I actually like the chicken fights. At least they had to go to the effort to storyboard and animate it. Instead of just dropping in a youtube clip. Like what they did with Conway Twitty and the game glitch thing.
But also I’m biased because I dislike country music and crooning.
I prefer a bit of Game Theory here, as three strikes is a bit crude.
Adjust copyright so that every takedown must declare the value of the goods. If the company chooses to sue, then that value is the maximum they can get. (We end statutory damages, which is a nice side effect.)
Of course, of the DMCA is bogus, then you are liable for three times that value.
This effectively forces copyright owners to ascribe a fair value to their works, or bankrupt themselves. Imagine a small ecosystem of law firms that specialise in doing bogus DMCA claims… It’s in the hands of the copyright owners to remove that ecosystem entirely, but I bet they’ll be just greedy enough at first that it’d happen…
I think we just need to use the same kind of math the entertainment industry uses to set fines for infringement.
Let’s see, youtube has about a billion users and has paid out about $1 billion in royalties. So each user seems to be worth about a dollar. They took down a video with 115,000 views so they own the youtuber $115,000
Or we can go with the idea of fining them for each Fox viewer who watched that episode of Family Guy as potential lost youtube views.
Yes! Also the FBI needs to raid the offices and homes of everyone involved in making the episode, and confiscate all of their electronics. Then, months after everything is settled, return the items with files missing from them. Oh, and trigger the search with a subpoena which includes a paper copy of the video, one page per frame.
Youtube needs to comply with the law, but they have gone much too far. How about this, current system, but if you get your claims successfully disputed, youtube starts making it expensive or hard. As I understand it, DCMA works like this, right holder makes a claim, you get to counter, if you do so, that’s it as far as the hosting provider goes, right holder may sue you, but they cannot force it down via threatening the hosting provider.
That came out nicer than the “what corpses are in Seth MacFarlane’s (Fuzzy Door Productions Rights Backend’s) well rotting this week?” lemonade analogy, though I think Akamai-ing (er, global local cache and peering for cloud assets for) everything better is 3 hours’ (worth of F=2.4 images of a dinner plating) lost. Off to dine with the Gotos and Hommesidre-Airmfilles then.