upidstay
@bellsouth.net
| Just Can't Please Everybody
Poor Google, in its attempt to "do no evil" is having
to do instead "the lesser of two evils" resulting from
legal pressure. Google probably does not have the time or
wants to go through the trouble of verifying that a
takedown order is fake or not, since noncompliance to a
legit order (whether if they could discern whether it was
fake or not) would get them into deep trouble. In this
world you just cant please everybody since one decision
you make for one side will nearly always be critisized by
the other. |
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moonpuppy
join:2000-08-21
Glen Burnie, MD | That didn't take long.
I was wondering when the fake DCMA notices would start flying in. And looks like they have already started.
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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| So why is Google at fault here?
The DMCA requires the host to expeditiously remove the content when they receive the official request. The request must have:
•A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
•Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
•Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
•A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
•A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It's all based on initial trust that the person issuing the DMCA take down notification actually is who they say they are.
In this case, all that it would have taken was when Google notified the original content poster that the video was taken down for them to issue a counter notification. Then at that point Google could determine what is up.
If Google has to research each and every DMCA notice, it would completely bog down the process and content definitely would not be removed in a expeditious manner, one of the provisions granting safe harbor.
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Go Colts |
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TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
 ·Sprint Mobile Broa..
 ·Comcast
| reply to upidstay
Re: Just Can't Please Everybody
I don't see the problem. The work was restored after the proper owners were notified. Isn't this how it is supposed to happen. And if the work wasn't on YouTube for a day or two, who cares??
Those complaining just don't want the DMCA to be in place because they feel no one should block copying at all. They prefer a free for all with no copyright laws because they don't want to pay for anything.
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My BLOG
My Web Page |
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upidstay
@bellsouth.net | reply to cdru
Re: So why is Google at fault here?
If Google has to research each and every DMCA notice, it would completely bog down the process and content definitely would not be removed in a expeditious manner, one of the provisions granting safe harbor.
Just like both you and I said |
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RARPSL
join:1999-12-08
Suffern, NY
| said by upidstay :
If Google has to research each and every DMCA notice, it would completely bog down the process and content definitely would not be removed in a expeditious manner, one of the provisions granting safe harbor.
Does the DMCA allow for a case where the Take-Down orders keep turning out to be fake so that they can be ignored until the poster can be given a chance to dispute them. IOW: Start out with the assumption that they are valid but once the claimed owner gets a track record of lying to not do the removal until the actual poster has been given a chance to counter-claim ownership (instead of doing the removal before giving the uploader that opportunity). |
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RadioDoc
58ef2c0
Premium,ExMod 2000-03
join:2000-05-11
 ·AT&T Midwest
| reply to TKJunkMail
Re: Just Can't Please Everybody
MPAA politics aside, you're right. YouTube is a free service, they can take contributions down for whatever reason they want, let alone DMCA notices.
The same thing would happen here: User posts material. Someone complains via hey-mod that material violates copyright. Moderator "hides" post via system controls while checking with fellow mods via private mod forum post. Hey-mod is found baseless or Justin doesn't think it warrants action, and post is returned to visibility. Pretty easy stuff.
A DMCA notice carries the weight of law. Google would be idiotic to just ignore one, even if it is fake. Putting the onus of proof of ownership on the poster is where it should be. Google would not have any way to do it independently.
This is one case where they made the right decision.
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Toolmaster of La Grange. |
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Jason Levine
Premium
join:2001-07-13
USA
| reply to RARPSL
Re: So why is Google at fault here?
The TechDirt article states that filing a false DMCA takedown notice is against the law. While this teen might not get arrested for his stunt, he likely would get sued if he continued to send in false notices. And if he sent in a hundred false notices before sending in a valid one, I think Google would have a good case as to why they didn't follow the valid take down notice in a timely matter. |
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AnonProxy
Proxy of Anon
Premium
join:2001-05-12
ß | reply to upidstay
Re: Just Can't Please Everybody
FYI: That BS Google Don NO Evil is just that...they've done plenty of evil...
Google Do Not Harm the Profit |
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richardpor
Fur it up
join:2003-04-19
Portland, OR
| User Generated Media Utopia VS Reality
Both Broadband Reports and Techdirt misses what I fell is the lack of knowlege of ethics and philosophy concerning human nature. To put it bluntly we are not angles. We can be evil, selfish, self-center sobs. I have to roll my eyes ever time some wide eye euntrpenure announces the next big user generated thing that’s going to allow anybody to contribute and will bring the world closer and we will have world peace and will be virtually holding hands singing Kum Ba Yah. It makes me want to vomit. What these ignorant net gurus do not understand out in the world there is a narcissistic twit waiting to gum up the works.
YouTube is no exception. Type in Christmas lights and one will see at least 20 users posting the same crappy video. Some even inset there own splash screens acting like a big media company. Why, because it all about them. It all about “look at me me me, I can post a video on Youtube” it is about stoking personal egos.
I have a gut feeling that the bogus DMCA is not just do gooder vigilantism, but escalation of narcissism on YouTube. Instead just ripping off content to get people to your site one starts using bogus DMCA to shutdown the competition. To me it might not be the end of user generated content but It could means is sinking to a new low. |
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thender2
Glamour Profession
Premium
join:2004-05-16
Staten Island, NY | reply to AnonProxy
Re: Just Can't Please Everybody
I spelled that out thinking it was an acronym of some sort. Very clever, and I like your reasoning behind that claim. |
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lflarry1
Analog Is Not A Myth
Premium
join:2003-07-15
THE VOID
|  CNet Says" youtube filters "are close to being turned on
»msn-cnet.com.com/Schmidt+says+Yo···ag=mymsn
---------------------------------------------------------------------------------- ------------------------------------Well, if this stuff goes into effect Youtube might as well go pfffffttttt!!! Self destruct sequence is now on.
Hey....Will the last one to leave PLEASE TURN OUT THE LIGHTS!!! 
Bye Bye....... youtube,
it was nice while it lasted.
And it's also a shame because I know that having those vids up there sold music for the dumm Bastids!
How stupid can they be? Yikes 
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My Boss thinks entirely in One word Questions:Why?, What?, When?, Where?, How?, and Who? |
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