Re:Fake Nintendo lawyer is scaring YouTubers, and its not cl...
by mindslight on Friday December 27, 2024 @12:19PM
(#42523992)
The DMCA does not obligate Youtube to do any of the claiming/strikes parts. They could straightforwardly separate out the two processes - a voluntary expedient web process with the contentid fingerprint arbitration, one-click immediate counterclaim, no need to dox yourself, etc. And then a heavyweight strict DMCA process that fulfills DMCA obligations to the letter of the [unjust] law, requiring the waiting period for restoration after the counterclaimant doxes themselves, but doesn't drag in all the extrajudicial "strikes" and whatnot. The filing of a heavyweight DMCA would forgo the option for the voluntary nimble process.
Of course there are plenty of corporate authoritarian imperatives for why they don't. This comment is a thought experiment to demonstrate their complicity in how their system is routinely abused.
Of course there are plenty of corporate authoritarian imperatives for why they don't. This comment is a thought experiment to demonstrate their complicity in how their system is routinely abused.