[HN Gopher] U.S. indicts two men for running a $20M YouTube cont...
       ___________________________________________________________________
        
       U.S. indicts two men for running a $20M YouTube content ID scam
        
       Author : ivank
       Score  : 295 points
       Date   : 2021-12-03 12:42 UTC (10 hours ago)
        
 (HTM) web link (torrentfreak.com)
 (TXT) w3m dump (torrentfreak.com)
        
       | 1cvmask wrote:
       | I am happy that this story made it to the main page. I submitted
       | it earlier here:
       | 
       | https://news.ycombinator.com/item?id=29427272
       | 
       | My main concern is when you try to automate all the human
       | intelligence is eliminated and can lead to both identity theft
       | and money based fraud. Then you the innocent have to prove
       | yourself against the fraudsters. Easy when you have a big
       | megaphone on say Twitter but very hard for the individual.
       | 
       | How many times have we seen automated troublesome issues resolved
       | here on HN when someone from the company is luckily reading a
       | post of a victim.
        
         | LanceH wrote:
         | > Then you the innocent have to prove yourself against the
         | fraudsters.
         | 
         | All too often you are referred to the fraudsters to resolve the
         | problem.
        
       | throwaway47292 wrote:
       | Can't we make illegal to not be able to contact human support?
       | 
       | It would put a hard cap on growth as well, not sure if this is
       | horrible. maybe instead of having one giant youtube or facebook
       | we will have thousands, maybe millions, of small ones.
       | 
       | Or is this just the luddite in me talking?
        
         | amelius wrote:
         | How would you ever discover content worth watching?
        
           | fer wrote:
           | Introducing: Hypertext
           | 
           | Joking aside, it's not like automatic content suggestions are
           | perfect, they tend to lock you into whatever you consumed
           | lately, ultimately causing things like Elsagate[0]
           | 
           | For music or films I rarely use recommendations any more and
           | go back to the old school thing of reading reviews from
           | people who know the material and can compare and draw non
           | obvious parallels with other artists and works.
           | 
           | [0]https://en.wikipedia.org/wiki/Elsagate
        
           | moron4hire wrote:
           | How did we ever discover content worth watching?
        
         | ok_dad wrote:
         | In California, if a landlord improperly withholds someone's
         | deposit after moving out, they can be sued for 3x the original
         | amount. Perhaps there should be a time frame that is applied to
         | fixing issues for improperly attributed claims like these in
         | the article and require the company to pay back 3x what was
         | lost due to the improper claim. For example, say you put up an
         | original work, or one you have the rights to, and YouTube takes
         | it down due to a faulty or fraudulent content ID, then they or
         | the claimant (who will be one of the 3rd party entities that
         | attest to having ownership or license to the work) will have to
         | pay that user 3x the revenue lost from the instant the blocking
         | was placed.
        
         | degenerate wrote:
         | I got my eBay account "permanently suspended" the other day. I
         | was traveling for Thanksgiving and they had a $10 off $10 promo
         | if you login to the app for the first time. I used the app from
         | the Airport wifi to purchase two books for my friend I was
         | visiting. Upon landing, I had received an email about my
         | "permanent suspension" and if I had any questions, to contact
         | eBay support.
         | 
         | I thought, OK, I tripped up their IP security rules. I'll just
         | call them and get it sorted out. Except... you can't call eBay
         | anymore. Their phone lines are a recording that tell you to
         | login first. When I login, all the support options for my now
         | suspended account are missing. There's no messaging, phone,
         | text, chat, or email options provided to me. Only an endless
         | loop of support articles.
         | 
         | Cross-checking this against my friend's account, he has all the
         | options available and I do not. So in essence, they've shut me
         | out from all communication and I can't ever get this account
         | recovered. Many big companies moved to this communication model
         | during covid, and it's extremely disheartening when something
         | goes very wrong like this. If this is the new normal, we need
         | to make it illegal.
        
           | jrowley wrote:
           | Have you considered sending them a pig fetus? Maybe they
           | would respond?
           | 
           | For those who don't get the joke:
           | 
           | https://www.cnbc.com/2020/06/15/ex-ebay-employees-sent-
           | blood...
        
           | sidewndr46 wrote:
           | I got my EA account permanently suspended. Not just
           | permanently suspended, but 3 times in the same day. Without
           | even having EA's launcher installed. Or having my computer
           | turned on.
        
             | degenerate wrote:
             | Likely someone stole the account, then tried purchasing
             | multiple games with stolen CCs. At least EA support can be
             | contacted without logging in! You may have the ability to
             | get this reversed.
        
               | sidewndr46 wrote:
               | That's an idea but I couldn't find any indication that
               | anyone else logged into it at all. Also it specifically
               | said I banned for playing Apex Legends, which is a free
               | game.
               | 
               | I'm just really impressed they banned the same account 3
               | times in a day. That implies that I somehow circumvented
               | the ban twice, without even knowing about the first two
               | times.
        
           | kingcharles wrote:
           | As a 25 year eBay user it's sad to see how shitty it has
           | become.
        
         | me_me_me wrote:
         | Welcome to YT human support, you are #1865272937 in the queue.
         | Please be patient.
        
           | gambiting wrote:
           | Tbf YT has human customer support, and it's very easy and
           | quick to reach them. I've had to do it several times due to
           | issues with my payment for YT Premium, and the experience was
           | pretty good every time. But yeah, I'm also sure they won't
           | help you with anything other than payment problems.
        
         | toolz wrote:
         | I would suggest unenforceable laws are not only ineffective but
         | have a net negative consequence on society.
         | 
         | Maybe this is enforceable, but I'm certainly nowhere near
         | clever enough to imagine how it could be enforced and given the
         | state of things like drug and human trafficking I'm not
         | convinced a politician will be clever enough either.
        
           | Nextgrid wrote:
           | It's simple if you actually want to do it in good faith and
           | not try to find every possible excuse not to do it: any
           | citizen encountering issue and being unable to reach human
           | support can make a complaint to a government agency who will
           | attempt to reach human support using reasonable means that
           | the citizen would've done (and documenting the process as
           | evidence). If _they_ can 't get through it the company is
           | sued for a certain amount of money proportional to its
           | revenue as a deterrent.
        
       | acd10j wrote:
       | This lawsuit should also have Youtube as party. They should be
       | massively fined not preventing this kind of scams, although any
       | sane individual can spot this from distance.
        
         | myself248 wrote:
         | Bingo. The chance that NONE of the affected creators tried to
         | appeal this for FOUR YEARS is effectively zero.
         | 
         | YouTube's negligence rises to a new level here. They should be
         | culpable as well.
        
       | eatonphil wrote:
       | This article has some more detail on some of the artists and
       | songs they stole royalty from.
       | 
       | https://www.marketwatch.com/story/two-charged-with-stealing-...
        
       | OneTimePetes wrote:
       | Another symptom of a monopol.
       | 
       | If peertube or the likes was a full blown alternative, people
       | would just quit youtube over this, putting the squeeze on google
       | to clean up its act.
        
         | acdha wrote:
         | It's not that simple: YouTube has a huge natural lock-in
         | because videos use lots of bandwidth and Google's advertisers
         | are willing to pay for that.
         | 
         | Peer to peer systems struggle to offer a competitive a
         | competitive experience because few people are able/willing to
         | volunteer significant bandwidth or take on the personal
         | liability for serving content which is copyrighted or otherwise
         | illegal. They'll work okay for a hugely popular video but fall
         | off the cliff for the long-tail of niche interests and there
         | aren't enough people who care about it enough to make "YouTube
         | but slower and less reliable" work in general.
        
           | coldacid wrote:
           | Yeah. Essentially, YouTube is all but a natural monopoly
           | given today's legal and technical environment. Unfortunately,
           | it doesn't get the oversight that natural monopolies are
           | supposed to have to prevent abuses like these.
        
             | acdha wrote:
             | That's my take as well: regulation and liability for errors
             | are the most realistic way to fix this. Even if ISPs were
             | required to offer symmetric bandwidth I don't see anywhere
             | near enough people even being interested in serving other
             | people's content to make P2P work, which makes me feel old
             | for remembering how cool the BitTorrent launch seemed
             | before I understood the social aspects of the problem.
        
       | fibbberMEN wrote:
       | There was a community project like this years ago where they
       | submitted tens of thousands of 10 second clips and random beats
       | they made just to get back at all the record companies claiming
       | they own 10 second sound samples. I guess it's unsurprising the
       | lawsuit goes after the small guys and not the big companies that
       | have been doing it forever.
        
       | imglorp wrote:
       | Maybe worthy of its own post but there's another kind of overt
       | scammer on Youtube. It goes like this:
       | 
       | They find some technically hip, well known content and create a
       | new channel with a very similar name as the originator. Create an
       | exciting full screen ad for a crypto currency faucet scam, with
       | price charts and crawls. "Live" stream the original content inset
       | into the ad.
       | 
       | Here's one example:
       | https://cryptoplayboys.blogspot.com/2021/11/spacex-scam-live...
       | 
       | Even if you report these things, they don't get removed very
       | quickly. They're getting tons of views so why would YT care? The
       | original content holder would care about being associated with
       | them and should sue for defamation though.
        
         | donmcronald wrote:
         | That's clever, but won't most of the live stream viewers still
         | be viewing on a legitimate platform? I'm guessing that framed
         | stream doesn't actually have too many viewers.
        
           | ricardo81 wrote:
           | I think in these cases, this kind of setup can be largely
           | automated since there isn't really any unique/quality content
           | that'd take a person time to create - and getting smaller
           | view counts over many channels perhaps mitigates the risk of
           | having the channel removed
           | 
           | I've seen similar with sport highlights searches, screenshots
           | and automated commentary scraped from a news source. They
           | don't get many views but there's hundreds of them,
           | particularly for sport behind paywalls. No one wants to see
           | them but they turn up in searches at the right time.
           | 
           | Must be demotivating for content creators to be continually
           | dealing with this kind of thing.
        
         | avian wrote:
         | Publish literally anything textual on the web and a moment
         | later you'll find a dozen websites copying your content, raking
         | in ad money, identity protected by Cloudflare and conveniently
         | ranking high on Google.
         | 
         | Complain and people will all be "Freedom of speech! Go get a
         | court order, it's not Google's or Cloudflare's place to censor
         | content and/or decide what's copyright infrigement.".
         | 
         | Why is the YouTube drama any different from that? Is it because
         | the creators are well known and have a platform and a following
         | they can complain to?
        
           | xwolfi wrote:
           | The weird thing is who pays for all these ads and who take
           | compulsive buy decision based on them ?
           | 
           | If we could someone boycott every company we see in these ads
           | maybe they d stop?
           | 
           | I really dont think we should pay royalties in excess of cost
           | of production + margin for future investment, and that
           | copyright is an abuse itself after a few years of existence
           | (hell I dont get paid a share of every revenue my work is
           | contributing to and Im fine, I just create every day and if I
           | dont like it Ill cut hair or clean dishes)
        
         | dpifke wrote:
         | I find it incredible that if I search for [spacex] on YouTube
         | during a launch, the official livestream doesn't appear in the
         | first 20 results. Instead, it's all scams like what you
         | described.
         | 
         | I wonder at what point Google's competence at search dropped to
         | the point that they can't return the channel named "SpaceX" in
         | response to my query.
        
           | Const-me wrote:
           | I think their competence is fine, and the service works
           | exactly as designed. The main problem is, Google is both
           | publisher, search indexer, and advertisement network. Worse,
           | it's a near monopoly on all 3 of these markets.
           | 
           | When you search for SpaceX, Google has a choice.
           | 
           | They can optimize for search quality by taking you to their
           | official channel which has no ads. Doing that only causes
           | them expenses. Bandwidth and compute are very cheap at their
           | scale, but not free.
           | 
           | Or they can take you to these heavily monetized third-parties
           | with the same content. Because these copy-cats are monetized
           | through the same google, google is taking a non-trivial cut
           | from every advertisement dollar spent while people watching
           | these videos.
        
           | Guest19023892 wrote:
           | During the Pixel 6 event last month I searched on YouTube for
           | the live stream that would be starting in a few minutes and
           | clicked the first result. The result had a Pixel 6 thumbnail,
           | the live icon, Google in the channel name, the Google logo as
           | the avatar, and around 30k viewers. I was a bit surprised
           | someone was already talking on the stage and thought I tuned
           | in late.
           | 
           | Well, after watching for 5 or 10 minutes, they kept talking
           | about Pixel 5s, and then I realized it was a fake account
           | streaming the event from the previous year.
           | 
           | I went back to YouTube search and tried a variety of queries
           | for fun, such as "pixel 6 event", "pixel live", "pixel 6
           | stream", "pixel phone", and they all featured this fake
           | stream as the first result. It continued to grow and was over
           | 50k viewers. Further down the list was another stream with
           | the same thumbnail, same avatar, and a similar channel name,
           | and that happened to be the real one. It had around 120k
           | viewers, so not much better than the fake channel.
           | 
           | After about 30 minutes or half way through the event, the
           | fake stream was finally removed from the results.
        
         | kuu wrote:
         | That could be some "name squatting" / "cyber squatting":
         | https://en.wikipedia.org/wiki/Cybersquatting
        
           | imglorp wrote:
           | Yes, it's a combination of name squatting, defamation,
           | copyright, AND faucet scam. (bingo?)
           | 
           | YT should act on any one of these but they don't.
        
         | tjpnz wrote:
         | >They find some technically hip, well known content and create
         | a new channel with a very similar name as the originator.
         | Create an exciting full screen ad for a crypto currency faucet
         | scam, with price charts and crawls. "Live" stream the original
         | content inset into the ad.
         | 
         | There's guaranteed to be several running after every Falcon
         | 9/Starship launch, sometimes they'll attract almost as many
         | viewers as the real livestream - very likely to be bots. What's
         | even worse is that YouTube are recommending these, and with the
         | removal of dislike counts it becomes even harder for the
         | layperson to know if what they're watching is legitimate.
         | 
         | With the exception of copyrighted content it seems like YouTube
         | find it acceptable to offer criminals a multiple hour head
         | start on their mods, allowing them to stream any damn thing
         | they like.
        
           | Nextgrid wrote:
           | Those criminals and their potential victims (plus potential
           | bots) "engage" with the platform. Until Google becomes liable
           | for facilitating those scams, Google loses nothing and
           | actually benefits from those scammers being there as they
           | contribute to various engagement metrics. The same is true
           | for any other engagement-driven company.
        
             | paulpauper wrote:
             | I am sure google would remove terrorism or child
             | exploitation videos real fast, because they are compelled
             | by law to do so. scam videos?..not so much.
        
         | dfxm12 wrote:
         | _They 're getting tons of views so why would YT care?_
         | 
         | You don't want your brand to be synonymous with scams. When
         | that happens, you won't get any money from views - if people
         | "know" the videos are scams, they won't watch. They'll assume
         | all videos are scams and won't watch any original content. I'm
         | sure the folks at Google can figure out at what point they need
         | to take action. What amount of bad PR, percentage of views on
         | scam content, percentage of content that is just scams, etc.
         | 
         | ...Or maybe they aren't taking the long view on this.
        
         | hamiltonians wrote:
         | these YouTube crypto scammers make so much money. About $30-50
         | million/month
         | 
         | https://scaminvestigations.substack.com/p/crypto-giveaway-sc...
         | 
         | to put it another way, that is about 2-3x times the revenue of
         | the $20-million dollar YouTube copyright scam but compressed
         | into just a few weeks to a month instead of 5 years.
        
           | alx__ wrote:
           | I don't understand how so many people are willingly sending
           | bitcoin. I could see a few folks that don't get how scams
           | work. But millions daily?
        
       | rmu09 wrote:
       | I'm not a US citizen and not a lawyer either, but shouldn't it be
       | possible (for a US american copyright holder) to sue youtube
       | and/or those that claim the copyright in small claims court?
       | AFAIK you would not need a lawyer and at the same time create a
       | very big hassle for the companies involved.
        
       | eloff wrote:
       | This kind of scam is enabled by the way Youtube, Facebook, and
       | others offer no way to contact an actual human for help (or if
       | you find a way, you get a useless canned response.) People who
       | realize something is wrong have no forum to air their concerns.
        
         | INTPenis wrote:
         | I know it's awful and true, BUT, can you blame them?
         | 
         | Think about the infrastructure required to allow direct human
         | contact for someone like Google, Youtube or Facebook.
         | 
         | Just a regular ISP in my country of Sweden needs an entire call
         | centre to handle the calls it gets from customers.
         | 
         | Now scale that up to the levels of Google.
         | 
         | I can totally see why they've made the decision to avoid
         | consumer contact. Their consumers are the entire internet.
         | 
         | I know this is controversial but one solution would be to break
         | their monopoly up so that smaller companies could handle
         | consumer contact.
        
           | JKCalhoun wrote:
           | I think it only seems like it would be crazy because we've
           | allowed companies to get away with not doing it.
           | 
           | Go back, pre-internet, and Bell Telephone surely had a
           | sophisticated and expensive tech-support, customer-support
           | department. They managed.
           | 
           | I think we've just come to begrudgingly accept that
           | outsourcing, automating everything is okay. It's okay now to
           | let the customer find your support phone number, navigate
           | your phone tree, spend 30 minutes or more in a phone queue
           | for, in the end, no real help.
           | 
           | Doesn't mean we have to excuse it.
        
             | creato wrote:
             | > Go back, pre-internet, and Bell Telephone surely had a
             | sophisticated and expensive tech-support, customer-support
             | department. They managed.
             | 
             | Those services were a lot more expensive to their users as
             | well. If everyone paid $xx/mo to YouTube I'm sure the
             | customer support would be a lot better. But then most
             | people wouldn't be users in the first place.
        
           | ClumsyPilot wrote:
           | "Think about the infrastructure required to allow direct
           | human contact for someone like Google, Youtube or Facebook."
           | 
           | So they have an unfair advantage over competition by avoiding
           | the cost of customer support? Am I meant to feel sorry for
           | them?
        
           | intricatedetail wrote:
           | It shouldn't be an excuse. The system is not fit for purpose.
        
           | LudwigNagasena wrote:
           | If even a regular ISP can afford a call center so can Google
           | with its economies of scale.
        
           | BohdanAnderson wrote:
           | I think an ISP is a bad example. The relationship between the
           | user (content creators) and Youtube very different than that
           | of a consumer.
        
           | jimhefferon wrote:
           | So, this business does things that take away people's rights,
           | but it is OK because otherwise their cost of business would
           | be too high?
        
             | djbusby wrote:
             | Exactly! Won't someone please think of the helpless
             | capitalist!!
        
           | notyourday wrote:
           | > I know it's awful and true, BUT, can you blame them?
           | 
           | Yes, I can.
           | 
           | Youtube knowingly traffics and sells stolen goods and
           | services. Youtube's officers and directors know it. The key
           | words there is knowingly. Arrest Youtube CEO as a head of a
           | criminal enterprise. Bust her door pre-dawn and drag her out
           | into the slammer. There's zero difference in how we should
           | deal with Incs be that Mafia, Inc. or Youtube, Inc.
           | 
           | The mere prospect of that will quickly solve all the
           | technical problems. It is all about motivation. Youtube's
           | executives currently are not motivated to solve the problem.
           | The government needs to provide the motivation.
        
           | Neil44 wrote:
           | Just because it's hard doesn't mean they should get away with
           | not doing it. Google 2020 revenues were 181 Billion, you can
           | build a VERY big call centre with that.
        
           | Orionos wrote:
           | I'm failing to understand your logic. Google could put a call
           | center in every country to handle local user's requests
           | could'nt they ?
           | 
           | Your ISP can afford to do so...
           | 
           | But yes, as they have a monopoly, they can afford not putting
           | any call center anywhere.
        
             | ratww wrote:
             | Yep. And it doesn't even have to be a call center, manual
             | verification would be enough.
        
             | [deleted]
        
           | colinmhayes wrote:
           | Google makes billions of dollars. They can easily afford to
           | hire tens of thousands of call center employees.
        
           | CamelCaseName wrote:
           | The underlying assumption with all these criticisms is that
           | human contact would be better. But is this really true?
           | 
           | Humans can be bribed, manipulated, or lied to. This
           | introduces a whole set of new problems. It just turns
           | "YouTube algo removed my channel because I got report bombed"
           | to "A YouTube employees removed my channel after they were
           | social engineered".
        
             | JKCalhoun wrote:
             | Contact with a knowledgeable human is better than no
             | contact is I think what people are arguing, yes.
        
           | adrr wrote:
           | At scale you have more options. You can subcontract out your
           | call center like all the big companies. These companies use
           | these subcontracted callcenters like
           | https://www.helpware.com/. They don't want to spend the
           | money.
        
           | fault1 wrote:
           | They can always contract it out, and in some cases they do.
           | For example Meta has (used to have?) large deals with
           | Accenture to handle a lot of the interaction internationally.
        
           | dredmorbius wrote:
           | Understanding and respecting that (I made a similar case
           | within the past day:
           | https://news.ycombinator.com/item?id=29421420), there's still
           | the rejoinder:
           | 
           | If you can't provide a service safely, equitably, and
           | predictably at a given scale, maybe the answer is "don't do
           | that".
        
           | tyingq wrote:
           | They all have the ability to control that funnel though. In
           | this case, they could allow channel owners that have been
           | demonetized to open a ticket. Or allow artist representatives
           | that already have "special" YouTube accounts to complain,
           | etc.
        
           | bottled_poe wrote:
           | I hope you are being sarcastic. These companies were
           | fortunate to be ahead of the curve in automating content
           | delivery but, despite their best efforts, have failed in
           | automating service delivery. Human connection should be
           | mandatory in running a modern business. If you want to deal
           | with humans, you should be required to reciprocate.
        
           | Arrath wrote:
           | > I know this is controversial but one solution would be to
           | break their monopoly up so that smaller companies could
           | handle consumer contact.
           | 
           | I think I lean in this direction, too. Customer service
           | should go hand-in-hand with having customers in the first
           | place. If you have grown so outrageously large that you have
           | no feasible way to plumbing some of your astronomical profits
           | to servicing those who facilitate your profits, then maybe
           | you have grown too big.
        
           | exabrial wrote:
           | They could absolutely do it and they have more than enough
           | money to do it. They just don't want to because it'd cut into
           | profits.
        
         | paulpauper wrote:
         | Also, relying on algos to detect spam instead of using humans,
         | means that scammers are able to run their scams much longer.
        
         | travoc wrote:
         | Is there a word for this new world where we find ourselves
         | without the ability to appeal our problems to human
         | rationality, where instead we are continually subjected to the
         | whims of automated systems that no human fully understands?
        
           | loceng wrote:
           | Criminal [for the parties facilitating it by allowing it],
           | comes to mind as a naming option.
        
           | quercusa wrote:
           | Harlan Ellison described it in _I Have No Mouth, and I Must
           | Scream_.
        
           | routerl wrote:
           | Kafkaesque.
           | 
           | Maybe cyber-kafkaesque, but that feels redundant, since the
           | only difference is that it is being done by computers, rather
           | than thoughtless people.
        
             | nullc wrote:
             | computational-Kafkarcy -- the difference is in the scale
             | and efficiency. Millions of people can be abused at once at
             | practically no cost.
        
           | Taylor_OD wrote:
           | "new" haha. Check out the trial by franz kafka
        
           | kansface wrote:
           | Check out The Trial or The Castle for examples of old world
           | systems that existed outside of the grace of human
           | rationality, indifferent to justice and human suffering
           | alike.
        
           | rchaud wrote:
           | How about:
           | 
           | "You get what you pay for"
        
             | hindsightbias wrote:
             | It's interesting how people expect all sorts of protections
             | for services they pay nothing to.
             | 
             | Get a record label or agent if you want or need
             | "protection"
        
           | goblin89 wrote:
           | The situation with almost-no-appeal big tech platforms
           | reminds me of an article titled "the human-built world is not
           | build for humans"[0].
           | 
           | Related phenomenons keep coming up (cities for cars,
           | ecosystems of tokens and identities dependent on remembering
           | secret passkeys, and so on). Desires to profit and to not
           | have to trust each other keeps motivating humans' attempts to
           | devise environments that are hostile to humans themselves.
           | 
           | [0] https://theconvivialsociety.substack.com/p/the-human-
           | built-w...
        
           | me_me_me wrote:
           | Its the same when trying to get mortgage when you are not on
           | fixed salary income.
           | 
           | "Computer says no", "But on average over last 5 years I make
           | 5x what you need me to earn", "Sorry, but computer says no"
        
             | boringg wrote:
             | Oh yah the mortgage thing is hilarious in that you would
             | think banks were smarter than they are (spoiler alert: they
             | arent). Really demoralizing to see how mechanic a bank is,
             | also means that you can understand how risk accrues
             | secretly in a bank due to them being so mechanical.
        
           | soperj wrote:
           | Is this really new? This is pretty much exactly what Kafka
           | writes.
        
             | travoc wrote:
             | It's new in the sense that it suddenly afflicts my family
             | on an almost daily basis.
        
           | tlb wrote:
           | It's a strong assumption that humans are more rational than
           | machines. Certainly typical customer service reps get
           | bamboozled frequently, such as with SIM-swap scams. Even
           | supposedly highly rational professionals like judges are
           | often wrong. You might find that overall, human failures are
           | worse than code-as-policy failures.
        
             | gpderetta wrote:
             | Well, the amount of damage an incompetent human can deal is
             | much more limited than an incompetent but very efficient
             | machine.
        
             | routerl wrote:
             | Machines aren't rational at all. That is, they do not
             | respond to reasons.
             | 
             | Machine behaviour is only ever _caused_ (i.e. syntactic),
             | not reasoned.
             | 
             | When a human follows a rule, for example as part of a
             | bureaucracy, then our behaviour is merely caused. But we
             | can also be given reasons to _not_ follow the given rule.
             | 
             | This is precisely why "I was just following orders" is not
             | a valid defence; even soldiers are expected to use their
             | reasoning to disobey illegal orders.
        
           | sharperguy wrote:
           | Customer service
        
           | derekjdanserl wrote:
           | Capitalism
        
             | dd36 wrote:
             | Unregulated.
        
               | Jach wrote:
               | Ah yes, the free market system known as copyright.
        
             | conanbatt wrote:
             | I don't think the URSS had a Customer XP department. Or the
             | government in general for that matter.
        
             | acta_non_verba wrote:
             | I don't know how helpful a deliberate misunderstanding of
             | the current economic model is to this conversation.
             | 
             | Capitalism doesn't forbid sensible regulation, it just
             | hasn't happened as politicians don't really understand the
             | space.
             | 
             | China, which runs a completely different economic system
             | has similar issues.
        
               | JackFr wrote:
               | Capitalism means different things to different people and
               | in different contexts.
               | 
               | Separation of ownership from management. Tradeable claims
               | on the firm. Legal personhood of the firm. Private
               | property. Free trade between countries. Market determined
               | prices.
               | 
               | But it's lazy and wrong to use it as a synonym for greed.
               | Despite Gordon Gecko, greed is not good. Just seeing
               | something we consider bad and saying "Capitalism" is a
               | pose and not an argument.
        
               | jklinger410 wrote:
               | Capitalism is anti regulation by nature.
        
               | themaninthedark wrote:
               | Human nature is anti-regulation by nature.
               | 
               | Communism: https://en.wikipedia.org/wiki/Lake_Karachay
               | 
               | Totalitarianism: There were several regulatory oversight
               | failures in Germany during their stint with Fascism
        
               | jklinger410 wrote:
               | That's crazy considering how much more regulation humans
               | have had than any other observable creature.
        
               | pydry wrote:
               | >Capitalism doesn't forbid sensible regulation
               | 
               | It doesnt forbid but it strongly inhibits. A system under
               | which you are able to acquire vast resources then creates
               | the ability to use those vast resources to sway the
               | political process in your favor.
               | 
               | Even when the regulations exist (e.g. antitrust)
               | regulatory capture will inhibit their enforcement.
               | 
               | It's surprising how many people consider this process to
               | be somehow irrelevant or out of scope when you analyze
               | how capitalism functions. It's a core feature.
        
             | jd115 wrote:
             | Life.
             | 
             | Right?
             | 
             | Is Life a bad word? No. It's a beautiful word. Does it
             | contain the good, the bad and the ugly? Of course.
             | 
             | Is Capitalism a bad word? No. It's a beautiful idea, and it
             | works significantly better than anything else humans have
             | ever been able to think of on a mass-scale. Does it contain
             | the good the bad and the ugly? Sure.
        
               | pydry wrote:
               | Capitalism definitely has some of the best PR.
        
               | LanceH wrote:
               | Yea, all the other systems.
        
               | [deleted]
        
               | jklinger410 wrote:
               | A capitalist society has told you that capitalism is good
               | and you think you're so smart parroting this opinion
               | around.
               | 
               | It's getting very old.
        
               | hackflip wrote:
               | I don't think capitalism is good, I just think the
               | alternatives are worse.
        
               | 7sidedmarble wrote:
               | Is it not a little pessimistic (and not to mention, very
               | convenient for the ruling class) to believe that we've
               | reached the peak process of resource allocation and
               | community building in the western world of 2021? There is
               | no possibility for an alternative to the current system
               | that is slightly more equitable to slightly more people?
               | 
               | I think that's why these statements sound like
               | cheerleading for the status quo.
        
               | mistermann wrote:
               | It's like propaganda (Our most sacred institution) has
               | killed people's imagination and hardened their hearts.
        
               | finiteseries wrote:
               | The twentieth century and its experiments in alternative
               | resource allocation and community building are not
               | propaganda, it happened.
               | 
               | It wasn't live tweeted, but we do, actually, have
               | records. Some people were even there!
        
               | jd115 wrote:
               | Yes, yes we were.. and it's the last place we want to
               | find ourselves again.
        
               | mistermann wrote:
               | _propaganda: information, especially [but not
               | exclusively; nuance abounds] of a biased or misleading
               | nature, used to promote or publicize a particular
               | political cause or point of view._
               | 
               | This reminds me of this article currently on the front
               | page:
               | 
               | https://quillette.com/2021/11/29/the-universal-structure-
               | of-...
               | 
               | https://news.ycombinator.com/item?id=29408567
               | 
               | People think about and perceive reality in "stories"
               | (processed heuristically), because that is how we
               | communicate about it - in journalism, in conversations,
               | on social media, almost everywhere (there are exceptions:
               | software, hard sciences, etc [1]) - from the day we are
               | born to the day we die. We don't really know any other
               | form in daily practice, so we do not realize it - it is
               | _the fabric of reality_. A (simplistic) alternative would
               | be speaking to each other like ~autistic, emotionless,
               | hyper-pedantic, object-oriented, robotic AI
               | agents...which human beings tend to dislike, _strongly_.
               | 
               | In this example, I've made an allegation (and made
               | reference to _one example of_ a story that (allegedly)
               | involved propaganda):
               | 
               | >> It's like propaganda (Our most sacred institution) has
               | killed people's imagination and hardened their hearts.
               | 
               | Now, I am countered ("debunked" in modern day
               | _increasingly popular_ subjective parlance, as opposed to
               | "disproven" in objective parlance), by a ~story (which
               | based on my experience, would "rank highly" among
               | observers, perhaps due to its consistency with other
               | stories: "records", "fact"-based journalism):
               | 
               | > The twentieth century and its experiments in
               | alternative resource allocation and community building
               | are not propaganda, it happened.
               | 
               | > It wasn't live tweeted, but we do, actually, have
               | records. Some people were even there!
               | 
               | In no way did I objectively/physically assert that the
               | entirety of "The twentieth century and its experiments in
               | alternative resource allocation and community building"
               | _are propaganda_ or that _they did not happen_.
               | 
               | In no way did I say that "the" (a rather cognitively
               | magical word) events (the specifics of which we do not
               | know (and do not realize we do not know), even completely
               | leaving aside the infinitely complex underlying
               | causality) of January 6 _did not happen_.
               | 
               | However, to various agents/observers within this system
               | that we live, _I did say these things_. It did not
               | actually happen, but due to _the nature of_ reality [2],
               | if they are perceived as happening (which can occur in
               | many ways), _they then become Real (as opposed to True)_
               | , and are then cognitively processed, stored, recovered
               | (on demand), and perceived _as reality itself_. And if
               | many agents agree upon a story, it then becomes  "Truth"
               | (and perceived as Truth), and then documented as
               | _Objective History_.
               | 
               | tl;dr: Plato's Allegory of the Cave may have some truth
               | to it.
               | 
               | [1] Interestingly, these domains tend to be _massively_
               | more accomplished than the rest of reality. Whether the
               | unusual way they deal in perception ( _extremely_
               | simplified: objectively rather than subjectively) has
               | anything to do with that, I will leave as an exercise to
               | the reader.
               | 
               | [2] Reality is a very interesting word. In Scientific
               | Materialistic oriented cultures, it is typically
               | perceived (recursively, as "reality") as consisting of
               | physical objects, and events involving physical objects.
               | Reality does indeed consist of these things, but that is
               | but a slice of the entirety of it. However, ideas such
               | this can be easily _debunked_ , because they "are"
               | (another cognitively magical word) "woo woo" - and thus
               | the local minima of Maya is maintained indefinitely.
               | 
               | Ironically, this too is a story. Which story is more
               | true, is also left as an exercise to the reader.
        
               | povik wrote:
               | I happen to come from that part of the world where
               | something radically different has been tried out, and
               | will also tell you capitalism is good (considering the
               | alternatives).
        
               | jd115 wrote:
               | Quite the contrary. I have now lived half my life under a
               | communist regime and half under a capitalist one. Let me
               | be abundantly clear: I far prefer the latter. I like
               | where it is, and I like where it's headed. I NEVER want
               | to hear about communism ever again.
               | 
               | Here's the main differences I see:                 1.
               | Capitalism is a social construct. It embraces human greed
               | and builds upon it. That's why it works so well.
               | 2. Communism is merely a short-term con scheme (granted,
               | on a rather large scale). It embraces hypocrisy, pretends
               | to shun greed, steals everyone's chips and runs, while
               | making people build some idealistic nice stuff which all
               | collapses to dust and misery the moment the top runs away
               | with the money.       3. There is no 3. People like to
               | wank about with all sorts of flowery ideas about
               | capitalism minus the greed, but that's just communism
               | really.
        
               | jklinger410 wrote:
               | 1. Communism is a social construct. It embraces human
               | goodness and builds upon it. That's why it is ethical and
               | good.
               | 
               | 2. Capitalism is merely a short-term con scheme (granted,
               | on a rather large scale.) It embraces hypocrisy,
               | encourages greed, steals from the poor and gives to the
               | rich, while making people build some idealistic idea of
               | competitive fairness while burning the entire planet to
               | shreds while the top run away with the resources and
               | quality of life.
               | 
               | 3. There is no 3. People like to pretend they understand
               | world history and economics with all these false ideas
               | that lack context of how capitalism is better, when it's
               | just propaganda that hides the resources and military
               | strategy that went behind the current layout of the world
               | economy.
        
               | scrose wrote:
               | What country do you live in that has a purely capitalist
               | system? I'm curious how that would work out.
               | 
               | Even the USA has a lot of socialist policies that
               | primarily benefit the wealthy(ie. Taxpayer funded
               | mortgage deductions)
        
               | InitialLastName wrote:
               | As far as I can tell, nowhere has actually implemented
               | either full-scale capitalism or full-scale communism in
               | the last human lifetime. At its most extreme, there have
               | been some planned-economy socialist states (selling
               | themselves as a "stepping stone to communism") and some
               | thoroughly regulated, state-subsidized free-market
               | systems.
               | 
               | I suppose there have also been some failed states that
               | devolved power to a variety of local systems; maybe it's
               | some of those that you have lived under?
               | 
               | One of the sensible #3s you might be missing, by the way,
               | could be something along the lines of "free markets with
               | enough regulation to protect the commons and enough
               | social spending to invest in the populace (encouraging
               | future innovation and mobility) and enough of a safety
               | net to limit desperation (to keep the pitchforks out of
               | the ownership class's stomachs)"
        
               | themaninthedark wrote:
               | (With apologies to Churchill)
               | 
               | Many forms of commerce have been tried, and will be tried
               | in this world of sin and woe. No one pretends that
               | democracy is perfect or all-wise. Indeed it has been said
               | that capitalism is the worst form of commerce except for
               | all those other forms that have been tried from time to
               | time.
               | 
               | But honestly, GGP replying with a one word answer
               | "Capitalism" and to paraphrase your reply >"The system
               | has brainwashed you" does no one here any good. Please
               | expound on what system you would like to see implemented
               | and why it would not have this problem. You will probably
               | have to defend your ideas but that is what debate is for.
        
               | 7sidedmarble wrote:
               | >But honestly, GGP replying with a one word answer
               | "Capitalism" and to paraphrase your reply >"The system
               | has brainwashed you" does no one here any good. Please
               | expound on what system you would like to see implemented
               | and why it would not have this problem.
               | 
               | Do you not see the double standard in this very post of
               | yours? You're chastising him with 'please recommend what
               | system we _should_ use then ' and at the same time
               | claiming the advantage to capitalism is that it's an
               | imperfect system, yet still better then anything else
               | we've come up with.
               | 
               | If you believe human beings have not thought of any
               | better systems or ideas, then why would you ask him to
               | produce one, other then you would just shut it down with
               | that same argument? It just seems intellectually lazy. If
               | you believe this then _no one_ could ever sway you. At
               | that point don 't pretend to be interested in hearing
               | alternatives, just say you've made up your mind.
        
               | ziddoap wrote:
               | > _Please expound on what system you would like to see
               | implemented and why it would not have this problem._
               | 
               | While I agree simply saying "capitalism" and hand-waving
               | at "brainwashing" are both not great conversation
               | starters, your demands are equally unhelpful, no matter
               | how nicely you phrase it.
               | 
               | One does not require a solution to a problem in order to
               | identify a problem.
        
           | HPsquared wrote:
           | "Computer says no"
        
           | g_p wrote:
           | Kafkaesque?
        
           | HenryKissinger wrote:
           | The 21st century.
        
           | ClumsyPilot wrote:
           | Its kafkaesque, the established world for inconprehensible
           | and cruel bureaucracy that destroys lives for no reason. The
           | term predates internet.
        
           | junon wrote:
           | Broken.
        
           | tibbetts wrote:
           | Utopia of Rules - our culture thinks that if we just had the
           | right set of rules and everyone fallowed them then everything
           | would work well. This is a flawed belief, like other utopias.
        
             | SapporoChris wrote:
             | "Utopia of Rules - our culture thinks that if we just had
             | the right set of rules and everyone fallowed them then
             | everything would work well." I hate to be pedantic, but
             | your typo fallowed is literally the opposite of your
             | intended followed. https://www.wordnik.com/words/fallow
             | adjective Characterized by inactivity.
             | 
             | However, you have got my interest. What is the flaw in the
             | reasoning?
        
               | justinclift wrote:
               | > What is the flaw in the reasoning?
               | 
               | Because the world is a very wide and varied place, with
               | far more range of human situations than a set of rules is
               | able to adequately deal with. Probably ever.
        
               | ufmace wrote:
               | More so, any system of rules that was anywhere near
               | complete enough to deal with every situation ever would
               | be so huge and complex that no human could ever read and
               | understand it all, and even searching it properly would
               | be impossible. Which will certainly lead to parts of the
               | rule system contradicting each other and actual cases
               | following one or the other or something else entirely
               | depending on what the person applying it to the case was
               | able to find.
               | 
               | And if some individual's ability to find things or not
               | decides what happens, then we're right back where we
               | started, at a rather arbitrary system vulnerable to
               | corruption. In which case, why did we even bother making
               | this huge incomprehensible set of rules?
               | 
               | See for example the US Tax Code.
        
             | ratww wrote:
             | This is one of my major Hacker News pet peeves. People talk
             | about _any_ law whatsoever and people immediately jump to
             | "yeah but what about this crazy edge case" as if the legal
             | system itself doesn't take those into account. They're
             | probably throwing lots of babies away since bathwater won't
             | ever be microbe-free.
        
               | AnthonyMouse wrote:
               | People immediately jump to "yeah but what about this
               | crazy edge case" because they know the law will be
               | applied to hundreds of millions of people and that crazy
               | edge case will actually happen many times.
               | 
               | And if you can't say ahead of time what a judge _should_
               | do with that law against that edge case, you have a legal
               | vulnerability. Something that will cause  "hard cases
               | make bad law." Something that will be abused by the rich
               | and powerful and against the poor and vulnerable. You
               | have a bad law.
               | 
               | What you're advocating for is not thinking about the
               | consequences of legislation before passing it.
        
               | ratww wrote:
               | Where am I advocating for anything? Please don't put
               | words in my mouth. What I am complaining about is people
               | immediately jumping to completely dismiss the discussed
               | laws and even the need for them just because the posters
               | assume they don't cover edge cases. This is done without
               | understanding or even reading the laws themselves, nor
               | the legal process that will be used to enforce them, nor
               | how the individual legal systems of each countries work
               | in regards to those edge cases. The ironic part is that
               | in the last two or three cases where I saw it happen, the
               | laws themselves already had the edge cases covered!
               | 
               | And honestly, uninformed people talking about a law
               | without doing an iota of research won't make a single
               | difference in the world. Hacker News armchair amateur
               | lawyers are not fighting for anyone, not even for
               | themselves.
        
               | nitrogen wrote:
               | _[edit: the parent comment was edited so this comment
               | applies to a previous version]_
               | 
               | Constructive feedback: the first sentence isn't
               | necessary. People will only see the anger and not the
               | actual point. The second sentence stands on its own.
        
               | ratww wrote:
               | You're right. Sorry about that, but it angers me when
               | people put words in my mouth.
        
               | AnthonyMouse wrote:
               | > What I am complaining about is people immediately
               | jumping to dismiss the discussed laws and even the need
               | for them just because the posters assume they don't cover
               | edge cases. This is done without understanding or even
               | reading the laws themselves, nor the legal process that
               | will be used to enforce them, nor how the legal system
               | works in regards to those edge cases.
               | 
               | This reads like "these dumdums can't possibly understand
               | the law because only lawyers can understand the law and
               | everyone else needs to shut up."
               | 
               | How is that compatible with a democracy? Don't voters
               | have to be able to understand what their legislators are
               | doing on their behalf? Are we all just permanently
               | screwed?
               | 
               | It's not as if these criticisms don't come to fruition.
               | People said DMCA 1201 would be a bad law from the
               | beginning, and it still is. Sex workers objected to SESTA
               | even though they were the ones it was supposed to
               | protect, politicians passed it over their objection, and
               | the bad things predicted to happen then happened. It is
               | the calls to "reform" CDA 230 that seem to lack any
               | understanding of the law, the reasons for it, or even
               | what it does.
               | 
               | The most common flaw in new legislation is the failure to
               | account for unintended consequences from bad edge cases
               | and perverse incentives. It is actually really hard to
               | create a law without these things. The discussion of how
               | to avoid them, or even _if_ they can be avoided
               | sufficiently to cause the proposed law to be a net
               | positive in the world, is really important.
               | 
               | Here's another example. This year, the Supreme Court did
               | some good in reining in the CFAA:
               | 
               | https://www.lawfareblog.com/supreme-court-reins-cfaa-van-
               | bur...
               | 
               | This is your system working, right? But the CFAA was
               | passed in _1986_. We lived under that uncertainty, and it
               | caused much turmoil, for thirty five years. That 's bad.
               | We should want for that not to happen.
        
               | ratww wrote:
               | _> This reads like  "these dumdums can't possibly
               | understand the law because only lawyers can understand
               | the law and everyone else needs to shut up."_
               | 
               | It's not. It's more "these [otherwise very intelligent
               | people] can't possibly understand the law because they
               | haven't bothered to read it, as they're merely reacting
               | to the description of it by another poster" and just
               | posted their first reaction to it on a HN post. This is
               | visible when the answers to their posts is "yeah... the
               | law covers that".
               | 
               | People publicly criticising laws with informed articles
               | (or even people repeating talking points from those) is
               | very healthy, but VERY different from armchair commenters
               | who use their own ignorance about a law as fodder for
               | criticising it and for advocating for their own position
               | (normally to dismiss the law altogether).
               | 
               | We are clearly talking about two very different things
               | here.
               | 
               | Unlike you're implying, I also don't want to censor
               | anything and I'm not advocating for anything. Discussion
               | is healthy, uninformed discussion backing radical
               | opinions is noise.
               | 
               |  _> Here 's another example. This year, the Supreme Court
               | did some good in reining in the CFAA:_
               | 
               | I also don't see how this has anything to do with what
               | I'm saying. Maybe I wasn't clear in my first post, but
               | I'm pretty sure I was in my second.
        
               | AnthonyMouse wrote:
               | > We are clearly talking about two very different things
               | here.
               | 
               | I don't think you can separate them so easily. People
               | make mistakes. They make assumptions. They lack
               | information. That shouldn't make them ineligible to
               | participate in the debate, because the debate is the
               | process by which those mistakes and assumptions get
               | corrected and people arrive at a consensus. If they just
               | shut up, they'll still be wrong, but then no one will
               | correct them, and no one with the same wrong assumptions
               | will see the correction.
               | 
               | And they're not always wrong.
        
               | ratww wrote:
               | Once again I ask you: where did I say it makes them
               | ineligible? Why can't I criticise the behaviour?
        
               | AnthonyMouse wrote:
               | You're criticizing the wrong thing. Address the specific
               | instance when they get it wrong, not the general idea of
               | being concerned about edge cases, which in many cases
               | actually are highly problematic.
        
               | ratww wrote:
               | Once again you are putting words into my mouth. I never
               | said that worrying about edge cases is wrong, nor that
               | discussing them was. The sport of claiming that they
               | aren't handled when they actually are, however, is a pet
               | peeve of mine. I hope you see the irony of claiming that
               | someone having a pet peeve is incompatible with
               | democracy.
        
               | [deleted]
        
               | Aerroon wrote:
               | > _People immediately jump to "yeah but what about this
               | crazy edge case" because they know the law will be
               | applied to hundreds of millions of people and that crazy
               | edge case will actually happen many times._
               | 
               | And it shouldn't be too surprising that this happens on
               | HN. Programming has taught me to specifically pay
               | attention to edge cases and evaluate how likely they are
               | and what kind of consequences may follow. This same
               | pattern of thinking then gets applied to other things in
               | life. Laws are one of the closest analogues to
               | programming.
        
               | [deleted]
        
             | Goronmon wrote:
             | _Utopia of Rules - our culture thinks that if we just had
             | the right set of rules and everyone fallowed them then
             | everything would work well. This is a flawed belief, like
             | other utopias._
             | 
             | I don't see what about ContentID is related to the "Utopia
             | of Rules" issue. ContentID seems more like a problem
             | related to issues of capitalism, where a corporation will
             | make decisions to maximum profits at the expense of any
             | human or social impacts. Alongside the inability to
             | effectively reign in corporations who make such decisions.
        
               | AnthonyMouse wrote:
               | > ContentID seems more like a problem related to issues
               | of capitalism, where a corporation will make decisions to
               | maximum profits at the expense of any human or social
               | impacts.
               | 
               | Capitalism is the thing where there is supposed to be
               | vigorous free market competition and ContentID would have
               | no power. Because even if 70% of the services were
               | getting it wrong, anyone could switch to any of the other
               | 30% with minimal friction, and then the original 70%
               | would fix their shit or lose market share.
               | 
               | Capitalism isn't a synonym for anarchy. It needs, for
               | example, government enforcement of property rights. But
               | it also needs _antitrust_. Constraints on vertical
               | integration.
               | 
               | The lack of effective antitrust enforcement has allowed
               | markets to concentrate. Which removes competitive
               | pressure, which allows incumbents to make rules that
               | benefit them and their business partners at the expense
               | of customers who now have high switching costs. Enabling
               | the "Utopia of Rules."
        
               | notreallyserio wrote:
               | ContentID wasn't built because Google thought it would be
               | a great service for end users. It was made in response to
               | a lawsuit by, IIRC, Viacom. There's no practical way for
               | a competitor to operate without their own version of
               | ContentID as it is a function of copyright law and not
               | market forces.
               | 
               | Even so, I would bet the vast majority Google's customers
               | that are aware of ContentID like ContentID and want it to
               | spread everywhere, to all companies in all nations. I
               | mean, how likely is it that Ford (a big customer) would
               | move to UpstartVideo.biz because they don't automatically
               | analyze uploaded videos?
        
               | AnthonyMouse wrote:
               | > There's no practical way for a competitor to operate
               | without their own version of ContentID as it is a
               | function of copyright law and not market forces.
               | 
               | Which part of copyright law is the ContentID part? It's
               | not in DMCA 512 anywhere I can see.
               | 
               | YouTube in particular had problems because in their early
               | days they were, shall we say, not well-counseled on the
               | copyright front, and were still getting sued over _that_.
               | They were also trying to make nice with Hollywood to try
               | to get them to license premium content.
               | 
               | Many competing video services don't have anything like
               | ContentID. But they also don't have priority search
               | results on google.com, so content creators don't want to
               | use them.
               | 
               | And the "you're not the customer, you're the product"
               | trope doesn't really apply -- in a competitive market,
               | suppliers have a choice in who to sell through too. And
               | Ford follows the eyeballs.
        
               | notreallyserio wrote:
               | > Which part of copyright law is the ContentID part? It's
               | not in DMCA 512 anywhere I can see.
               | 
               | It's a measure to avoid legal ramifications under the
               | DMCA and other acts.
               | 
               | > Many competing video services don't have anything like
               | ContentID. But they also don't have priority search
               | results on google.com, so content creators don't want to
               | use them.
               | 
               | It's only a matter of time that they'll fold due to lack
               | of interest, fold due to lawsuits, or implement ContentID
               | or similar. Or they'll restrict and moderate uploads
               | manually which has exactly the same effect, or perhaps
               | even worse (still erring on the side of legal caution).
        
               | AnthonyMouse wrote:
               | > It's a measure to avoid legal ramifications under the
               | DMCA and other acts.
               | 
               | Why would there be "legal ramifications" for someone
               | complying with the ordinary DMCA notice and takedown
               | process?
               | 
               | > It's only a matter of time that they'll fold due to
               | lack of interest, fold due to lawsuits, or implement
               | ContentID or similar.
               | 
               | It has been decades. They're still there.
               | 
               | The lack of popularity is for the reason already
               | mentioned. If your YouTube video gets on the first page
               | of Google search results and the exact same video hosted
               | on some other site doesn't, what are content creators
               | going to use?
        
               | sidewndr46 wrote:
               | ContentID is less of a "Utopia of Rules" and more of a
               | "Kingdom of dictates". Google dictates you are subject to
               | ContentID if you want to participate in YouTube. If you
               | don't want to be subject to that, leave the kingdom.
        
           | dmos62 wrote:
           | It's an automated bureaucracy (bureaucrazy). It's tyrannical,
           | in that it has power over you and it's unjust and cruel in
           | how it disregards you. You can lump those words together
           | however you like. Tyrannical automated bureaucracy,
           | autotyranny, bureautyranny. You could put the word tech or
           | technological somewhere in there, but I don't think there's
           | much technology in this form of oppression. After all,
           | bureaucracy in itself is a technology (a tool).
           | 
           | That's all from the point of view that this tyranny is
           | external. I'd actually prefer to look at it as something
           | we're subjecting ourselves to. We're half-knowingly turning
           | our tools against us; painting ourselves into a corner;
           | becoming increasingly entangled by our conflicting goals.
           | We're not the victim, but the fool.
        
             | xyzzyz wrote:
             | > It's tyrannical, in that it has power over you and it's
             | unjust and cruel in how it disregards you.
             | 
             | Welcome to new bureaucracy, same as old bureaucracy.
        
             | rPlayer6554 wrote:
             | Bur-auto-cracy?
        
             | thechao wrote:
             | Bureaucomputation. (Byur-ah-computation?)
        
             | [deleted]
        
             | Humdeee wrote:
             | In - internal issue
             | 
             | Comp - computer/tech
             | 
             | Pet - sub-human, regarded as secondary if at all
             | 
             | Tence - (tense), as in past tense and you will be forgotten
        
               | raisedbyninjas wrote:
               | This implies that implementing a fair system is beyond
               | their capabilities. I think profitable convenience is
               | more apt to their design choices.
        
           | robomartin wrote:
           | > Is there a word for this new world where we find ourselves
           | without the ability to appeal our problems to human
           | rationality
           | 
           | How about a term like "millennial business ethics"?
           | 
           | Seriously.
           | 
           | I know some will take this as an insult. I don't offer it in
           | that way. Hear me out for a minute.
           | 
           | The generation that grew up without the internet was just as
           | sophisticated --if not more in some areas-- than millennials.
           | I have news for you, we were doing pretty amazing things with
           | computers and hardware in the 80's an 90's and very little of
           | it was about tricking people to click on ads. Go back and
           | look at AI books from that era and you will find pretty much
           | everything being done today...we just didn't have the
           | hardware and the speed.
           | 
           | Excuse the digression. Growing up without the internet and
           | with conventional brick-and-mortar, in-person businesses
           | meant that person-to-person relationships were important.
           | Nobody --nobody-- from my generation would seriously consider
           | running a business where you absolutely ghost your customers
           | and users. That's just unthinkable. That is not the way human
           | beings related to each other in any pursuit.
           | 
           | However, for a generation who's reality has been looking at a
           | screen and clicking buttons far more so than engaging with
           | other humans in person, the idea of not bothering with real
           | person-to-person problem solving might just be perfectly
           | logical and sensible. Why bother? You can do everything with
           | buttons on a touchscreen. Except, you can't.
           | 
           | To me this is a cultural problem. I have often imagine that
           | some of the people who built these companies had the social
           | skills and maturity of a brick. I know this isn't entirely
           | accurate. Yet, how else does one explicitly make these
           | choices? I can excuse social ineptitude as a sign of the
           | time. The alternative would be to make such a choice while
           | knowing just how harmful it could be. That is pure evil.
           | 
           | They have built mechanisms where destroying someone's
           | business overnight, with no path to having a proper person-
           | to-person business discussion, is deemed normal and
           | acceptable. Talk to people who's lives were turned upside-
           | down by the likes of Amazon, Facebook and Google and you'll
           | learn just how horrific this kind of thing can be on the
           | receiving end of the algorithms.
           | 
           | On this planet, today, if these three companies ban your from
           | using their services, you do not exist. Period. Try running a
           | business without using these channels (and their associated
           | properties) for marketing and delivery and see how well you
           | can do.
           | 
           | I am not a big government guy at all, quite to the contrary.
           | However, I have, for some time, felt that this particular
           | issue is one that needs truly intrusive government
           | intervention. Companies of this scale and importance should
           | not be able to kill your business on any given Monday and
           | just ghost you forever. That is just plain wrong. And evil.
        
           | domador wrote:
           | How about "autocratic", with an emphasis on "auto"?
        
           | treeman79 wrote:
           | This is the purpose of a court system.
        
           | [deleted]
        
           | CoastalCoder wrote:
           | I don't think this answers your question, but it was
           | exemplified in the movie "Brazil", iirc.
        
           | munificent wrote:
           | Automatacracy.
        
           | gostsamo wrote:
           | Kafka's processing distopia.
        
           | nono-no-no wrote:
           | Dystopia
        
             | domador wrote:
             | DystopAI
        
           | dangoor wrote:
           | web3
        
         | pokot0 wrote:
         | 100% agree. They reap the benefits of the automation efficiency
         | while not paying the costs of it. I think these companies
         | should be considered directly responsible if they don't pay
         | royalties to the rightful owners.
         | 
         | This should include how the royalties are split when multiple
         | properties are connected to the same Ad (ex: one video that
         | contains a song and a commentary). Right now, for their
         | convenience they only pay the stronger party (usually the song
         | rights holder) and ignore the other party. I think they should
         | be legally required to split the revenues fairly.
         | 
         | Is it a hard problem to solve and risk a lawsuit hell? Sure,
         | but they did solve way harder problems when they had the
         | incentive to do so and certainly have the resources to solve
         | this one. It's also rather easy to solve 90% of the problem and
         | not being blatantly unfair, and I think 90% is way better than
         | 0%.
        
           | SR2Z wrote:
           | To put this really bluntly, these companies would _prefer_
           | that kind of system. Right now the problem is that they are
           | held legally liable if they incorrectly reject a copyright
           | complaint (which, by the way, can only be determined to be
           | valid in court) but only run the risk of pissing off users if
           | they accept a fraudulent one.
           | 
           | The problem here is not convenience, it's that copyright was
           | designed for an era when it was kind of hard to copy things.
           | The DMCA was a good shim to make it feasible for Internet
           | companies to even exist, but it's not enough to fix things in
           | a world where literally every single bit of IP can be copied
           | or downloaded in less than a day.
           | 
           | If, for example, Congress required content owners to submit
           | copies of their works to some centralized US copyright
           | database as a condition for being eligible to receive damages
           | from platforms, that would go a long way to fix things on its
           | own. Expanding the explicit set of fair use exemptions and
           | allowing them to matter outside of a court would also be a
           | big help.
        
         | bserge wrote:
         | It's amazing considering they could hire a small army of good
         | employees for ~$500/person in one of the many developing
         | countries.
         | 
         | Don't need an office, don't even need to bother with taxes if
         | they don't want to, just remote hire and work.
        
         | reactspa wrote:
         | Silver Lining in this trend: The beginning of the end of Amazon
         | may be at hand.
         | 
         | The other day, I really really needed to get in touch with a
         | human at Amazon to resolve an issue (Amazon issued me a refund,
         | apparently in error). After an hour of researching how, I gave
         | up.
         | 
         | The last time I needed to get in touch with a human there was
         | 15 years or so ago. I was able to send an email to an actual
         | human there, who responded! And was able to resolve the issue
         | after 3 or 4 emails back and forth.
         | 
         | Now, all you get is a "Chat AI" who can't help you.
         | 
         | It's the beginning of their end folks. And that's a good thing
         | (Martha Stewart voice).
         | 
         | (The other canary in the Amazon coal mine: their search engine
         | results seem manipulated.)
        
         | lil_dispaches wrote:
         | At some point these companies have to be on the wrong side of
         | negligence.
        
         | noodlesUK wrote:
         | Surely there is some case that could be brought against YouTube
         | by an EU citizen or someone else in a country where automated
         | decision making is limited without human review, no?
        
           | [deleted]
        
           | kevincox wrote:
           | I don't know what the argument is though. You have agreed to
           | this Content ID system and automatically distributing the ad
           | revenue based on YouTube's discretion when you signed up.
           | 
           | Note that the system also has advantages. As a publisher you
           | are protected from lawsuits most of the time, the worst case
           | outcome is that you don't get revenue from a video or that
           | you get banned from YouTube.
           | 
           | I'm not saying that the tradeoff is optimal for creators but
           | I don't see how what YouTube is doing is illegal. Unless you
           | try to assert that you were forced to accept the ToS because
           | YouTube is effectively a monopoly. But I find that a really
           | hard argument to make.
        
             | Retric wrote:
             | Contracts are limited in what they can enforce. A lesser
             | known example is if you don't benefit in any way then you
             | can't form a contract.
             | 
             | Which for example brings up the obvious approach of to sue
             | YouTube for copyright infringement as they don't have the
             | rights to display your video if their not paying you. I
             | expect you would lose that argument, but it might not be
             | thrown out of court.
        
               | kevincox wrote:
               | But as I said there is some benefit for those posting to
               | YouTube. So it seems like it could well be an enforceable
               | contract.
        
               | Retric wrote:
               | That's one argument, but it's up to the courts to decide
               | if it's true.
        
               | Filligree wrote:
               | The courts would point out that you're free to take the
               | video down at any time.
        
               | Retric wrote:
               | Except you can't go back and take them down _before_
               | Google decides not to pay you.
        
               | ClumsyPilot wrote:
               | That's irrelevant. There is a legal standard "Arbitrary
               | and Capricious" , where the party makes a business
               | decision out of spite, for no good reason and with no
               | consideration for interests of others.
               | 
               | Google is respobsible for decisions they make, it's their
               | problem that they use faulty automation.
        
             | mellavora wrote:
             | The argument is that the GDPR requires companies to provide
             | human review.
        
               | Nextgrid wrote:
               | The GDPR is very poorly enforced and regulators have
               | shown no desire to enforce it. At least in the UK, the
               | process requires you to try and get in touch with the
               | company to resolve it and give them 30 days to reply,
               | providing evidence of your attempts (a bit difficult with
               | online forms as opposed to emails - I guess you have to
               | take screenshots of the contact form before you submit?),
               | and if you still don't get a satisfactory response you
               | can raise a complaint with the regulator where from my
               | experience it just goes to a black hole where you're
               | lucky to get a (useless) response in a few months.
        
               | sofixa wrote:
               | No. It just takes a lot of time to deal with all the
               | transgressions.
               | 
               | https://www.enforcementtracker.com/
        
               | Nextgrid wrote:
               | Disagreed. This link often gets posted as a counterpoint
               | but look at the biggest issue with privacy currently:
               | tracking consent forms. The regulation mandates that any
               | non-essential tracking (as in not required to provide
               | functionality or fulfil legal obligations) should be opt-
               | in and it should be as easy to decline as it is to accept
               | (aka you should provide both an accept and a decline
               | button - hiding the decline option or making it difficult
               | doesn't count). The majority of companies out there fail
               | at that requirement, and it's been almost 4 years since
               | the regulation went into effect and nothing has been done
               | even though those cases should be very straightforward as
               | the evidence is right there on their websites.
        
               | MikeDelta wrote:
               | Schrems' company Noyb is scanning websites and trying to
               | force companies to do something about it (or potentially
               | face the law).
               | 
               | https://noyb.eu/en/noyb-aims-end-cookie-banner-terror-
               | and-is...
        
         | toss1 wrote:
         | Exactly
         | 
         | >>Over the years, countless YouTube users have complained that
         | their videos have been claimed and monetized by entities that
         | apparently have no right to do so but, fearful of what a
         | complaint might do to the status of their accounts, many opted
         | to withdraw from battles they feared they might lose.
         | 
         | This fact and the aggressive-anti-support policies should setup
         | Youtube for a class action suit.
         | 
         | Merely to avoid the expense of actually sorting out who is the
         | actual copyright owner, Alphabet (& others) setup a system that
         | systematically enables this type of fraud against artists, and
         | provides no way to resolve it, and so they happily pay millions
         | to fraudsters like these instead of the actual owners.
         | 
         | It'd be nice if the actual artists could get paid and if Google
         | etc. could get the point that some things require actual
         | support. Unlikely, but it'd be nice.
        
       | landonxjames wrote:
       | Benn Jordan (perhaps better know by his musical moniker The
       | Flashbulb) put out a video today[0] about another scam in a
       | somewhat similar vein, but this one perpetrated by a NYTimes
       | reporter and specifically targeting musicians
       | 
       | [0] https://www.youtube.com/watch?v=zk872ERRVxA
        
       | cpcallen wrote:
       | I see this kind of thing happening all the time, facilitated by
       | third parties.
       | 
       | For example, a few months ago I found this funny video of some
       | trombonists playing Bruchner in unusual situations[1] that had
       | been uploaded on 14th September 2015 and noticed it had an
       | obviously-bogus copyright claim for the music ("Song: Calling You
       | (Live), Artist: FUN, Licensed to YouTube by (on behalf of FUN);
       | Songtrust, Sony ATV Publishing, and 2 music rights societies"),
       | with a link to where this bogus "song" had been uploaded[2].
       | 
       | The "song" proved to be a video consisting of the original
       | trombone video's soundtrack played twice, over an unrelated
       | static image, that had been uploaded on 13th May 2021--six years
       | after the video it was ripping off.
       | 
       | There was enough information on the "song" video to find out that
       | it had been supplied to YouTube by a company called TuneCore[3]
       | who according to their website offer to "SELL YOUR MUSIC
       | WORLDWIDE: Get your music on Spotify, iTunes/Apple Music, Tidal,
       | Amazon Music, TikTok, Tencent & more".
       | 
       | I contacted TuneCore in July to point out that their service was
       | being abused, but got a semi-automated reply to the effect that
       | unless it was _my_ copyright that was being infringed they
       | weren't interested. I replied, and also responded to their
       | automated did-Jira-help-you-today survey, in both cases pointing
       | out that they were (however inadvertently) involved in fraudulent
       | activity but (unsurprisingly) never heard back.
       | 
       | I see now that the TuneCore 'song' video has been made private,
       | but the original trombone video still carries the false copyright
       | claim.
       | 
       | So frustrating.
       | 
       | [1] https://youtu.be/rY0m2cLH1m8
       | 
       | [2] https://www.youtube.com/watch?v=V-577Wp8yBQ - now private
       | 
       | [3] https://www.tunecore.com/
        
         | ratww wrote:
         | TuneCore has really gone to hell after it was sold. I know
         | horror stories from musicians that used them years ago but
         | since had to move away because of technical and support issues.
        
           | aspenmayer wrote:
           | What are some good alternatives? I've heard bad things about
           | almost every company in this space.
        
       | FjgdymdjttdjG wrote:
       | I deleted 400 videos and closed my YouTube account in October
       | because of this, or similar. These were not easy videos to
       | produce: audio, video, photography, text in multiple languages,
       | etc.
       | 
       | Hundreds of hours went into that channel. It was the only one
       | that had the _complete_ (!) recordings of early 20th century
       | baritone Titta Ruffo, including the unpublished Edison cylinders,
       | and I 'd put a ridiculous amount of my free time into it over
       | about a decade.
       | 
       | I may have had 10 down votes on 400 videos.
       | 
       | Except for five or six of of more modern artists (1960s), all 400
       | were 80, 90, 100+ year old audio recordings. It was an
       | exceptional resource, and included many other artists besides.
       | 
       | I just couldn't stand the scam-legal this-that thrown my way by
       | untold numbers of "legal entities" whose ownership claims I
       | couldn't possibly contest. I gave up, unable to balance, in my
       | mind, outflows to criminals, even if it was just pennies.
       | 
       | Part of me regrets deleting it. It was a one-of-a-kind resource,
       | but the legal blerg was _eine komplette Scheisse_.
       | 
       | YouTube, if you're listening, you're welcome to resurrect all of
       | those videos and take whatever ownership you can muster. I
       | certainly won't try anymore. I won't upload so much as a video of
       | me drinking a cup of coffee because the coffee cup, the coffee in
       | it, and probably the traffic noise playing in the background will
       | be claimed as property of someone else.
       | 
       | Yes, even property that's over a century old and in the public
       | domain.
       | 
       | The channel was registered to tittaruffooffurattit@gmail.com,
       | also deleted. You have my permission to resurrect and take
       | ownership if you can.
        
       | londons_explore wrote:
       | So how did this pair get away with it for 5 years?
       | 
       | Surely it only takes a single false claim for someone to be able
       | to take it to police as fraud? And it looks like these guys must
       | have claimed hundreds of thousands of videos... And yet _none_ of
       | them found a suitable way to get this addressed for four years?
       | 
       | Seems like a pretty open and shut case too... Lots of paper
       | trail...
        
         | southerntofu wrote:
         | That's what you get when entities get so big and powerful we
         | users don't have a single recourse against them. The ContentID
         | system being a fraud has been well-known in librist circles
         | since whenever it was launched.
         | 
         | It's a bit similar to how higher-ups in the police and secret
         | services have run massive drug imports in France/USA for
         | decades and everybody knew about it but it took many years for
         | the competent authorities to react. When your entire society is
         | based on obedience to a higher authority, we all become come to
         | depend on the goodwill (or lack thereof) of that entity.
         | 
         | Google is not exactly reputable when it comes to dealing with
         | user complaints, and they have exactly 0 financial incentive to
         | fix this huge problem.
        
         | 123pie123 wrote:
         | will the owners of the videos get any compensation back from
         | the prosection or google?
         | 
         | I doubt it
        
         | pjc50 wrote:
         | The police basically don't investigate difficult cases or
         | "commercial disputes". You'd have to take Google to court, and
         | who's going to run that risk?
        
           | elliekelly wrote:
           | Even trying to report identity theft to the police is a
           | massive pain. They'll try to pawn it off on the police
           | department where the fraudulent transaction occurred and that
           | PD will tell you they don't have jurisdiction and it's really
           | the PD where the victim is located who should investigate.
           | Most police departments just don't have the technical
           | knowledge to look into these things. They send you around in
           | circles, and maybe to an FBI form that goes nowhere, and wait
           | for you to give up.
        
             | danlugo92 wrote:
             | #BitcoinFixesThis
        
         | dd36 wrote:
         | We need private rights of action against companies that don't
         | reasonably investigate claims of fraud a la FCRA. These private
         | rights of action should have minimum statutory damages so
         | individuals can find contingent counsel.
        
       | _jayhack_ wrote:
       | Since nobody has commented this yet - provably representing
       | content rights is a great application for NFTs
        
         | tantalor wrote:
         | Eh not really. You still need a central authority to determine
         | whether the rights claimed by the NFT are authentic or
         | fraudulent. Might as well have a central database.
         | 
         | Scenario: 2 users present an NFT claiming the rights to a song.
         | Who wins?
        
           | alteriority wrote:
           | Isn't the entire point of an NFT the fact that two users
           | can't simultaneously possess it? I don't know if NFTs are the
           | ideal approach but that seems like the one critique that
           | doesn't apply.
        
             | tantalor wrote:
             | For the NFT itself? yes. For the thing the NFT claims? no;
             | that is up to some authority to decide whether to honor it.
             | 
             | e.g., 2 users have NFT which claims "I own the Mona Lisa".
             | Who is right?
        
         | bsagdiyev wrote:
         | No it isn't.
        
       | caf wrote:
       | Bet the artists still end up with fuck all.
        
       | iKevinShah wrote:
       | I used to be a creator (YT) in 2011 (channel created in 2011),
       | granted I was young and inexperienced, I used certain copyrighted
       | music / images initially and those particular videos were de-
       | monetized. I feel my account was "flagged" internally for the
       | lack of better word.
       | 
       | But then, I learned of how to give credits and all, but once you
       | are "marked" there's very little chance that you may get
       | monetized (at least used to be that way, haven't checked now).
       | Also, by default, your videos would be marked as "Has copyrighted
       | contents" which might not always be true.
       | 
       | The biggest pain point comes when you have to argue with the
       | system / support. There were 2 videos where I did not use
       | copyrighted material and credited royalty free track as per the
       | requirement but there's no winning over them(even with facts).
       | 
       | For an organization as big as the Big G, this automated system
       | and lack of actual checks until someone with big following tweets
       | at them is sad to see even in 2021.
        
         | crtasm wrote:
         | > how to give credits
         | 
         | Am I misunderstanding you? Just giving credit in no way grants
         | you the right to use the content / monitize the video.
        
           | iKevinShah wrote:
           | I am sorry by credits I meant attribution. I remember there
           | was a certain channel on youtube which let you use the song
           | provided you shared the source / original song (their yt link
           | to the music)
        
       | sschueller wrote:
       | That line is thin, large studios have been using Content ID on
       | things that are not under their copyright. [1]
       | 
       | [1] https://www.eff.org/wp/unfiltered-how-youtubes-content-id-
       | di...
        
         | hn_throwaway_99 wrote:
         | Your linked article is about _fair use_ issues, which I 'd
         | argue is a much different problem, and much more of a gray
         | area, than just outright falsely claiming you are the rights
         | holder to stuff you don't own (and not paying out royalties
         | after you collect).
        
       | heresie-dabord wrote:
       | tl;dr:
       | 
       | "The pair falsely represented to YouTube and an intermediary
       | company identified only by the initials A.R. that they were the
       | owners of the music and were entitled to collect "royalty
       | payments" from their use on YouTube. In some cases the defendants
       | used forged documents claiming to be from artists declaring that
       | the pair had the rights to monetize their music."
        
       | mleo wrote:
       | Hopefully there is some recourse to the actual copyright owners
       | owed the lost 20 million directly from A.R. or YouTube.
        
         | intricatedetail wrote:
         | Since this is in my opinion YT fault they should pay and then
         | pursue the money from the scammers on their own. Hopefully YT
         | won't wiggle their way out of this.
        
           | coldacid wrote:
           | You know they will.
        
         | dredmorbius wrote:
         | There's a strong case to be made that YT:
         | 
         | - Failed due diligence.
         | 
         | - Made infringing performances of the work.
         | 
         | - Misrepresented the authorship and/or ownership (moral
         | rights).
         | 
         | - Are liable for infringement.
         | 
         | - And owe the true copyright owners both the lost revenue and
         | an infringement penalty.
         | 
         | This case could get quite interesting.
        
       ___________________________________________________________________
       (page generated 2021-12-03 23:02 UTC)