Not to mention this doesn't solve anything, who arbitrates the absolute mountain of disputes that come out of this which is just the same thing moved up a level? Especially when someone boys a competitor. The "simple" idea would take hundreds of pages of detail to even be implementable before we started talking about if it was a good idea.
The comment at the end of your comment is probably what triggered the negative response here at HN for what it's worth.
Fining businesses who make mistakes is a dangerous path. That means anyone new to the industry who tosses up their first project is open to getting fined if they make a mistake. It also means there is either some organization in charge of being the watchdog for the industry with power to just apply fines to companies as they see fit... or we are doing this via lawsuits which just means cranking up litigation to absurd levels.
No, it is better to pressure businesses via our own choices to only patronize those who treat their customers and subscribers well. We talk about it all the time on here - stop using Facebook, stop using Google, find alternatives that match your ideals.
We need to truly embrace those types of grassroots change if we want to drive behavioral changes.
The solution is (partly) already here, its called breaking up monopolies which are illegal (and it would be wise to break up oligopolies). For instance YouTube has no real competition. 2000 million users vs what? Vimeos 1.5 million? Tech monopolies/oligopolies will always make the case that there is a rich marketplace of competitors by pointing out small fringe platforms that cant gain real traction but they know better internally and the stats confirm. Dont expect anything to change as they keep greasing your representatives. They spent record money on democrat elections this year and they expect their back to be scratched with lenient H1B visa programs to lower labor costs and lenient marketplace enforcement.
as mass exodus is slow to start and looks like churn when there are no comments or nonkudos given, there should be a sanction received so there is real motivation to not do so bad
And if it's your livelyhood, go where? The next two most dominant rivals in the area of streaming are literally the two you call out later in your post, Facebook and Google. You're not going to make money by trying to get people to get people to switch to your niche streaming service that no one has heard of and will close up shop in a year.
Individual action, especially consumer action, has never been a driving force in effecting change. If it were, companies like Nestle, which you hear about the despicable practices of almost weekly on commenting sites like reddit, wouldn't still be market leaders. Legislation, litigation, and most importantly, collective action are the only ways to change things like this. Don't tell people to boycott a service, get them to unionize their de facto employees.
I’m not sure what their TOS says, and I wouldn’t be surprised if it protects from this, but yeah, the liability should be that you open yourself up to being sued if you erroneously remove a user from your platform, who is using it as their job
You cant sell or give out snake oil for free and have no repercussions, caveat emptor only goes so far.Competition is your best hope. Chasing artificial alternatives is a poor choice.
They don't have perfect knowledge of how a court would rule in each case, so they err on the side of caution. Remove the side of caution and you can't have a platform.
How exactly would you enforce this? Media companies have the right to not show content from a given artist, at any time, for any reason. If you passed a law saying that twitch has to pay fines for false DMCA takedowns, they would simply take down the same artist anyway, without giving them any reason whatsoever. Which hurts the artist even more - now they can't even appeal the decision, because they would have no idea why it occurred
The immediate fix is to fine the entities filing false DMCA claims, not the platforms enforcing them. The longer term fix is to take away power and control from these giant corporations and give it back to the artists.
You have to dig deeper, beyond the platforms themselves: make it extremely expensive and dangerous to file copyfraud claims. As long as the incentives are in favour of carpetbombing, you will have lots of casualties.
Repeating something I have said before, it feels to me the correct solution would be to go full Hammurabi on the perverse incentives. To eliminate the asymmetric warfare, one change would be enough. -- If a company, or an agent acting in their name, files a fraudulent copyright takedown, then the victim of that takedown gets to choose one item from that company's catalog that will become public domain. The company also becomes liable for all the lost [royalty] income for the creators of that particular item.
The point is not to eliminate takedowns or make them technologically less effective. Goal should be to eliminate the incentives on abusing them, and make the depletion of culture a bad default.
This was an algorithmic mistake of a celebrity, what about the other algorithmic mistakes?
When they start to charge their customers.
I know I’ll get downvoted first this, but this kind of thing happens because each user in general is earning them cents and the the only way to enforce their policies is to do it on mass with automation and review by a human if the person complains (and then often rushed and not very well).
Although some large accounts will get account managers and are handled more carefully. The truth is that even if these are deleted, their viewers will just spend their time watching others.
We have our favourites but there’s always a second best that I’d spend my time watching.
The same language that keeps Twitch from being responsible here, keeps you from being responsible if your controversial content causes advertisers to pull out of Twitch, making them lose potential profits.
Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system.
You would start to see more people being able to reach human support, getting human replies, etc.
Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on.
If they give tools for people to make their lively hood on, then they are responsible for their mistakes. This is happening for far too long, on too many platforms: Youtube, Amazon, Twitch... only if you have special access to insiders, or if you're some kind of celebrity, or you reach a massive outcry, is when you are able to reach a human that solves your problem rather quickly?
I say that's bullshit. Make them pay.