Re:Piano teacher gets copyright claim for Beethoven’s Moonli...
by zaphar on Saturday May 01, 2021 @10:18AM
(#27006501)
I don't think the DMCA replaces the scary letters. The scary letters existed because they were more effective than the DMCA. Threatening to sue someone is always and always has been totally an option. The reason scary letters don't get sent right now is because it's easier to just have Youtube remove the video.
If that went away the next easiest option (scary letters) would happen again. DMCA or not.
YouTube instead decide to act as jury and will allow claimant to counter the counterclaim, and here lies the crux of the issue.
YouTube isn't protecting poor youtubers anymore than what DMCA already allows; YouTube is instead actively removing youtuber right to challenge the claim, putting all the power in the claimant, far above what DMCA mandates or requires.
And that decision to act as jury and judge and final unappealable authority in the claim process lies squarely on YouTube shoulders.