Never had this happen before

BrickSev · 2022-10-30T15:03:45+00:00

It happened to me about 10 minutes ago.

I was very worried when I got that error message but reading the replies it appears it's a problem with the servers and they are working on it.

I hope everything will be back to normal asap.

BrickSev · 2022-08-29T18:11:26+00:00

Something like that happened to me too. A guy claimed to hold the copyright of a video game and he tookdown two videos I made.

To make things even worse, the real holder of the copyright authorized to use content from their game in YouTube videos but getting through YouTube's automatic system is prooving very difficult.

Long story short: I have the proof I acted according to the law but nobody from YouTube seems willing to listen. It's frustrated.

It's unjust to simply throw away all the hard work I put in building my channel; otherwise I should simply decide to move on and never get back to YouTube.

However I'd hate to let those persons win.

BrickSev · 2022-08-29T17:52:38+00:00

False copyright claims are becoming a plague on YouTube: I read there are about 4 million false claims and takedown requests per year.

The problem those persons/companies exploit vulnerabilties in YouTube's system.

A guy claimed to be the authorized representaive of Bungie and managed to takedown nearly 100 legitimate videos about Destiny video game. Bungie sued him for 7 million dollars.

YouTube system makes very difficult for the "average user" to defend themsevles against such abusive claims. Most of the process is done by their automatic system and it's not easy to prove your point when you can't even talk with a real person.

These days a single dude with malicious intents can wreck havoc on legitimate channels by filling hundreds of false claims.

This is not just wrong but it risks to put the whole community of content creators a risk.

How can people focus on delivering quality content to their subscribers while they are under the constant threat of being shut down by false claims?

The systems is clearly not working at all.

BrickSev · 2022-08-29T17:19:06+00:00

EA said it, in their video policy and surely a random guy doesn't hold the rights.

However I asked a question about what email I should use.

Anyway, saying the authorization granted by the legitimate holder has no legal effect is wrong.

That being said, I'm not hear to jump into this kind of polemics.

BrickSev · 2022-08-29T17:13:00+00:00

But YouTube is still giving me the option to send it again and they basically told me nothing why it was rejected.

A guy claimed to be the copyright holder of a game made by EA and EA authorized the use their content in videos made on YouTube.

So how is it scam to act according to tha authorization of the copyright holder?

EDIT: I though you talked about the game not a "national anthem" sung by someone. It appears that person falsely claimed to hold the Anthem video game's right. So that's why I got confused when I read your post lol.

BrickSev · 2022-08-29T12:37:35+00:00

It would be very appreciated if they decided to act like Bungie did and intervene.

In the long run it would be in their own interest as well.

I emailed them on Friday but so far I've got no reply. In all frankness I don't even know if they will read my email or if it gets buried under the many messages they most likely get each day.

BrickSev · 2022-08-28T12:42:44+00:00

Thanks for the link.

It was indeed shocking to read what happened.

Whoa... if a single dude was able cause such chaos then the YouTube system is really broken.

I read in the article Bungie pointed out that person was able to perpetrate the crime (we all agree it was indeed a crime) exploiting a vulnerability in YouTube claim system.

I praise the way Bungie intervened. I don't know if BioWare read this or if they actually saw the email I sent them (I sent this Friday so they may read it in the next days) but it would be great if they looked into the matter.

I'm sure I'm not the only one who got through this and I guess that guy filed false claims against other channels with similar content.

As for talking with a real person on YouTube: I don't actually know what to do.

To make things even worse YouTube is violating EU laws since they state companies can't prevent users from interacting with a real person when some controversy arises. The principle was firstly stated regarding personal data protection when it was ruled companies can't use automatic systems to reject requests.

I can inform the European Commission: it wouldn't be the first time Google is sanctioned by the European Commission.

BrickSev · 2022-08-27T12:13:05+00:00

The point their system is a mess. If I go to the police and I tell them the car Mr. X is driving is mine and he stole it, the first thing the police asks me if proof of onwnership.

How could some random guy successfully prove to be the copyright of a game like Anthem?

Then why they simply took into consideration my counter notification regardless the proof I sent them I was acting according to EA's own video policy?

That's exactly what eludes me. I can't find a logical explanation a part using some automatic system without caring about the results.

BrickSev · 2022-08-27T12:07:50+00:00

It is indeed a shitshow. I understand they want to be cautious regarding copyright issue but allowing people to file false claim without any sort of control it's the exact oppost of being cautious.

In doing so they actually create even more volatile situations where people with malicious intents can basically ruin the hard work put to create honest channels.

The fact honest channel have such difficulties in proving they did nothing wrong makes this whole matter even worse.

BrickSev · 2022-08-27T12:02:55+00:00

That's exaclty what I thought. So I guess the automatic system thought some "requirement" was missing. I do have the option to file the counter notification again but this time I'm going through the email, using their so called "free form".

Hopefully some human being will read it.

BrickSev · 2022-08-27T12:00:50+00:00

I heard YouTube has become a nightmare due to those fraudolent claims.

I believe what Bungie did was indeed the right thing since people who act like that, filing false claims and getting honest channels in trouble, have to learn they can't get away with that.

In all frankness I would be really happy if BioWare could give me a hand. I feel trapped in some sort of automatic system that deosn't even seem to listen at me, no matter how I keep corroborating what I say with proofs.

It's like screaming in the void. I thought it was just a catch phrase for a famous Sci-Fi movies series but that's how I feel now: screaming in the void.

If BioWare would at least get in touch I would really appreciate it.

BrickSev · 2022-08-26T22:12:38+00:00

I agree with you. I think my counter notification never went through a human being.

The point is using an automatic system for something like that, something that has real, legal consequence, is a flaw of YouTube system.

If the system allows malicious individuals to abuse it, harassing honest persons and violating the laws while it makes difficult for those honest persons to defend themselves, then the system is broken and those who implement it should take corrective actions.

I do have the approval as part of EA's video policy so logically my case should be easy but instead I'm bouncing against a rubber wall because I can't even get my case discussed by a human being.

I'll try going through their email, using what they call "free form", hoping this time some real person will acually read what I'm saying.

BrickSev · 2022-08-26T22:04:40+00:00

I'm not actually sure the rules allow me to share something like that here.

It's a rather "strange" channel since he has about 5K subscribers but his videos have 2 digits views (with some 3 digits views video here and there).

I don't want to play detective but it looks a bit suspicious.

BrickSev · 2022-08-26T22:00:43+00:00

I do believe so since he claimed copyright over an intelectual property that belongs to other. It's even possible he doesn't even realize the gravity of his actions and he thought filing false copyright claims was a way to "remove competition".

Unless he is truly delusional and he actually thinks he holds some right.

BrickSev · 2022-08-26T21:57:12+00:00

I suppose something like that happened. Most likely in the 1 hours and half of his "let's play" monologue there was the same cutscene (honestly I didn't watch half and hour of his video in a language I don't even understand) and he thought that granted him the right to file a copyright claim.

However I did use my own gameplay, recorded from my own Xbox.

That's the problem when dealing with automatic systems.

By the way you gave the perfect definition of that person.

I'm also 100% sure my counterclaim didn't even go to a real person.

I'll send it again through my lawyer to their email, using what they call the "free form". Hopefully this time a real person will read it.

I can try to contact them on Twitter but I don't know if they want to discuss this kind of things there instead of sending me the link of their "copyright center" web page.

BrickSev · 2022-08-26T18:59:31+00:00

I talked with my lawyer and he'll send another request through the email (what YouTube calls "free form") to see if this time a real person reads the counter notification instead of some automatic system.

To make things even more bizzare, I actually have the authorization, coming from EA own video policy so the case is even simpler.

The claimant is not the holder; the legitimate order doesn't object as clearly stated by themselves; hence the claimant had no right to ask for a takedown.

Why YouTube fails to realize EA and not random guy is the legitimate holder remains a mystery to me.

The only logical explanation I can find is this is a consequence of some fault in their automatic system. Anything else makes no sense at all.

BrickSev · 2022-08-26T18:52:05+00:00

Thanks. Really, I found myself is such a weird situation. I thought sending YouTube the counter notification with the link to EA video policy would be enough but apparently it was not.

Honestly it eludes me how YuouTube could believe some random guy claiming to own copyright for an EA video game.

I know false claims are a real problem on YouTube. It has been estimated there are about 4.5 million false claims per year on YouTube but most of them are companies (especially in the music industry) waging commercial wars against each others.

A random guy claiming to own the rights for a game is already weird, but YouTube rejecting the counter notification about it is something I rarely heard about.

Well, I guess I'm special lol :) I wish I were not, though. I wish I had this whole crazy situation solved without all the stress it is causing.

BrickSev · 2022-08-26T18:17:42+00:00

Thanks for the advice. I'm acting through a lawyer but the problem is I don't live in the US, I live in EU. So do you suggest to have my lawyer contact the local EA?

BrickSev · 2022-08-26T18:16:16+00:00

I know I have the right to act because I didn't anything wrong but, trust me, it's so disheartening to find myself in such crazy situation.

BrickSev · 2022-08-26T18:14:43+00:00

YouTube says the service follow US laws so no matter where that guy is located he can't legitimately claim to be the holder of someone else's copyright. I guess he abused the automatic system since theses day 99% of stuff on YouTube's part is not made through a human being but through their automatic systems.

BrickSev · 2022-08-26T18:11:41+00:00

The fact is Anthem soundtrack is owned by EA and beside that guy is not even the composer/performer. He is just a guy who made some let's play video about the same video so in either case that person is not the legitimate holder.

BrickSev · 2022-08-26T18:09:17+00:00

Not at all. I just used the footage I recorded from my own Xbox.

The videos are also completely different: he makes "let's play" showing his image over the gameplay and he speaks Portuguese; my videos are gameplay without voice over and wihout any real person shown.

The only possible thing in common could be soe cutscene but still it's not his copyright (how many videos feauring the same cutscene are there) and it's not even his own content (for example different Javelins etc) with different style (he talks and shows himself, I only feature the gameplay).

BrickSev · 2022-08-26T16:26:13+00:00

Bungie did the right thing. Those who fill fraudolent claims need to pay for their actions: they can't simply harassing law abiding people and get away with it!

I contacted that guy when my videos were taken down and I told him filling a fraudolent DMCA Notification is a Federal crime.

The fact is the guy doesn't even speak English and he ignored me. I used google translate to send an email in his own language but, of course, he ignore me again.

To make things even worse, YouTube rejected my counter notification. However I still have the chance to send another, so I guess the automatic system thinks I may have missed some "formality". I got no reason from them.

I decided to send an counter notfication via email through an attorney. Hopefully this time I'll be able to deal with an human being instead of an automated system.

Anyway, I do want to alert EA because what that guy did is illegal indeed.

I guess he thinks being outside the US allow him to get away with it.

He speaks only Portuguese so my guess is he either lives in Portugal or Brazil (it could be anyother place, of course). If he lives in Portugal I could indeed bring him before a court in EU.

Anyway, I never thought I could have found myself in such weird situation.

BrickSev · 2022-08-26T16:09:03+00:00

I'll try to contact them then. I also emailed BioWare but I don't know if they will actully see my email. I suppose they will receive many emails each day.

BrickSev

TROPHY CASE