For First Time in More Than 20 Years, Copyrighted Works Will Enter Public Domain

Re:For First Time in More Than 20 Years, Copyrighted Works W... by derefr on Wednesday December 19, 2018 @08:35PM (#18721789)

You don’t need to “take it to court”; if the recipient of the DMCA complaint says to the host that they disagree with the DMCA takedown notice, the host is required by the DMCA to put the content back up (or, at least, return it to whatever state it would be in if the DMCA takedown notice didn’t happen), and it is then the responsibility of the complainant to take the other party to court.

Which the complainant will never do, in these cases where it’s obvious that it was just an overzealous algorithm flagging things it shouldn’t have—because actually pursuing damages for those situations are exactly the type of thing that make a judge issue contempt-of-court charges.

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Re:For First Time in More Than 20 Years, Copyrighted Works W... by burfog on Thursday December 20, 2018 @02:02AM (#18723016)

Who responds to the DMCA complaint if the content uploader is missing, for example if they have died?

It looks trivial to wipe out everything via a DMCA complaint. All you have to do is wait until the uploader is unable to respond. Given enough time, this happens to all human uploaders. Nothing is safe. This part of our cultural history can be wiped from existence.

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Re:For First Time in More Than 20 Years, Copyrighted Works W... by SpaceManiac on Wednesday December 19, 2018 @08:41PM (#18721821)

Most YouTube copyright complaints are not actually DMCA complaints. The complainant is just asking YouTube nicely (whether that be manually, automated on their side, or automated on YouTube's side) and YouTube is complying of its own volition. 4J of their terms: "YouTube reserves the right to discontinue any aspect of the Service at any time."

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Re:For First Time in More Than 20 Years, Copyrighted Works W... by kevinwang on Wednesday December 19, 2018 @10:19PM (#18722233)

I'm pretty sure that if YouTube did not "comply if its own volition" for these kinds of claims, they would be in violation of DMCA.

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Re:For First Time in More Than 20 Years, Copyrighted Works W... by cyphar on Thursday December 20, 2018 @01:33AM (#18722925)

ContentID doesn't operate through DMCA notices. People often conflate the two, but in the case of ContentID there are no legally mandated remedies like there are with DMCA notices.

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Re:For First Time in More Than 20 Years, Copyrighted Works W... by gboudrias on Wednesday December 19, 2018 @10:31PM (#18722272)

Yes, but YouTube is being absolutely overzealous for no legal reason. Rather, I think it serves the double purpose of keeping the government (and regulation) very far away, while pandering to big content producers at the same time.

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Re:For First Time in More Than 20 Years, Copyrighted Works W... by dbdjfjrjvebd on Thursday December 20, 2018 @02:40AM (#18723133)

Except that the DMCA troll just repeats the takedown notice. What should happen is that a lawyer making fraudulent DMCA notices should be held liable.

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