The Fight for Fair Use in YouTube

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tepples
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Re: The Fight for Fair Use in YouTube

Post by tepples »

Why do people upload to Dailymotion or YouTube anyway instead of just encoding to MP4 or WebM and tossing it on their webspace? Case in point

Excuses for Dailymotion or YouTube:
  1. People find videos through the recommended videos column on sites like those, which shows only other videos on the same site.
  2. Not every Partner is cut out to sell his own preroll ads on his own site.
  3. The YouTube upload UI is a lot easier than running FFmpeg on your own machine. GNU MediaGoblin aims to replicate this, but videos can't be played on iThings because Apple is obstinate about not allowing playback of unpatented formats.
  4. Your own webspace is far cheaper than it used to be, but still not free.
JRoatch
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Re: The Fight for Fair Use in YouTube

Post by JRoatch »

tepples wrote:Your own webspace is far cheaper than it used to be, but still not free.
To that last point, I'm glad to pay the $5.00/year to provide my audience an experience free from the obese surveillance monster that is internet advertising.
Sik
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Re: The Fight for Fair Use in YouTube

Post by Sik »

snarfblam wrote: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.
The problem here is that ContentID is not DMCA notices (and yes, this has been argued in the past). This has been exploited since there's practically no penalty for abusing ContentID (even DMCA has some penalty for abuse).
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BioMechanical Dude
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Re: The Fight for Fair Use in YouTube

Post by BioMechanical Dude »

DRW wrote: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?
That's what we're trying to get YouTube to do. False claims should have a penalty. This would discourage companies from doing what they're doing right now. Up till now they could easily do that and even if is "mistaken", they have up to three weeks to send a response. In the meantime they can actually receive all the profits from the video, while the claim is active. Even if they can't get the video down they could still make money off of it. YouTube hasn't been doing anything about it because, let's be honest here, big companies bring in a lot of money. As long as Google is making money, it doesn't matter if there's fraud going on. Also, there is the fact that the Fair Use clause is not a law, but a court defense. So, YouTube doesn't really have to do anything about it. But people technically still have the right to it. Some companies have even tried to dictate what the law is. In one response to a YouTuber who asked why his video has been claimed, the company responded "If it's not filmed by you, it's illegal." That's some major bullshit right there. But we want to change that. I personally believe that Fair Use should become a law. That would tighten things up. All in all, the DMCA itself should be updated every now and then, so that the law would know how to deal with new forms of media like YouTube and not allow for shady practices. The current system is from 1998, before anyone could even imagine something like YouTube could exist on such a global scale.
JRoatch wrote:To that last point, I'm glad to pay the $5.00/year to provide my audience an experience free from the obese surveillance monster that is internet advertising.
Yeah, but it'll be much harder to advertise your content. The chances of people finding out about you are very slim, compared to that if you're on YouTube. I, for instance, have trouble reaching a wider audience even when I'm on YouTube, I can't imagine what it would be like if I was on my own website. :/
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