Weird abuse path that should be fixed. Watch the stream here: piratesoftware... Join the community here: / discord #Pants #Twitch #PirateSoftware Edited by Sunder
This has been used by smaller creators. We don't hear about this because they're so small. Heck, it happened to Bungie when someone was impersonating them.
Yep happens to literally hundreds of small creators all the damn time. Nothing they can do about it because they don't have a community of hundreds if not thousands of people @'ing youtube support on twitter spamming them to pay attention and fix their shit. Honestly I don't know why RU-vid is the only platform that has such an issue with this. I don't see DMCA claims nuking Twitch channels or Twitter accounts.
Yeah, DMCA was designed over 20 years ago and it really shows - it was created for a world where it wasn't possible to produce stuff for a worldwide audience without having a large company and lawyers backing you and checking the compliance of everything. Now that the barriers to entry both on the sides of creating content and of filing claims have been dramatically lowered, it just doesn't hold up at all
it was created for corporate enforcment. bought and paid for. these issues where pointerd out when newgrounds was terhr big streaming site, and youtube saw these systems abused instantly. to the point there where entire networks of channel hosts and their managers sprung up to try and counter dmca trolling.
DMCA was stupid and broken from day one, this abuse has been going on the whole time in one form or other and its never been systematically addressed by RU-vid or anyone else.
@@madman4043 It is tough. Its the other way around. The whole DMCA system was created to quickly take down videos while an investigation is going on. On good faith, it allows company to have time to protect their copyright and reduce losses caused to their image over long judgement process. On the bad way... well it allows shit like these to happens. But I agree thats 100% RU-vid fault, they don't need to act so trigger happy or giving strikes or make manually fixing this issue so freaking annoying.
What many people don't know: You are allowed to use c/o addresses for a DMCA reply. When you set up your internet presence, make sure you talk to a lawyer and ask them if they will represent you for DMCA. If they agree, you can tell RU-vid something like "Send the person that wants to sue me the following address: , c/o Lawyer McLawfirm, lawyer's address". It has the added side effect that many people won't even sue in the first place because they expect your lawfirm to be an expert in that sort of stuff.
@@WowCreativeUsername You kind of need thousands to be an internet creator period. A computer is going to run you 2k+ easily. The recording software and gear will easily start in the low 100s. Then you need to have editing software, a camera, and so forth. By the time you've started up you probably have a small investment of 4-6k minimum. Which will rapidly be outdated and need to be updated. Sure, you can just post shitty little vlogs, on low quality cameras, and maybe get a start, but it's not the early 2000s anymore. No one really wants to watch, or listen to a shit quality video, except for the most niche communities where a person is usually an expert at what they do. Be it a specific game, or so forth. You don't *need* the fancy gear to try to start up, but like 90% of YT channels who post content have less than 100 viewers. So if by "Creator" you mean like a full time, or even part time job that makes you money. It's not happening. So unless you are just posting videos for the genuine love of a topic to be a "Creator" rather than successful, you need some money.
@@HauntingSpectre I mean... - FOSS editing software exists (e.g. Shotcut), and you should prefer it over proprietary garbage - What do you need a camera for...? - No, a computer doesn't cost that much. A high-end one like mine maybe, but not an average one.
"This could be used against smaller users on the platform" It already is, it's been a massive problem for years. There's countless stories every week from upstart or recent channels being hit by this system and either their information being leaked resulting in attempted ID theft, blackmail (often with ai nudes), IRL home/work visits by stalkers, etc, etc. RU-vid knows this is a problem and they will never do anything to change the system because doing so would void their immunity to moderating content on their platform and being held liable.
@@lightjohn125 sadly it's something Thor also does, recently he's been DMCA'ing videos by smaller creators criticizing his opinion on live service games
@@Kero-zc5tc I've seen Thor publicly say that he does this, but it's against the clear copycat channels that just rip and reupload his shorts and stuff. With names like "PIrateS0ftware" or something like that. I can't say to @Aegis--- claim though.
@@Ronald.Golleher yeah but that’s not misabuse of power, it’s proper use. All this really tells us is he knows how to dmca which isn’t really for or against him misabusing power
The fact that it is illegal to falsely abuse DMCA but thousands get away with it is the frustrating thing. It's got to be up there in the "laws that get broken without punishment".
The protection in the DMCA for counterclaims is about as useful as wet toilet paper. It looks serviceable but it's extremely in favor of the claimant. And if it's a false claim? There are penalties but as far as I can tell that's only ever been pushed a handful of times. It's a very 2000-style written legal process. So after the counterclaim is won (in court), the counterclaiming party can sue the false claimant in court and you get to have another lawsuit where the plaintiff is the counterclaim winning party and the false DMCA is the defendant. The entire process (and I only have a bare bones outline; keep salt at hand I could be wrong) is expensive on the parties involved. RU-vid is only connecting the claimant and counter-claimant to let the legal process move on to the next exciting stage.
It's technically illegal, but practically there are no penalties for false DMCA claims, and also practically you can DMCA from outside the US without that much validation so the supposed remedy of suing -- aside from the timelines of an actual suit being deadly for small creators, not even accounting for the lawyer fees -- is impossible.
As far as I'm concerned copyright should only be enforceable within the first year the product or service is released to the public, as it then becomes public domain. Most of the profit is made within the first year anyway. If you need to have the property protected long term, then you should be filing a trademark. And even then, it is only protected and enforced so long as actively used. This way you can't have companies like Disney and Nintendo holding their property in legal limbo until the end of time.
@@viedralavinova8266 Honestly I think tying it to a duration of time never made any sense. It should be set up so that after something is seen by a certain number of people, it loses copyright. That way it still protects small creators, but doesn't help bigger creators like Disney that don't need the money anyway.
@@globalincident694 that's impossible to tell though. There's no way to know how many people are listening to something or watching something only how many accounts are interacting. TV companies cant know if there are two people on the couch or ten. Imo the best way to handle DMCA strikes is just to hold the money for a month, not block the account or content. If the accuser can prove its their copyright within that month the money goes to them, if not the money is released back to the one who posted it. I also think that if something does infringe on copyright it should be left but but all money made should go to the copyright holder.
@@shadowsonicsilver6 Somewhat related I think. Nux was spreading misinformation but IIRC some stalker is the cause of the takedowns. There's some videos where taiga explains everything on the "Functional TaigaHolic" channel.
@@shadowsonicsilver6nux drove the nail deeper into the coffin than it ever should have been. (for the record, i hate that taiga was deplatformed and they should 100% have their stuff back.) i always hated that guy for his.. lets just say adult content focused videos. it pissed me off so much more when i heard he could have done something to help taiga and instead tripled down on false allegations and lied about apologizing.
@@shadowsonicsilver6 Not sure to be honest. The problem is that misinformation spreads like wildfire on the internet. We've seen that from the Godot drama. So it's entirely possible that Nux is completely in the clear and all the drama is just haters parroting off each other or he could have a hand in all of this and we wouldn't know either way.
@@shadowsonicsilver6 Nux didn't *help* the situation--people who farm drama for content and don't quickly take full accountability for their own part in spreading lies never do--*but* the actual problem was a stalker who intentionally abused the kludged-together systems that allow for this to work. I think they even said outright they were also going to do it to other channels.
@@PipkinPippa its sad how RU-vid hasn’t updated their copyright ToS and small creators get screwed over unless they have large followings like Iron Mouse has
You kind of can't appeal them at all if you aren't a pre-approved content creator. As Kaif has shown us, they let AI handle the counter-notification part of their DMCA system and as we learned from FeFe, they do not allow human review for channels that aren't partnered/monetized. Fortunately for him, he was partnered on his main channel, and thus was able to get in contact with partner support who quickly fixed things for him.
@@dominicius77 It's getting really annoying and frustrating how people shit on youtube for ANYTHING that happens that is even slightly related to RU-vid. Something good happens? RU-vid didn't do that. Anything bad happens? RU-vid & Google are pieces of shit for allowing this to happen.
@@dominicius77 I think each DMCA should trigger background checks on the person submitting the DMCA and should be mandated to be done by a real person/people.
My channel is far from immune to copyright claims, the vast, vast majority completely legitimate and I have never disputed them. I spent years uploading unofficial remixes of popular songs, the original labels are within their rights to claim those. I’ve only ever had two DMCA takedown requests and one of them was on a song I’d uploaded which had used samples from a remix competition. The remix artist had requested I upload their song, not told me that it was part of a remix competition, and then it got taken down and a strike issued. It took three months to solve with the original label, even though I told them I’d take the song down, because this was when strikes lasted six months. My channel was at risk for months because I promoted a song I’d been asked to, because that remix used samples the label sent out for free in order to promote their song. It’s a broken system. It’s stupid. It’s not RU-vid’s fault. The worst bit is we all have to follow American law because it’s an American site, and America is awful at passing legislation these days so I have no faith it’ll be fixed anytime soon.
@@kyotra Why would someone who lives in America bring up any other country when talking about problems they personally have? Dude isn't going to bring up a place they're unfamiliar with, because they obviously are unfamiliar with other places problems by virtue of not living there, also relevancy. People mention things that are relevant to their situation and that they're familiar with, they're not going to bring up India's government problems when they're an American having problems in America. This is basic logic. Frustrated English speaker: "God, English is such a dumb language sometimes" You: "English? Dude, every language is dumb sometimes."
@@MammalianCreature Because some countries claim jurisdiction, for instance some Japanese publishers will DMCA you if you even mention their product. Some nations like England will block out content, such as songs which happened recently due to changes in their law, being in a country does not mean another country's laws can be ignored.
The people who do that shit are awful. I’m glad she got her channels back. I don’t really watch her videos besides her collaborations with Connor, but damn
So long as everyone acts like they can make money off royalties for claiming it'll keep getting worse. The only way is to start making everything public domain.
@@viedralavinova8266 that's the stupidest thing I've ever heard. If everything is public domain then we will enter a corporate dystopia where all small creators earn nothing and the giant platforms who distribute media will be making all the money.
This strategy of collecting information for doxxing via DMCA was used by "Low tier God" against some smaller creators who didnt like him, then he put their information on blast, google street viewing houses on stream, etc. I can't remember what happened in the fallout, but this is indeed scary to think about.
Every once in a while this happens to a creator who's big enough that YT notices and fixes it. And then some people come out and talk about how this needs to change and how YT has to do something about it. Then nothing happens until someone big gets hit again. Those small ones just disappear without a trace. It's going on for years. YT's system is so great that you can get three copyright strikes at once on videos you made years ago and that moment you're history and nobody cares.
There's a problem and a good reason you can't fight back on youtube, besides them not caring: They have not implemented the system legally. According to the law they are required to have someone execute an ACTUAL DMCA claim, which is fraud and perjury. But youtube's system does not actually require you to file that, just tell youtube 'this is mine'. It is not legally binding till after you have shared your private information and force them to the court stage, at which point they can back down rather than file the real claim to bring to court.
@@aRandomFox00 Probably, though the issue remains being able to drag them into court. Small creators can't afford it, but this is probably why they're quick to fix things for large creators, since they could but don't have a reason to if the problems taken care of.
This is the exact same reason why a lot of creators on Second Life left because they got copyright claims they can't fight because they'd have to give up their privacy in a fake digital world where you don't have to be yourself. It's really unfair since the person making the claim can NOT actually own the copyright and be fraudulent.. it's like you're guilty before you're proven innocent, by fake people. It's a complete scam
Not only does the person making the claim not need to prove that they actually own what they're claiming, but 99% of the time they don't even use their real info. If someone can send me a DMCA claim while pretending to be someone else, I should be allowed to call BS without giving them all of my personal info.
@@Bokatrice Exactly. I've been copyright claimed on some of my videos in the past from the background music that i know is ORIGINAL music from the game's developers/publishers who said they will not make DMCA claims on videos/streams that feature that game. So I KNOW doesn't belong to the claimant. After hearing Thor's explanation it makes sense now I got hit with copyright claims. There is no way to refute what you already know is a bogus claim, there's no way to verify claimant has any actual rights, as RU-vid makes ZERO effort to vet these claimants. You're automatically guilty for 30 days so they can make money off your videos before the claim is lifted. It's just massive SCAM that RU-vid perpetuates with their ads that 90% of people block anyway.
I know a smaller channel who did some "laugh at these cheaters videos" content, they had some claims or strikes made against their account by one of the cheaters. I forgot if they were youtube related strikes or DMCA strikes, but yeah. The channel in question decided to hire a lawyer who would basically be the buffer between them and the person striking them, the claimer got their lawyer's info, not the info of the channel. This was supposed to be in-line with youtube policy, and after much headache actually worked.
@@ldratol4517 I was thinking of the Valorant one also there was also a couple of Overwatch ones over a year ago, but it wouldn’t surprise me if there were unfortunately a lot more videos like these out there.
More context for the video I think you're referring to: When he first had his lawyer submit the counter-notification, RU-vid straight up told him that he wasn't allowed to have a lawyer submit it on his behalf. So he forwarded his Lawyer's response from his own E-Mail and was denied with RU-vid advising him to seek legal counsel before filing a counter-notification. This made it pretty clear it was not actually reviewed by a real person, and the only reason he was able to get the issue sorted was because he was partnered on his main channel, and thus was able to get in contact with Partner Support.
0:52 IIRC it already has been. Pyrocinical was targeted by someone doing this several years ago, but managed to give them old info and there was someone else who talked about a former hacker and he was targeted using the same attack only to discover he couldn't have a lawyer sign for him, leading to the former hacker getting his last name and harassing his family.
0:34 i have worked hard on my channel for over 10, nearing 11 years - i haven't been successful enough that if i faced this issue, i wouldn't be able to get enough help to turn things around ..i'd be done
Slight correction: Only the VOD channel got DMCA'd. The main channel was banned due to the "ban evasion clause." So basically, if a channel from a creator gets banned on RU-vid, all that creator's channels will eventually be banned as well since it counts as a "second channel to evade the ban."
@@SunbearSmoke Strange. There's literally a "Switch account" button in the RU-vid main menu. Also it's my first time ever looking at the TOS but a quick page search of "account" and I didn't immediately see any language forbidding multiple accounts. Did I miss it?
youtube has no choice, DMCA is a law that was passed eight years before youtube even existed. The law requires all online service providers allow copyright holders have a way to remove content. RU-vid has to take down the content WHEN THE CLAIM IS MADE. They do not have a choice as a US company. "If a notice which substantially complies with these requirements is received the OSP must expeditiously remove or disable access to the allegedly infringing material. 17 U.S.C. § 512(c)(3)(B)(ii)"
@@Yellowredstone They don't have a choice we need to get congress to change the law. "If a notice which substantially complies with these requirements is received the OSP must expeditiously remove or disable access to the allegedly infringing material. 17 U.S.C. § 512(c)(3)(B)(ii)" RU-vid has no choice but to remove the content when they get the claim even if its not a real claim.
I have to inform you that The DMCA passed in '98, ten years before youtube even existed. This has absolutely nothing to do with youtube and has everything to do with who we in the US put in office. If you want better vote.
@@limerency5834 No crap DMCA existed before RU-vid, but they were never finished with this system like I said. There allegedly were plans to make it better and still have it comply with DMCA. Then again, the previous RU-vid CEO said multiple times they would create a better system to communicate with them outside of using Twitter, and we don't have that years later and now she died of cancer.
This is a great example of the law getting too far ahead of the technology. It doesn't just shut the door on legit uses, it also opens doors for unforeseeable abuses. DMCA is built around 90's tech. Sites like RU-vid didn't even exist yet, and most of the current situations it just doesn't work.
Happened to the German Community. Someone hacked into two E-Mails from Nintendo and tried to DMCA strike a big Nintendo RU-vidr called Domtendo but also American ones where included in this. Causing them almost to be shut down. Dude had like depression poor guy. Apparently this has been going on for years with this person and half of the DMCA strike came from him not even Nintendo themselves. Issue has been resolved and they are trying to catch that guy or he already got catched. RU-vid should really do something against that.
I'm not sure if it was because of the backlash. Vshojo was getting lawyers involved and I'm pretty sure that's the reason for their return. It still holds to your point that she had more resources to fight this than the average streamer.
@@LunaExpiX They don't actually. Its why they set up the system the way they did in the first place. It removes their liability since they're not the ones issuing the strikes. Maybe research the actual legalities before saying who can sue who.
@@LordSiravant SR_Kaif has a video describing his process of getting the stuff sorted. And it worked for him to have his lawyer do it without having to give out personal information
DMCA requests should have to prove their claim to be able to do the takedown before it is taken down and not the reverse. That will always be possible to abuse.
I agree. But DMCA is designed to remove stolen copyrighted content as fast as possible. Anything that slows down the current process isn't gonna fly because music companies will complain and they have more money
As a creator myself, I hate that doxxing yourself is the only way to protect yourself. People often threaten to kill my pets, so I cannot have my location leaked, and then as such I cannot protect myself in the case of false copyright.
I'm seeing other people say that if you go through a lawyer, you send along the lawyer's information rather than your own, thus protecting you. Might be worth looking into if you can
@@Zichqec yeah, I’m going to make an llc or similar shell company and register it through the address of an accountant office or similar. Lawyers are very expensive so a big friend in this field recommended avoiding them unless no other option exists.
@@Zichqec Unfortunately no. RU-vid will not allow you to have a Lawyer submit it on your behalf, and if you aren't a partnered/monetized channel you'll likely be automatically denied by an AI anyway.
EDIT: Some people in the comment section have pointed out that the following strategy doesn't work the way it used to. Leaving it up for clarity and awareness. Form an LLC you wholly own, pay someone to create BGM (it's important that it's entirely original and that you wholly own it through the LLC) for your content that the LLC wholly owns, put that copyrighted music in all your content (which you should also file all of your content as IP of that LLC), and then - and this is key - pre-emptively copyright claim your own content through the LLC by having the LLC claim the content has their music in it. This way you get the money from the content and it prevents people from copyright striking your content through spurious claims, unless youtube has changed it so multiple strikes can be up at once. Use the system against itself until the system gets fixed.
There is only one problem with that idea, Dragonforce got falsely DMCA'd and they own the rights to their music, they still had to complain to RU-vid to get it fixed. Owning all rights to stuff does not prevent false DMCAs. The only real ways to solve the issue are to either repeal DMCA entirely and replace it with a better written law, or make a new law that gets tacked onto DMCA that fixes the problems.
@@Dartingleopard You missed the point of my comment. You have to pre-emptively copyright claim your own stuff through the LLC. You form the LLC and put everything under it so that the LLC can file the claims/strikes on your behalf. Unless RU-vid has changed their system, something under a copyright claim cannot be claimed again. That prevents the fraudulent claims from ever happening. It's not about ownership, it's about abusing the strike system to your own benefit.
Last i checked, you can have multiple DMCAs on a video from different vendors. And your idea works, but i think it's until you get multiple DMCAs on a video... Then the revenue starts being split (i think?) Or the revenue is halted altogether and it goes to youtube?? I forgot exacts, but i remember someone "fighting" a dmca troll by dmcaing their own videos like youre saying to do
Wow, that is absolute garbage behavior. Sucks that the system is set up like that, hopefully RU-vid can find some legal workaround that stops people from abusing the system.
RU-vid doesn't give a single shit. They are quite busy in fighting against adblockers. Or else they would work on the bot problem in the comments for example. It's all about their ad-money. If you don't bring them enough ad-money (enough means a whole freaking lot), you cannot even speak to a real person if you have a problem. You just get a bot that tells you that "there is no problem, even if you may not agree with that".
I feel like, taking a moment to actually investigate if the claim is real in the first place should be legal, and allow them to stop this. I would be baffled if legally, youtube has to just let every single DMCA strike go through without at least being able to check that the person making the claim actually owns the content like they claim they do
As with most "protections" on the internet, it's about making the internet less anonymous. The people in power want to know everything you do, even if it exposes your data (intentional or not? You'll have to decide for yourself.) to people with bad intentions along the way.
You don't need specifically US's LLC, every country has some form of legal entity you can form, which can either represent you, or to which you can transfer copyright for all your content.
RU-vid is absolutely abysmal with how they just allow copyright trolls to run rampant. Smaller channels struggle to survive and a lot of people wont have the knowledge to combat these fraudulent claims. If youtube actually cared enough to even have a single person look over a case for a few minutes before *deleting an entire channel* they would be able to easily stop it from happening.
1:45 A Company called Epidemic Sound has done this exact same thing. They will Copyright claim and strike your videos even if you have paid for a license by them. They have targeted smaller creators that use their service, NEVER SIGN A THING WITH THEM.
I've never had an actual strike from Epidemic Sound and have used them for 3 years. Claims pop up for the artists on occasion or someone that's used the instrumental track and added their own lyrics, but in every case, they have removed the claim after I have disputed it. They do have some weirdness on RU-vid shorts for a while, but never a strike. I just quit doing the vod channel thing on RU-vid to be honest.
Poor Ironmouse. It'd be so cool if we could just build a platform, a community that doesn't do sht like that. But sadly with millions of users there will always be deviators
finally someone who could explain the situation in a simple straight forward manner. Everyone else, including ironmouse herself, spoke about it in some mysterious secretive manner
Why isn't the DMCA requirements on the one who makes the claim? If you're claiming x song is yours, proof should be needed before a strike ever happens. This whole "we believe you until the accused proves otherwise" is so un-American
So process was designed for Large Enterprises dealing with Large Enterprisies. Immidiete takedown of the offending material insures that entity filing DMCA claim is not hurt by someone using theier Intelectual Property. In the world where DMCA was envisioned after the takedown of the ofedning material was taken civil lawsuits would be filled to figure out this shit. Now when one person can just fille this shit out without following trough to the Court phase it is easy to abuse.
If this was taken to court it would most likely have gone in Mouse's favor. Problem here is that the claimer probably provided proof, but the proof won't actually be looked at closely until it got to a court (or got enough attention for YT to manually look at it) so they can just submit anything. This includes essentially a note that just says "trust me bro". The system works like it does because YT are really really scared of being forced to be held liable for the copyrighted material on their platform. So they more or less just automatically say whoever did the claim probably was correct and for the claimer and claimee to solve it themselves. This allows them to dodge any angry copyright holders since they just immediately step out of the way and dump the problem on the uploader. The issue boils down to big corporations have a lot of money and power while the individual doesn't. Big corporations can therefore create big problems for YT while a individual generally can't. Corporations are much more likely to be the ones striking others instead of the other way around, so YT massively favours that side. So this problem is exactly the opposite of un-American. We really need either a realistic competitor to YT so creators can threaten to leave the platform without losing their livelihood, or a lot of updates to DMCA laws. Preferably both.
Idk why it's like this, but it's been a problem for like a decade at this point so I'm not sure why some lawsuit hasn't made RU-vid change it's dmca system
They are on the person submitting the claim. There's this neat thing called fraud. The way it works is the person/company/people make the claim submit their info then the strike is issued. The recipient of the claim also submits their info and it is filed for court. The parties involved then fight between each other over who has the valid claim. The thing is the false claims are often coming from outside the country and it still costs money to fight the false claims. A lot of people commenting on this video have 0 idea on how anything works and are just making it up as they go because they are angry. If you don't know anything stop commenting and start asking for help understanding how it works.
Go to a random class of 16 year olds in a low-middle income school. Ask how many of them have their own personal lawyers on call. They'll look at you like you're insane.
Those two statements are not contradictory. It can 100% be an issue with current DMCA, while also having an easy solution in RU-vid doing their job and providing assistance to CCs without taking long or legal threats to do something
To a Vtuber like ironmouse, who has many… let’s say over enthusiastic fans, with her physical health issues, her privacy is worth more to her than anything. To abuse RU-vid’s copyright system to get this info from her is downright heinous and I hope the person or persons responsible are brought swiftly to heel
"it's why we don't post vods in our channel anymore" we live in a reality where pirate software doesn't post vods anymore due to a faulty copyright system
The worst thing with this is when some random person claims all the cutscenes in a game. So when a creator uploads playthroughs with those parts in, they get copyright striked for the cutscenes. It happens so often for small channels, that it is beyond frustrating.
Dude, this happened to me due to a cutscene from BG3. Striked by another creator (GamingTech) who uploaded one livestream of the game. My video was taken down even though all the footage was from my own recording, channel got a strike, and now he even chickened out and deleted his own video while my channel strike still stands. CRAZY.
ymfah got copyright claimed for using the skyrim theme...by someone saying it was a rappers song that had sampled the skyrim theme, the youtube legal system is a goddamn joke
I really enjoy these small clips of some really intresting topics Pirate covers in is streams that are very easily missed if your not tuned in and they are little nuggets of gold
I've seen several posts from lawyers giving open permission for people in this situation who think they are getting doxed to use the law firm's contact information on the counter-notice. I don't know if there is any thread out there keeping track of these offers, but it would be a valuable resource for someone getting targeted like this.
This may go badly. Remember this is a legitimate legal issue you're engaging in. You might think "oh its just a bogus claim" but if for some reason the person decides to follow through then you will now be forced to pay the people who you've marked as your representative. You should really only mark someone as your representative when you have an actual contract with them to be your lawyer.
The amount of times I hear about these sorts of stories where the only reason someone's lively hood wasn't ruined is because they are basically a celebrity is so depressing because we *know* it happens to smaller creators all the time and we just don't hear about it because they aren't celebrities.
The fucked up thing about dmca is they can strike non monetized archive videos because Google has the authority to force ads on videos with ads turned off. Had a csgo block fort map showcase that I did because I liked how they translated one of my favorite Mario kart for ds maps into one that works well for gun game. Even though I never turned on ads for most of my videos it was marked as demonetized along side a few other videos I turned off ads for it's really stupid that dmca is still this shit after the many fair use fiascos over the last 5 years
Kaif of Salt Raiders hightlighted the same issue including the problem that RU-vid says you can appoint a legal proxy but then rejects the counter-claim for the exact reason of not being allowed to appoint a proxy. It's been a long-running issue that people can submit a copyright claim annonymously or provide fake info. One of the read-reddit stories channels I watched got DMCA for copyright music when the videoes HAD NO MUSIC AT ALL. It was entirely narrated with some silent gaming footage playing in the background.
Copyright legislation is fundamentally broken when it comes to user-generated content and the current online landscape. It was designed to protect a few monolithic publishing companies back in the day, who saw Napster et al and wanted a quick band-aid, leading to a severe power imbalance between the claimant and any defendant.
Copyright/patents was designed originally to ensure that people could profit off something they made, without bigger entities with more resources coming in and copying them and reaping the benefits of the other person's creativity. People would stop making new things, if there were only a handful of big corporate entities making a monopoly. It was an attempt at protecting a Free Market. The problem is that over the last 100 years, those same "big entities with all the resources" just turned it around and spent money lobbying to "protect their work" far beyond anything originally intended. To the point of stifling the other end of creative works: iterations from the original. And creating stupid loopholes like this for abusers. And barring extreme vulcanizing situations, the people don't care enough to push that something gets changed so that this gets properly fixed.
The DMCA was written in 1998 when streaming video was not a possibility and everyone had their personal information in the phone book. It was a different world.
Water is wet , community been talking about it for 10 years but RU-vid is doing bare minimum but to be fair it's law fault not RU-vid , copyright laws are bullshit by design.
DMCA overall needs a rework. We see it being used by larger corporations against people not trying to compete with them(fan games in some situations) We see it used in proper context in other situations like Yuzu; even though it wasn’t used, it could have been. But this? This is targeted attacks on people. This is not acceptable.
You don't have to give _your own_ contact info in a DMCA counter-notice, just contact info for a lawyer you've paid a small one-time retainer deposit to. And it's not a lot of money either, just a deposit meant to cover the theoretical eventuality that a counter-notice might end up turning into a lawsuit, to pay for the handful of billable minutes it'll take them to deal with the first stages of process on your side and get in contact with you. Which, as a content creator who makes their living on intellectual property, you _really ought to have_ before filing a DMCA counter-notice in the first place.
People tried to do this and youtube rejected it because it didn't have the creator's actual information that is listed as the owner of the google account. RU-vid's system is just broken. Ironmouse has Vshojo representing her who can easily get legal help and they still struggled.
@@SunbearSmoke You can't, really. Like SussyBaka noted, they have all the money to win a court battle of attrition. The law is meaningless in the face of infinite wealth and resources.
@@NihongoWakannai This is incorrect. You can use a designated agent and any physical address. The point of the name and address is to provide a vehicle to exchange correspondence. It can be a PO Box or an attorney's address. It can be you or the attorney or the designated agent of an LLC.
I've not yet seen this happen to a channel without Ironmouse's popularity. However, it's very uncommon for such a channel to have the weight to go to, and stay through a court preceding. While fraudulent DMCA claims are technically illegal, they operate in the same way as S.L.A.P.P suits do to suppress smaller orgs.
@@draexian530 you haven’t seen it happen to smaller channels because they don’t have a voice and are just gone once this happens to them, with no help or recourse. The system is routinely weaponized to silence criticism and eliminate competition
@Axelarden I'm also really innatentive, but none of that's untrue. I do remember the madness Stephanie Sterling went through over Digital Homicide, but they survived that and it isn't exactly timely as an example.
> I've not yet seen this happen to a channel without Ironmouse's popularity. Probably because those just disappear without any fanfare since by definition they're not popular enough to bring attention to their disappearance?
I think Ironmouse and Vshojos lawyers may have had a lot to do with youtube bringing the channels back up too, but that's still something small creators won't have access to.
RU-vid is not mishandling anything. They are working within the confines of the law, which basically makes it so they have to be hands off, or they become solely liable for any DMCA claims. I am going to assume that you are American, in which case, if you want RU-vid to be handling DMCA better than they currently are, petition your federal government reps to change the DMCA laws. Until those changes happen, RU-vid will continue to be hands off on the vast majority of DMCA claims, because they do no want to take on all the culpability of randoms uploading copyright content and then being sued for it.
She had the security behind her to catch it in the first place, smaller creators desperately just send in their information to get their livelihood back, while giving bad actors information.
I get the personal info being legally required as part of the DMCA, but having to manually challenge 300 claims over the same claimed issue seems like it could be fixed by RU-vid.
The system is broken but it's worth noting youtube doesn't have a lot of wiggle room here because DMCA law generally gives a lot of power to the claimant in most places. Gotta have a system that works across 100s of countries often with contradictory requirements for such things. This is the kind of personal nightmare that keeps the youtube engineers awake at night and their hands are very much tied. They often get a lot of the blame when it's a mix of corpo indifference and extreme risk-avoidance measures and poor legislation that causes this kind of window for abuse to be left so wide open. I'm not really sure what the solution is but certainly just begging youtube to fix it can't and hasn't worked for a good decade or more it's been happening.
I seem to recall someone recently had this issue and they hired a lawyer to fight the claim on their behalf, to avoid doxxing themselves. But youtube was rejecting lawyer's info because "yOu CaN't UsE LaWyEr" for legal dispute even though TOS seemed to imply that was an acceptable way of doing things. I can't remember exactly what they did to make it work, but they did it without badgering them on socials. So it seems you can avoid self-doxxing without having llc set up in advance, but you still need to win at "conversation with youtube" roulette.
I wish i could get a real person to view my appeal :( lost my youtube channel with so many memories of my friends and I (ban because: uploaded a private, age restricted video of a videogame that had nudity. Stupid mistake i regret constantly, but still... come on...) I re appeal whenever I can but it never matters. I dont even care if the channel comes back, i just wish i could download all the videos. One of my friends passed a couple years back, and its such a shame i cant access a bunch of great times with him in it. All the other lads always ask about "that one video" when they remember one. I remember all of them... Gah. And come next year, I will then officially be "unable to appeal" anymore .....
my brother got banned for no reason at all a few days ago, and all he could do was appeal. the problem is that what a lot of people say to do is to complain on twitter since they tend to answer much faster because of PR and shit, but Twitter was banned in Brazil at the time. luckily he got his channel back the next day because apparently the algorithm went rogue and started mass banning a bunch of people, so they fixed it fast.
This has been a topic for years at this point and nothing has changed. I don't see it changing any time soon, but that doesn't mean we shouldn't urge yt to do something about it
RU-vid cannot do more without assuming responsibility. So unless you want YT to put in a verification process, in which they heavily restrict all future and current content on the site, they are going to stay hands off on the vast majority of cases like they currently are. YT is not about to step up and become the one who gets sued and pays for damages upon stealing copyright content..... Until the laws change to take that possibility away, YT aint changing how they handle DMCA claims.
Anyone on the platform knows this problem, For the past year people like Coffeezilla and The Actman have covered big and small situations around false copyright and DMCA strikes and it's honestly horrifying for smaller channels if a channel with any power wants to go after you.
RU-vid does deserve a lot of backlash for the current state of the copyright system. But we also must remember that most of the issues are not entirely related to RU-vid but how DMCA and copyright law works
As I saw someone say elsewhere, the issue is the DMCA is terribly antiqueted. It's one of the many cases where the law has not evolved to match the tech it's supposed regulate.
this is why ppl need to get the dmca changed bc this happens to so many youtubers streamers etc. worst part is the people striking are using an address to a black hole essentially. i tried to "track" a thing who striked somebody i knew and it was an address many scammers etc use. was a forwarding office which is a "black hole" while the other side has to use real address email banking etc for many reasons; if yt needs to contact, sponsors need to send stuff, etc. what happens during this time can be death of person sent popo, bad mail, etc or got others to do it.
Thor, i'm sure you're aware, but using different audio tracks in OBS allows for music and anything with copyrighted material to be played on for example audio track 3, and disable track 3 for the vods, works wonders at least on twitch, sure, vods have no music are are more stale, but it's the price of keeping things up, so i don't mind
