been trying to spread the world about the Fair Use thing for a while now and I want as many people to understand what's going on and help us fight off corporate greed. So I ask you, if you care about your favorite reviewers, let's players or youtubers as a whole, to go to this site and send your comment (if you don't know what to write, they have already written one for you. You just have to send it). Hopefully, this will get as much attention as it needs.
For more information, check out this video by Doug Walker(The Nostalgia Critic).

NOTE: This is NOT an April Fools joke, this is real. Please, take action, while you still can.

Thanks!

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PostPosted: Fri Apr 01, 2016 2:55 pm 
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If don't know if that's my case, but... my Google AdSense account had been removed after my post of 2 gameplays from my PS4. Perhaps unrelated, no explicit subject in the e-mail, just "infringing the rules", I had to contact someone in the Google forums and my account was restored. Well, I deleted both my PS4 videos from my channel.


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PostPosted: Fri Apr 01, 2016 3:03 pm 
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Such assertion of copyright on the part of video game publishers supports my belief that proprietary video games are not suitable as esports.


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PostPosted: Fri Apr 01, 2016 3:50 pm 
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What I don't understand: Why not just trying to give the companies a taste of their own medicine?

If YouTube automatically blocks videos due to copyright claims without manually checking them first, wouldn't this also work the other way around? Going to every official company channel and flagging each and every video?

I'm legitimately curious since I don't have a YouTube account: What would happen then? And why has nobody ever done this?

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PostPosted: Fri Apr 01, 2016 4:08 pm 
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The companies behind the copyright probably have some sort of immunity from the system. How does it even work?


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PostPosted: Fri Apr 01, 2016 4:11 pm 
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The DMCA provides for penalties if you don't have reason to believe that the thing you are issuing a take-down against is something that you have copyright on.


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PostPosted: Fri Apr 01, 2016 4:13 pm 
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I'm not sure what "DMCA" means, but what I'm curious about is how it checks for copyrighted content.


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PostPosted: Fri Apr 01, 2016 4:16 pm 
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lidnariq wrote:
The DMCA provides for penalties if you don't have reason to believe that the thing you are issuing a take-down against is something that you have copyright on.

Does this mean your channel/account could get a penalty if the claim is unjustified? So what? You could still create an account just for flagging other videos.

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PostPosted: Fri Apr 01, 2016 4:22 pm 
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No, legal and fiscal penalties, not "having your account removed"


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PostPosted: Fri Apr 01, 2016 4:27 pm 
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So, what exactly do they do if someone goes to a random internet cafe, creates a YouTube account, and flags every video of the official Nintendo channel?

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PostPosted: Fri Apr 01, 2016 4:32 pm 
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They subpoena the Internet cafe's operator to see to whom access was sold during that time.


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PostPosted: Fri Apr 01, 2016 4:36 pm 
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And this is actually done in real life?
What if the account is from outside the USA?
And do you have to provide ID in every run-down internet cafe?
What if one uses a free computer in a university or something like that?

Also, why doesn't this work the other way around then: Why don't the companies suffer penalties who abuse the system in the first place?

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PostPosted: Fri Apr 01, 2016 4:41 pm 
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Because the penalty is only for fraudulent takedowns, not mistaken ones.


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PostPosted: Fri Apr 01, 2016 4:46 pm 
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Why is a company aggressively taking down videos that are obviously not theirs not interpreted as fraudulent?

And if they are so incompetent not to see that these companies abuse the system, wouldn't they be just as lazy when some random troll in an internet cafe just flags videos for fun, and not really do anything about it?

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Trailer: https://youtu.be/IYXpP59qSxA
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German Retro Gamer article: http://i67.tinypic.com/345o108.jpg


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PostPosted: Fri Apr 01, 2016 7:18 pm 
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This whole hypothetical is a bit contrived. Simply put, general users are not on equal footing with large content owners, which is why we can't just flip the situation around.

Generally, YouTube videos are flagged by their ContentID system, and copyright holders indiscriminately claim all videos matched without verifying the infringement. (In fact, I doubt there is any sort of mechanism in place to verify that the claimant even actually owns the rights to the original content that the match is predicated on in the first place.) In my limited experience, you could dispute the claim and then the copyright holder would, again without verifying, reject your "dispute". Your only remaining recourse is a DMCA counter notice, which is impractical for virtually everybody given the potential legal implications and consequences regarding your YouTube account. I stopped uploading to YouTube some time ago. I know the system has changed at least a little since then, and I've had claims released on a couple videos, but I think that's still more or less the gist of it.

Big companies have a mechanism they are free to abuse to automatically claim swaths of videos, and it seems they would rather "mistakenly" claim infringements than allow for any possibility of legit infringement going overlooked. This sort of system is created by website operators to comply with DMCA without investing an unreasonable amount of time, money, or liability. The problem is ultimately with the law which effectively forces websites to permit content owners to behave this way.

Personally, I think indiscriminately claiming everything they possibly can within the system provided by a website constitutes a sort of negligence that is the moral equivalent of fraud, but that doesn't mean the law would see it that way.


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