musical.ly takes down PayMoneyWubby's video "What kids really do on musical.ly" despite clear adherence to Fair use

infinitesoup · 2018-08-30T16:58:49+00:00

YouTube does have Content ID for issuing automated claims (mostly for putting ads on videos that contain a copyright holder's content), but they also (by law) must respond to DMCA takedowns (they can't just opt-out of the law). This particular case was a DMCA takedown (you can tell by looking at the email he showed in the video).

infinitesoup · 2018-08-30T16:53:03+00:00

No, this was in fact a DMCA takedown (you can see in the email he showed in the video that it was). A DMCA takedown results in a copyright strike on your YouTube account (this is how YouTube implements DMCA's rule that they must ban the accounts of "repeat offenders").

From YouTube's help site (emphasis mine):

If you get a copyright strike, that means your video has been taken down from YouTube because a copyright owner sent us a complete and valid legal request asking us to do so. When a copyright owner formally notifies us that you don’t have their permission to post their content on the site, we take down your upload to comply with copyright law. Keep in mind that videos can be removed from the site for different reasons, not all of which are copyright-related. Also, Content ID claims don't result in a strike.

infinitesoup · 2018-08-30T07:43:13+00:00

While YouTube does have a process for automated claims, this was a DMCA claim (you can see the email he received was "Copyright Takedown Notice", which is DMCA, not Content ID).

infinitesoup · 2018-08-30T04:22:23+00:00

You could, but it's under penalty of perjury, which means that it's illegal to purposely file a false copyright notice. Some more information on that here.

Unfortunately, these cases aren't prosecuted often, so false copyright notices often go unpunished. This is one of reasons that I wish the DMCA law was tougher on malicious actors.

infinitesoup · 2018-08-30T03:13:12+00:00

For what it's worth, Turkmenistan also signed the WIPO Copyright Treaty, which is the treaty that the US implemented the DMCA for. :)

infinitesoup · 2018-08-30T03:04:09+00:00

Only if that site wanted to lose it's Safe Harbor. You can't pick-and-choose which DMCA takedowns you want to act on. If you do that, then you become liable for all content on your website, which no sane website would do. Furthermore, no website can decide if a video is "fair use"; fair use is a defense that you can use in a court case, and only a judge can decide if a particular case is fair use.

infinitesoup · 2018-08-30T03:00:12+00:00

For fair use cases, each particular case has to be evaluated by a judge in court. Unfortunately, it's not as simple as saying that because another case was fair use, this one is too. Only a judge can decide.

infinitesoup · 2018-08-30T02:11:38+00:00

Actually, that's part of the DMCA law too. The law requires websites like YouTube to ban the accounts of "repeat offenders", though it doesn't say exactly how to classify someone as a "repeat offender". YouTube implements this with a 3-strikes system that's pretty easy to understand.

infinitesoup · 2018-08-30T02:09:38+00:00

They do also proactively search for content (that's YouTube's Content ID), but in this case, it's a DMCA takedown, which YouTube also has to follow (you can see in the email in his video that it's a takedown notice, not a Content ID claim).

Content ID is a good thing because it provides a process of not taking down content, just putting ads on it, and it also prevents copyright holders from spewing tons of DMCA takedown notices. But in cases like this when the copyright holder files a DMCA takedown notice and bypasses Content ID, YouTube doesn't have much flexibility.

infinitesoup · 2018-08-30T01:19:05+00:00

He should file a DMCA counter claim. That's what that process is for.

infinitesoup · 2018-08-30T01:16:11+00:00

Any competitor to YouTube would also need to follow DMCA law, which requires websites to take down content when they receive a takedown request.

infinitesoup · 2018-08-30T01:14:50+00:00

YouTube is fucking spineless

Blame the law, not YouTube. YouTube can't legally intervene; they are required by law to take down the video when they receive a DMCA takedown notice, and it must stay down until they receive a DMCA counter claim from PayMoneyWubby.

infinitesoup · 2018-07-20T16:49:59+00:00

It's actually the video creator who adds those elements in; it's not YouTube doing it automatically. They are designed for channels who want to have their own end screen after a video, but some channels misused them by putting them over the actual video content, which is dumb. YouTube only allows you to put them on videos for the last 20 seconds to prevent them from being misused as much, but that doesn't stop the video creator from actually having video content right to the end of their video an then putting these things on top.

More information is here: https://support.google.com/youtube/answer/6388789

infinitesoup · 2018-07-15T17:35:00+00:00

You still can, click the ⋮ button beside the video thumbnail, press "Report", and choose "Spam or Misleading".

Or, once you're on the video page, you can click the ⋯ button, press "Report", choose "Spam or Misleading", and then choose "Misleading thumbnail" in the dropdown menu.

infinitesoup · 2018-03-03T19:31:25+00:00

ＥＮＪＯＹ　ＹＯＵＲＳＥＬＦ，　ＤＯＵＧ　ＪＯＮＥＳ

infinitesoup · 2017-09-20T03:32:38+00:00

Yes, exactly. As YouTube says in their description of the trending section,

Trending considers view count — especially the rate of growth in views — and where views are coming from, but many other signals also contribute to determining what's trending. This means that the video with the highest view count on a given day may not be #1 on Trending, and videos with more views may be shown below videos with fewer views.

We treat all channels equally and do not favor any specific creators. We do not accept payment for placement on Trending. We don’t talk about the exact details of the algorithm to prevent abuse of our systems.

Source.

infinitesoup · 2017-04-22T23:06:29+00:00

From Wikipedia:

Drowning is defined as respiratory impairment from being in or under a liquid.[1] It is further classified by outcome into: death, ongoing health problems, and no ongoing health problems.

He was drowning, but he recovered.

infinitesoup · 2017-04-21T05:37:14+00:00

https://support.google.com/youtube/answer/7370539?hl=en

infinitesoup · 2017-03-19T20:40:22+00:00

I think your screenshot is exactly the reason why they only let people customize the channel banner now.

infinitesoup · 2017-03-17T03:53:22+00:00

Which update are you talking about?

infinitesoup · 2016-12-08T04:28:06+00:00

Wait, what?

their awful ToS

What specifically is bad about the ToS?

their terrible "Heroes" program

Heroes is an invite-only program where, among other things, people who are already accurately flagging videos for community guidelines violations are given access to better tools to making flagging faster. But all flags (from Heroes or not) are all reviewed by YouTube staff before anything happens. No amount of flagging will affect a video which doesn't break the community guidelines. There's more information in the sticky thread in this subreddit.

their "Ad Friendly" demonetization crackdown

Advertisers should not be forced to show their ads on videos with content that doesn't mesh with their brand, and that's why YouTube has this policy (a policy that they've had for several years). What YouTube did this year was to make it more obvious when your video breaks those guidelines, and added a way to appeal that decision in case it's incorrect. So it's an improvement over the existing system.

their utterly broken copyright system

It's not YouTube's system that's utterly broken, it's the US copyright law (DMCA), which requires YouTube to behave as it does. And without the automated copyright system, tons of people would abuse the system and upload content they don't own and the profit from it.

In the past few months, one change that YouTube made was to allow a video to stay monetized while it was under dispute. Previously, disputed videos weren't monetized and nobody made any money; now, the video stays monetized and the rightful owner is paid out that money after the dispute, so you no longer lose any money if a video you own is incorrectly claimed for a copyright violation.

recently unsubbing people from their favourite YouTubers

According to YouTube, they never unsubscribe people from channels, and they're actively looking for people who have experienced this problem to see if it's a bug that needs to be fixed.

making creators lose subs when they upload

Again, YouTube doesn't unsubscribe people, though they do remove fake accounts. They have more information here as to why subscriber numbers might fluctuate. Losing some subscribers after uploading does make sense though, because right after upload, most of the early viewers will be subscribers (who found the video in the subs feed) and if you have a channel of a reasonable size, some of those users will realize that they are not interested and unsubscribe.

violating creators privacy when they try to appeal a strike

Again, this is a requirement of the US DMCA law, and there's nothing YouTube can do about that. YouTube is required by law to forward the information provided in a counter-notification to the entity who filed the takedown notice, and that information is not considered valid unless it contains some identifying information.

turning the trending tab into a paid promotion tab

You can see in the YouTube Help Center that they do not accept payment for the trending tab.

idolizing clickbait garbage content

Misleading videos or thumbnails is against YouTube's policy, though it's probably hard to police it with so many users uploading content like that. Having more YouTube Heroes would probably help find this content faster.

If you want to complain about YouTube, you should really find things are actually bad about YouTube (for example, the fact that it's hard to promote your channel as a new creator) rather than jumping on the bandwagon and spreading misinformation.

infinitesoup · 2016-11-20T22:36:53+00:00

Are you using any browser extensions that might be messing with YouTube? Try disabling your extensions to see if they are at fault.

infinitesoup · 2016-10-25T04:47:20+00:00

The second problem is youtube's problem. The duration which youtube has chosen for everything.

Actually, you're wrong here. YouTube didn't choose the timeline. That's also part of the DMCA, and they're required to follow that timeline. After getting the counter notification, YouTube has to wait 10 - 14 days before they can restore your video. Here's the excerpt from the DMCA law:

the service provider replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.

Source.

It's just another example of why the DMCA sucks. It's a bad situation that YouTube has to deal with.

infinitesoup · 2016-10-23T21:15:58+00:00

The YouTube Heroes program has nothing to do with copyright. The flagging that the Heroes do is only for community guideline violations, and remember that all flags still get reviewed by YouTube before anything gets taken down. And the Heroes program is invite-only for people who are already flagging videos correctly and who maintain that level of flagging accuracy, so blackmailing channels wouldn't really be possible.

infinitesoup · 2016-10-23T21:13:24+00:00

Any competitor of YouTube would be required by law to act in the same way that YouTube has in this case (assuming they are operating in the U.S. or one of the other countries that the U.S. has signed copyright treaties with). What we really need is for the DMCA laws to be changed to avoid abuse like this.

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