Re:They're deleting my channel, but they don't know why? [vi...
by wtallis on Thursday September 24, 2020 @01:55AM
(#24575680)
Here and elsewhere in this thread, you're exaggerating the power of the DMCA over YouTube. The only consequence to YouTube if they fail to follow along with the DMCA takedown notice/counter-notice procedure is that they lose safe harbor protection against being held liable for their users copyright infringement. In a case where YouTube is overzealously removing content that is not actually infringing, they really aren't at much risk of that somehow leading to them being sued for infringement. And you can bet that their Terms of Service adequately indemnify them against any torts their users might come after them for related to such behavior.
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Re:They're deleting my channel, but they don't know why? [vi...
by DanBC on Thursday September 24, 2020 @06:44AM
(#24577242)
> they lose safe harbor protection against being held liable for their users copyright infringement. In a case where YouTube is overzealously removing content that is not actually infringing,
Do you understand that the content in the submission is infringing? And not just to the civil level but to the criminal level? And so YouTube losing safe harbor would be huge.
Re:They're deleting my channel, but they don't know why? [vi...
by wtallis on Thursday September 24, 2020 @03:45PM
(#24582722)
> And so YouTube losing safe harbor would be huge.
No, it wouldn't, because YouTube is actually removing the content. So they're not going to get sued for infringement, and other parts of the DMCA still protect them even when they operate outside the bounds of the takedown notice procedure.