How to dispute a DMCA strike on YouTube


#1

Originally published at: http://boingboing.net/2016/10/25/how-to-dispute-a-dmca-strike-o.html


#2

I think the “Has no negative effect on the market of the original work” wording leaves enough room for shenanigans by itself. Also if a video is criticizing or exposing some wrong doing it may inherently create a negative effect, but i don’t see how that would stop being fair use.


#3

Only when patently invalid DMCA complaints have a consequence for the complainer will DMCA strikes be honored.


#4

I’ve had videos which include snippets of music on them disputed…of which I removed all but a few. I’ve tried going the “Fair Use” route and YouTube just banned them anyway. I even had one video (showing online game play) which had a song which was claimed by a non-existent music company, which I proved to YouTube didn’t exist, and the video was banned anyway.

I even tried to help YouTube by reporting spam videos (over 250,000) which resulted in them banning 770 users…all within a month. I tried to join their Trusted Flagger program but was ignored. I’ve since stopped reporting spam videos (I’ve collected an additional 700,000 spam video links on YouTube).

Looks like the only videos I can post are completely silent ones from now on.

TQQdles™


#5

They do. It’s clearly laid out in the DMCA that false copyright claims and C&Ds are perjury.

As far as I know, nobody has been prosecuted for this yet. But there’s no shortage of legitimate cases that could be used to do so.


#6

iirc the system YT uses is not really DMCA but some kind of private arbitration outlined in the terms and conditions?


#7

Excluding Youtube, there’s thousands of cases of fraudulent C&Ds sent to private parties every year. The thing is, for the perjury to get brought up, you’d have to win in court against the fraudulent claim, not settle out of court, and basically be a test-case for this.

The Youtube channel TheBibleReloaded is currently suing a production group (the Christiano brothers) who try to keep censoring them on Youtube with fraudulent reporting. So Youtube’s arbitration isn’t bulletproof.


#8

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