[HN Gopher] Company 'Hijacks' Blender's CC By-Licensed Film, You...
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       Company 'Hijacks' Blender's CC By-Licensed Film, YouTube Strikes
       User
        
       Author : HieronymusBosch
       Score  : 267 points
       Date   : 2022-12-05 08:50 UTC (14 hours ago)
        
 (HTM) web link (torrentfreak.com)
 (TXT) w3m dump (torrentfreak.com)
        
       | DarthNebo wrote:
       | Slow clap..... YouTube needs to penalize such false copyright
       | claims with demonetization ot rate limiting the ability to do so
       | in the future
        
         | richrichardsson wrote:
         | I'd go further; with such bullshit claims akin to this the
         | entity making the false claim should be perma-banned from
         | YouTube.
        
           | rocqua wrote:
           | YouTube still needs to, legally speaking, accept DMCA claims
           | from companies they have banned.
        
           | Steltek wrote:
           | A ban would simply result in them creating a new account.
           | Stopping future copystrikes is just enough pain to keep them
           | where they are while preventing more damage.
        
       | capableweb wrote:
       | Just as a FYI, Blender runs their own PeerTube instance (that you
       | can subscribe to via ActivityPub/Fediverse (so Mastodon and all
       | of those others)) which they fully control:
       | https://video.blender.org/
       | 
       | Reason they created that in the first place was because of a
       | similar accident in the past. Maybe hopefully soon they'll stop
       | using YouTube fully as YouTube doesn't seem to care about solving
       | the core problem of driveby copyright strikes.
        
         | shapefrog wrote:
         | Elon should buy Youtube and make it _free_ again.
        
           | actualwitch wrote:
           | Did you mean "free"? As in "free" speech that he brought to
           | twitter.
        
             | misnome wrote:
             | He seems to be very good at (at least short-term) pivoting
             | platforms away from advertiser-based income. Mainly because
             | all the advertisers are driven away, but still...
        
               | hef19898 wrote:
               | Never mind the means, if it get's results
        
               | thombat wrote:
               | The evergreen explanation for actions from "Yes,
               | Minister":
               | 
               | > Something must be done! > This is something. >
               | Therefore we will do it.
        
           | ohgodplsno wrote:
           | Right. What YouTube needs is much more money burned on it and
           | to have even more far right content pushed onto people
        
           | capableweb wrote:
           | As a lover of everything not-YouTube, I concur.
        
             | 1letterunixname wrote:
             | He would Make The Thumbs Down Great Again and fire half of
             | the staff randomly by Tweet.
        
           | danuker wrote:
           | How will it make money? When Google bought it, it wasn't
           | profitable.
        
             | nkozyra wrote:
             | "$8" is the answer I'd expect
        
               | hef19898 wrote:
               | Either that or 42 per year
        
               | andrew_ wrote:
               | What will $69 get me?
        
             | thesuitonym wrote:
             | That's the point.
        
           | txru wrote:
           | Can we not keep Musk discussion to Musk threads? There seem
           | to be enough of them, and this sort of comment just attracts
           | cheerleading and booing with no analysis.
        
             | atoav wrote:
             | I typically tend to boo _with_ analysis, but it is booing
             | nontheless.
        
         | matheusmoreira wrote:
         | The only way to solve the copyright problem is to abolish
         | copyright. Things will only get worse and worse every year
         | until that happens.
        
         | winReInstall wrote:
         | Remember when Singapore stock artists for traditional chinese
         | media used the footage used by others to silence ccp critics
         | and youtube did nothing.
        
         | luch wrote:
         | Yep, people seem to believe that Youtube is still a platform
         | for crowdsourced videos, by the people for the people.
         | 
         | Youtube is since ~2016 primarly a platform for music clips, a
         | sorta MTV for millenials and GenZ. They absolutely do not give
         | a fuck anymore for content creator and hobbyists.
         | 
         | The faster people will understand that, the less they will be
         | enraged about ContentID/DMCA
        
           | mattmanser wrote:
           | You are wrong, confidently incorrect. Though it shows how
           | anyone can get ensconsed in a bubble by their own tech.
           | 
           | Get a parent to show you what their kids watch on YouTube and
           | get your mind blown.
           | 
           | YouTube is a tailored experience. If you're a 6 year old kid
           | you'll be getting something far, far, far from music clips.
        
             | aquariusDue wrote:
             | Here's something fun to do, exchange phones with your
             | friends and scroll through each other's YouTube feeds.
             | Quite the bonding experience.
        
           | nkozyra wrote:
           | I agree that YouTube - like most large social networks -
           | cares only about the large traffic generators, but I'm not
           | sure about your characterization of the content.
           | 
           | I can find high quality creators for almost anything on earth
           | that interests me - programming, ML, music creation,
           | woodworking, and so on.
           | 
           | I suspect this is all about the deprioritization of the
           | little guy.
           | 
           | Google also shuts the door quickly and hard. My personal
           | adsense account was permabannned years ago and 1) I don't
           | know why 2) there appears no avenue to address it
        
           | 1letterunixname wrote:
           | YouTube is equivalent and worse than regular TV now,
           | completely in the tank for corporations and hostile to
           | individual creators.
        
             | mort96 wrote:
             | How so? With regular TV, 99% of the time nothing
             | interesting is going on, and 50% of watch time is
             | unskippable ads (despite the service being paid). With
             | YouTube, I can always find something which _I_ find
             | interesting, and there are no ads (even though Premium is
             | way cheaper than TV), only some skippable sponsor spots
             | which some creators choose to put in.
             | 
             | The situation with YouTube is dire, the DMCA situation is
             | dire (in general, but also YouTube's handling of it), there
             | are serious issues with how YouTube treats its creators,
             | and there are serious issues with people being fed
             | disinformation by the algorithm. But in no way is it
             | "equivalent and worse than regular TV".
        
           | smoldesu wrote:
           | It's the same problem Twitter had. Before meatheads like Elon
           | Musk started knocking heads together, there were a lot of
           | people _actually convinced_ of Twitter 's altruism. In
           | reality, the situation was much the same as YouTube.
        
       | gee_totes wrote:
       | Applying occam's razor here, I wonder if this was caused by a
       | corrupt Google employee taking a bribe from the TV station in
       | Uzbekistan?
       | 
       | Social network content moderators have been known to take
       | bribes[0][1]. The fact that there was a manual DMCA review
       | involved makes this more sus
       | 
       | [0]: https://arstechnica.com/tech-policy/2022/08/lawsuits-
       | onlyfan...
       | 
       | [1]: https://calcoastnews.com/2022/08/former-twitter-employee-
       | con...
        
         | bedast wrote:
         | I don't think you understand what occam's razor is.
         | 
         | Occam's Razor would be incompetence. Either an automated system
         | is not allowing proper processing of the counter-notice or
         | someone reviewing the situation doesn't understand the license.
         | 
         | A conspiracy would be the opposite of Occam's Razor.
        
         | rideontime wrote:
         | How in the world is this applying Occam's razor?
        
           | 0xdeadbeefbabe wrote:
           | In reverse
        
           | hombre_fatal wrote:
           | Since even the first time it was uttered on HN, it just means
           | you're about to take a pet stab at something.
        
       | CoastalCoder wrote:
       | IANAL. Does this count as Slander of Title?
       | 
       | I.e., does the DMCA indemnify a company that makes a clearly
       | false claim?
        
         | shapefrog wrote:
         | It is fraud
        
       | hooby wrote:
       | This seems like something the EFF might be able to provide a
       | lawyer for.
       | 
       | They have repeatedly fought for Open Source Licenses in court in
       | the past, and helped get legal representation for people who
       | couldn't afford to fight large companies on their own budget.
        
       | paulgb wrote:
       | Assuming the facts reported here are true, it seems that YouTube
       | is putting its safe harbor in jeopardy by not complying with the
       | counter-takedown:
       | 
       | > Following receipt of a compliant counter-notice, the online
       | service provider must restore access to the material after no
       | less than ten and no more than fourteen business days, unless the
       | original notice sender informs the service provider that it has
       | filed a court action against the user.
       | 
       | https://www.copyright.gov/512/
        
         | phpisthebest wrote:
         | YT has this weird format text that you have to EXACTLY copy and
         | paste into the form for it to be processed, Several Lawyers on
         | YT have talked about how to "successfully file a counter
         | notification" and say that if you do not paste that EXACT
         | terminology from their Help Document it will almost ways be
         | rejected
        
           | danuker wrote:
           | That does not mean it is legal to reject it.
        
             | causality0 wrote:
             | YouTube is rich so laws are irrelevant.
        
             | phpisthebest wrote:
             | DCMA Claims, and DMCA Counter Notification are required to
             | have certin things in them to be legally valid, My guess is
             | that form text has all of the legally required elements,
             | and if you submit a counter notification that is missing
             | even one element that is required it is perfectly legal to
             | reject it
             | 
             | Remember DMCA is not written to protect you the user, or
             | protect the little guy, DMCA was written for RIAA/MPAA by
             | the RIAA/MPAA
        
               | counttheforks wrote:
               | Counter notifications that include all legally required
               | elements but do not follow their form letter are still
               | valid. Yet this probably doesn't mash with Google's
               | "Automate all the things!" strategy, so they are instead
               | shafting everyone and hoping they get away with it due to
               | their wealth even though YouTube is blatantly breaking
               | the law.
        
               | capableweb wrote:
               | I have zero love for YouTube, Google or Alphabet. But I
               | feel like saying "YouTube is blatantly breaking the law"
               | needs to be better researched to be taken serious than
               | "yeah probably".
        
         | zozbot234 wrote:
         | It only counts as non-compliance if they fail to restore the
         | content within ten to fourteen business days, assuming that the
         | takedown notice issuer has not taken the matter to court.
        
           | paulgb wrote:
           | The 10 days is to give the original claimant time to respond,
           | but to do that YouTube needs to forward the counter-takedown
           | to the original claimant, which they have refused to do.
           | 
           | > (B) upon receipt of a counter notification described in
           | paragraph (3), promptly provides the person who provided the
           | notification under subsection (c)(1)(C) with a copy of the
           | counter notification, and informs that person that it will
           | replace the removed material or cease disabling access to it
           | in 10 business days; and
           | 
           | https://www.copyright.gov/title17/92chap5.html#512
        
         | SpelingBeeChamp wrote:
         | I never understood how that requirement is compatible with the
         | First Amendment. How is that not compelling speech by the OSP?
         | 
         | OSPs don't have to host content they don't want to host... but
         | if content gets taken down, and then a counter-notification is
         | submitted, the OSP is then _required_ to restore (read: host)
         | the content?
        
           | jsmith45 wrote:
           | The actual rule is that if YouTube takes something down in
           | good faith belief that it is infringing, they are protected
           | against any liability for any claim over taking it down, but
           | only if the follow the restoration procedures as specified.
           | 
           | If they fail to do that they simply lose the protection of
           | liability if you (or anybody) sues them over taking the work
           | down.
           | 
           | So you cannot successfully sue them over say lost revenue for
           | a fraudulent takedown notice if they follow the correct
           | counternotice procedure. If they don't, then they might be
           | liable, but most likely something in the terms of service or
           | similar would prevent your suit from being a winning case
           | anyway.
           | 
           | However, in other scenarios like where the provider was
           | contractually obligated to keep the content available, if
           | they fail to follow the counternotification procedures
           | properly, you could potentially sue the provider and win.
        
           | counttheforks wrote:
           | YouTube is a company, not a human being.
        
             | SpelingBeeChamp wrote:
             | > YouTube is a company, not a human being.
             | 
             | The compelled speech doctrine applies to companies.
        
               | counttheforks wrote:
               | Companies can't speak. Only the humans working there can.
        
               | squarefoot wrote:
               | Unless they're all replaced by AI some years in the
               | future. Good luck countersuing a bunch of GPUs gone
               | rogue.
        
               | smoldesu wrote:
               | It's also a right that you waive by uploading videos to
               | YouTube and agreeing to limit your liability as-per the
               | TOS: https://www.youtube.com/static?template=terms
               | 
               | See the entry "Limitation of Liability"
        
           | vorpalhex wrote:
           | You only have DMCA protection if you are a (reasonably)
           | neutral host.
           | 
           | "Bob's airplane video emporium of only good airplanes" does
           | not get DMCA protection. If Bob violates copyright, he can't
           | hide behind DMCA.
           | 
           | If Youtube wants the DMCA safe harbor, they have to be
           | (reasonably) neutral _and_ follow the DMCA. That includes
           | restoring videos on counter claim.
           | 
           | Youtube can still do a TOS takedown. "We restored your video
           | but then found it has boobs in it and have removed it."
           | Totally fine.
           | 
           | They can't receive a valid counter claim and then decide to
           | not follow.
        
           | atkailash wrote:
        
           | thechao wrote:
           | My understanding is that it's a Faustian deal: YT is
           | indemnified by removing its own agency in this regards. If it
           | just _follows the rules_ , it gets a pass. If it _interprets
           | the rules_ it doesn 't.
        
             | SpelingBeeChamp wrote:
             | Your understanding is correct, but how does that relates to
             | my point about compelled speech?
             | 
             | You won't be on the hook for a DMCA violation if you give
             | up the right to control what's on your website?
             | 
             | If you don't post this thing on your website [read: restore
             | the content], you are violating the law?
        
               | smoldesu wrote:
               | If YouTube didn't have you agree to TOS before uploading
               | a video, you may have a point here. In it's current state
               | though, YouTube has carte-blanche permission to remove
               | _anything_ they want, not just disagreeable content. The
               | concept of free speech does not give you the ability to
               | renegotiate service agreements, unfortunately.
        
               | SpelingBeeChamp wrote:
               | My point is that in some cases, the DMCA appears to
               | require OSPs (YouTube, in this case) to _restore_ content
               | that has been the subject of a DMCA takedown.
               | 
               | I don't see how that is compatible with the idea that
               | YouTube has the right to _not_ host content on their
               | website. It 's their website. How can a counter-
               | notification take away - even for an instant - YouTube's
               | right to control what's on YouTube?
        
               | smoldesu wrote:
               | They can certainly demand it, but there's no recourse if
               | Google simply says they don't want to host it. Nobody is
               | guaranteed a spot on YouTube by the first amendment, and
               | DMCA doesn't override the pre-existing precedents of
               | contract law. If they truly demand a restoration of
               | removed content, then they are free to do so with servers
               | that they pay for.
        
               | r2champloo wrote:
               | Conversely then, how does the DMCA not violate the first
               | amendment by silencing speech? Is there actually any
               | difference in the direction of application of this
               | regulation?
        
           | Cpoll wrote:
           | Does it matter in practice? The OSP can restore the content
           | and then immediately remove it again for a different reason,
           | and I imagine that would honor the counter-notification.
        
         | devwastaken wrote:
         | There is no "losing" safe harbor.
         | https://www.techdirt.com/2020/06/23/hello-youve-been-referre...
        
           | pavon wrote:
           | There are a few carve-outs to section 230, as your link
           | mentions:                 If you said "Section 230 is why
           | there's piracy online"       You again may be the NY Times or
           | someone who has not read Section 230. Section 230 explicitly
           | exempts intellectual property law:          Nothing in this
           | section shall be construed to limit or expand any law
           | pertaining to intellectual property.
           | 
           | So when it comes to copyright, the DMCA takes precedence over
           | section 230, and sites that don't follow the take-down
           | procedures spelled out in the DMCA do indeed become liable
           | (loose safe-harbor) for the specific content that they failed
           | to enforce. If the site demonstrates a pattern of not
           | complying, then copyright holders could even argue in court
           | that they are liable for large classes of works without
           | having to provide evidence of non-compliance for each
           | individual work.
           | 
           | There are other carve-outs for CSAM and sex trafficking.
           | 
           | It is true that they don't become liable for _all_ unrelated
           | user content (say libel or harassment) because of this, so in
           | that sense they still have safe harbor in general, but saying
           | that they have lost safe harbor for particular content is a
           | valid use of the term.
        
             | miohtama wrote:
             | > complying, then copyright holders could even argue in
             | court that they are liable for large classes of works
             | without having to provide evidence of non-compliance for
             | each individual work
             | 
             | But in practice, is there any point for any violated users
             | to sue? Any YouTube video unlikely presents any meaningful
             | income for them and going after American company in the
             | court is really expensive.
        
           | roywiggins wrote:
           | DMCA safe harbor and Section 230 are different things?
        
       | dthul wrote:
       | I get that mistakes can happen, but companies filing frivolous
       | DMCA notices should be barred from this avenue in the future.
       | Further, YouTube's appeals process is fundamentally broken if it
       | can't get such obvious cases right.
        
         | andrepd wrote:
         | Of course. Why can't you answer as many times as you want in an
         | SAT? Because it would defeat the whole purpose. More than that:
         | you need to give points for right answers, and negative points
         | for wrong ones, so the expected value of guessing is 0.
         | 
         | Even in the context of the already fucked up copyright laws,
         | this mechanism is especially broken.
        
         | thinkmcfly wrote:
         | It shouldn't be just the companies that are barred from filling
         | new notices, but that the copyrighted item itself loses its
         | protection. But how could a bunch of old people who don't care
         | about tech have put that into law 20 years ago
        
           | tremon wrote:
           | How would that have worked in this case? User posts Blender
           | video $X on youtube, $idiotCompany files frivolous DMCA suit
           | claiming copyright on $X, Blender loses its copyright on $X?
        
         | 1letterunixname wrote:
         | Telemundo actively did this. Claim copyright of creators'
         | material and file strikes against them.
         | 
         | Then there were the cases of extortion trolls (criminals) who
         | demanded money from creators in exchange for removing strikes.
         | 
         | 0. Fuck YouTube and criminals and 1. never depend on it as a
         | primary source of income. (that's what merch is for).
        
         | tinus_hn wrote:
         | The notice is filed on penalty of perjury. All that should
         | happen is whoever filed the notice actually be tried for
         | perjury.
        
           | voakbasda wrote:
           | Perjury is not enforced anywhere but the most egregious
           | cases. Courts are filled with lies told by professional liars
           | and presided over by liars that made a career out of lying.
           | They never eat their own, because it would shine too much
           | light on their own practices.
        
           | misnome wrote:
           | Perjury based on _belief_ that they own the copyright, as I
           | understand the DMCA. So being an idiot who doesn't understand
           | copyright (or based on an erroneous automated process) is
           | considered a defence.
           | 
           | So, worthless.
        
         | techdragon wrote:
         | Always remember that YouTube is for the most part not using
         | DMCA notices. ContentID has nothing to do with the DMCA and
         | everything to do with the Viacom lawsuit and YouTube's
         | persistent desire to avoid any further lawsuits of that nature.
         | 
         | It's a rigged system in favour of traditional copyright holders
         | and anyone who can weasel their way to the other side of the
         | ContentID system to register themselves as a copyright "owner"
         | and are thus blessed by YouTube as special and to be trusted
         | with the task of only making legitimate claims against their
         | own intellectual property... which we all know is bullshit and
         | abused by almost everyone who has access to it. Notable
         | exceptions being companies like Epidemic Sound who have made
         | their access to that system/API into a valuable business
         | differentiator... regardless it's rigged against the individual
         | content creators that made YouTube into the behemoth it is
         | today.
        
           | iamtedd wrote:
           | In this case it was an actual DMCA notice, not ContentID.
           | Real people were involved in this incomprehensible decision.
        
             | techdragon wrote:
             | Which is why it's all the more important to point out.
             | While this was a DMCA, almost all the normal litany of
             | egregious YouTube copyright stories are from the ContentID
             | program and are beyond any real ability to appeal or
             | legally reconcile. There is no fair use or other
             | affirmative defence... you will _bend the knee to YouTube
             | at behest of the so named copyright holder or face the
             | wrath of Google.... All of Google for you never know what
             | else your YouTube account might be connect too... do you
             | dare risk it serf?..._
             | 
             | They are quite luck to have the full DMCA process, as
             | unpleasant and costly as it all is for them, at all! Most
             | are not so lucky.
        
               | SpelingBeeChamp wrote:
               | > almost all the normal litany of egregious YouTube
               | copyright stories are from the ContentID program and are
               | beyond any real ability to appeal or legally reconcile
               | 
               | That is factually incorrect.
               | 
               | Content ID claims can be appealed to the claimant. If
               | that appeal is rejected, the person who posted the
               | content can contest the claim. Doing so forces the rights
               | holder to either drop the claim, or file a DMCA takedown.
               | 
               | I am a full-time YouTuber. I have recently done what I
               | just wrote. It's nothing new.
        
               | techdragon wrote:
               | Perhaps slightly hyperbolic... but the perception I had
               | garnered from the content producers I'd seen talk about
               | it, is that the 10 day counter notice period is long
               | enough that the majority of content producers cannot take
               | the risk with time relevant content or live streamed
               | content.
               | 
               | In addition the percentage of people unwilling to risk
               | the legal complications of defending a full fair use
               | court fight, as it is an affirmative defence relying on
               | courts with the USA as the jurisdiction is a widely
               | chilling effect on overseas content producers. If they
               | don't back down you need to be prepared to deal with
               | American courts and lawyers. Sure they back down some of
               | the time but a lot of people don't even want to risk it
               | or aren't even sure how firmly they are in fair use
               | territory and that's not even brining into the equation
               | how many people misunderstand fair use exemptions and
               | just how might right to reuse content under fair use they
               | actually have and who may be inadvertently risking
               | significant legal exposure should they try to press
               | invalid fair use claims.
               | 
               | I did misspeak, but ContentID is still the bigger evil
               | than the DMCA.
        
               | SpelingBeeChamp wrote:
               | There is some truth to what you wrote, but instead of
               | getting into the weeds on the details, I'd like to take a
               | step back and remind you of something that you might have
               | already considered: creators have a strong incentive to
               | mislead you about this kind of thing. When people think
               | the little guy is getting financially shafted by The Man,
               | they are more likely to do things like sign up for that
               | channel's Patreon page, or join their membership program.
               | 
               | I see a lot of this, including by very large channels who
               | know what they are doing and should know better. And it
               | seems to be an increasing trend. I don't like it.
        
       | gpderetta wrote:
       | I wonder if a retaliatory clause in CC licenses where if you
       | issue an erroneous DMCA notice your license is immediately
       | terminated and you can be targeted would help.
        
         | bawolff wrote:
         | Pretty sure its already purjury to intentionally send a fake
         | dmca notice, which has a much harder punishment than anything a
         | license can do (albeit basically never enforced)
        
           | poizan42 wrote:
           | Beyond a reasonable doubt vs. Preponderance of evidence. It's
           | much easier to win a civil suit.
        
             | emn13 wrote:
             | Furthermore, turning this into essentially a contract law
             | issue allows for enforcement by the broader community
             | (depending on how the contract is worded, and with whom it
             | formally is, of course), rather than waiting for
             | prosecutors that may not care much about making an example
             | of some Uzbek TV station (IANAL).
        
           | tgsovlerkhgsel wrote:
           | There is some weirdness that makes the perjury clause
           | ineffective in most cases (something like the perjury only
           | applying to some generally-true part of the claim).
        
         | Steltek wrote:
         | Strong copyleft licenses like that don't get a lot of love
         | these days. GPL has something similar.
         | 
         | One problem is that to enforce these kinds of clauses, the
         | original rights holder needs to go around suing everyone as
         | it's a contractual thing. It isn't a law.
        
           | rocqua wrote:
           | I dislike copyleft, but once you decided to go for copyleft,
           | I think a clause like this makes a lot of sense.
           | 
           | Copyleft licenses are inherently trying to coerce the world
           | to be a certain way. A penalty clause like this is probably
           | more effective at changing the world than the normal clauses.
        
       | danuker wrote:
       | Headline should be "YouTube does not recognize user's right to
       | post CC By-Licensed film"
        
         | blooalien wrote:
         | And yet YouTube is willing to protect the _other_ party in
         | their  "right" to outright _steal_ Blender Foundation content
         | (as that 's what they're doing when they claim copyright over
         | content they have no actual copyright over, as is the case
         | here).
        
       | Kim_Bruning wrote:
       | This is the point where one should actually get a copyright
       | lawyer to help fight it out.
        
         | polotics wrote:
         | Copyright lawyers cost money... If any company can create such
         | a headache for a case that clear-cut, then how can YouTube not
         | be trusted to be a major source of aggravation all-round?
        
           | bawolff wrote:
           | The amount lawyers cost depend on the complexity of the case.
           | IANAL, but just sending a counter notice i imagine would be
           | pretty cheap.
        
         | ImHereToVote wrote:
         | In a modern society it is your fault for not affording the help
         | of the invisible hand of the market. Stop! Being! Poor!
        
       | type0 wrote:
       | https://support.google.com/youtube/answer/2797468?hl=en
       | 
       | > Creative Commons licenses can only be used on 100% original
       | content. If there's a Content ID claim on your video, you cannot
       | mark your video with the Creative Commons license.
       | 
       | Do they add some sort of their own license terms on top of
       | creative commons with this?
        
         | emn13 wrote:
         | I think the point is that youtube will not provide tools for
         | video authors to label their youtube hosted videos as CC if
         | there is any non-CC portion of the video. Which seems at least
         | somewhat reasonable, given the unreasonableness that is
         | copyright.
        
         | thomastjeffery wrote:
         | The failure here is in the word "use".
         | 
         | They are _enjoying_ the effects of the CC license (as applied
         | to the original content) without _applying_ it to their derived
         | content.
        
       | oefrha wrote:
       | > Determined to have his video restored, Bruno accepted the risks
       | and sent another counternotice to YouTube. This time there was no
       | indication that the counternotice was deficient. YouTube thanked
       | him for filing it - but still declined to process it.
       | 
       | Uh, dealing with YouTube is fun on every level.
       | 
       | Not long ago I was helping a successful content creator friend
       | bootstrap a YouTube channel, and since she has a large number of
       | existing videos, I wrote a program using YouTube Data API v3 to
       | automatically upload them. Turned out the upload API has been
       | restricted since a few years ago, one has to submit a lengthy
       | application form and go through manual approval, or all videos
       | uploaded through the API are automatically locked as spam. So I
       | submitted the application, and a few days later, I got an email
       | rejecting my application, which ends in the following:
       | 
       | > To reapply, you may complete and submit the appropriate form
       | once the above concerns have been addressed. Please do not reply
       | to this email.
       | 
       | > Feel free to reach out to us with any questions.
       | 
       | So, I'm supposed to "feel free to reach out to" them, but I
       | should "not reply to this email", leaving the only way to reach
       | out to them the application form, which doesn't have any Q/A
       | field, and incidentally they just rejected it. Did anyone think
       | about their process when they authored that email template?
       | Anyway, I eventually managed to identify the problem and pass the
       | review.
        
         | hobs wrote:
         | Reminds me of google ads, I made a simple utility site to help
         | people with calendar notifications and after the tenth "you
         | need to change something about your site" without telling me
         | what it was I gave up on the service altogether.
        
       | superchroma wrote:
       | Just youtube and its mediocre moderation team doing what they
       | always do. Google is a zero support company. They do not care
       | about ordinary people, only about their commercial advertisers,
       | and, even then, only the top percentage of them.
        
         | [deleted]
        
       | SergeAx wrote:
       | Can we ask EFF to fire a lawsuit against YouTube on that case? Or
       | open a funding campain for that exact case if EFF cannot fund it
       | from their primary stream of donations? This is a crystal clear
       | case, easy win.
        
       | blueflow wrote:
       | How many times does this need to happen again until people stop
       | uploading their OC to Youtube?
        
       | neilv wrote:
       | Torrentfreak.com seems to have built its business upon benefiting
       | financially from media pirates.
       | 
       | Massive media piracy seems to be what enabled (if not
       | necessitated) the DMCA process in question here. As well as
       | numerous human-hostile technologies and legislation.
       | 
       | I don't know about the situations in other countries, but in the
       | US, this whole dynamic driven by media piracy the last 2-3
       | decades has always seemed incredibly stupid and shortsighted.
       | 
       | If there's a news story about a DMCA takedown Kafkaesque process,
       | can we get a more objective source?
        
         | shapefrog wrote:
         | Torrenting is for downloading and archiving linux ISOs /s
        
         | zozbot234 wrote:
         | The media pirates in this case are the nitwits from Uzbekistan
         | who issued the groundless DMCA notice.
        
           | neilv wrote:
           | In this outlet, the story might as well be like the steady
           | stream of now-familiar US political party base-rousing:
           | 
           | Subtext: "Those darned anti-piracy things are so
           | unreasonable! This justifies pirating! Let's pirate harder!
           | Don't forget to use our affiliate codes to sign up for a
           | piracy-friendly VPN scam!"
        
             | noirscape wrote:
             | You're letting your familiarity with the (closed for over a
             | year by now) TorrentFreak comment section dictate your
             | opinion on the sites reporting as a whole.
             | 
             | That comment section was indeed a shithole of pirates
             | looking for moral justification to be pirates whilst using
             | any excuse to do so. TFs reporting has never really matched
             | up with this comment section (and it's possible to read
             | through the lines of their closure message and realize it
             | got closed specifically because of what an utter toxic mess
             | their comment section became).
             | 
             | Whilst it is somewhat slanted, that is moreso in terms of
             | what they choose to cover rather than any factual
             | inaccuracies. In that regard they're no more slanted than
             | other blogs on a similar matter (ie. Techdirt).
        
             | orwin wrote:
             | So your argument is that if a valid story is written on a
             | biased news source, we ought to ignore it?
        
               | neilv wrote:
               | I said:
               | 
               | > _can we get a more objective source?_
        
               | Karunamon wrote:
               | So the answer to the prior question is "yes".
               | 
               | Instead of this tiresome "pick a source that is
               | acceptable to my arbitrary and unstated requirements"
               | game, why not point out something specific in the article
               | that you feel is incorrect? This has the additional
               | benefit of allowing the discussion to continue rather
               | than bringing it to a screeching halt.
        
       | LightHugger wrote:
       | It seems like the TV station company has violated the CC license,
       | so why not copyright strike their video and save other people the
       | pain down the line?
        
       | bawolff wrote:
       | Isn't this the second time this happened? I thought i heard about
       | this years ago.
        
         | rjmunro wrote:
         | I expect it happens about 100 times / day - most just don't
         | make it to here. I've had a false copyright claim on a video I
         | posted - it was a recording of a church service where a
         | historic hymn was sung - out of copyright years ago. The
         | algorithm matched it to another recording of the same tune, but
         | different words, and they claimed copyright. I clicked the
         | appeal button, and explained that it was out of copyright. I
         | heard nothing back.
         | 
         | As the video was only a test, I only expected about 3 views,
         | and it didn't block the video, just take the revenue, I ignored
         | it.
        
           | bawolff wrote:
           | I mean blender specificly. I found
           | https://torrentfreak.com/youtubes-piracy-filter-blocks-
           | mit-c... from 2018
        
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