The fact that it is illegal to falsely abuse DMCA but thousands get away with it is the frustrating thing. It's got to be up there in the "laws that get broken without punishment".
The protection in the DMCA for counterclaims is about as useful as wet toilet paper. It looks serviceable but it's extremely in favor of the claimant. And if it's a false claim? There are penalties but as far as I can tell that's only ever been pushed a handful of times. It's a very 2000-style written legal process. So after the counterclaim is won (in court), the counterclaiming party can sue the false claimant in court and you get to have another lawsuit where the plaintiff is the counterclaim winning party and the false DMCA is the defendant. The entire process (and I only have a bare bones outline; keep salt at hand I could be wrong) is expensive on the parties involved. RUclips is only connecting the claimant and counter-claimant to let the legal process move on to the next exciting stage.
It's technically illegal, but practically there are no penalties for false DMCA claims, and also practically you can DMCA from outside the US without that much validation so the supposed remedy of suing -- aside from the timelines of an actual suit being deadly for small creators, not even accounting for the lawyer fees -- is impossible.
@@BlairdBlaird There ARE penalties, but good luck getting them. First hurdle is getting the contact info of the claimant. RUclips does not give that info freely, nor do they validate it, so a malicious person can just put anything they want. Second is that if/when you get their info, now you have to sue them. This is easy enough if it's a case like the one Ironmouse has, but lawsuits are slow, and expensive. Then, when you win, you have to assume the person you sued even has anything worth getting from them, and that they aren't just some loser living in their parents basement working a minimum wage job. Oh, and after all that? You still might not get your channel back. RUclips isn't involved in any of this, so they don't have to restore a thing.
This has been used by smaller creators. We don't hear about this because they're so small. Heck, it happened to Bungie when someone was impersonating them.
Yep happens to literally hundreds of small creators all the damn time. Nothing they can do about it because they don't have a community of hundreds if not thousands of people @'ing youtube support on twitter spamming them to pay attention and fix their shit. Honestly I don't know why RUclips is the only platform that has such an issue with this. I don't see DMCA claims nuking Twitch channels or Twitter accounts.
Yeah, DMCA was designed over 20 years ago and it really shows - it was created for a world where it wasn't possible to produce stuff for a worldwide audience without having a large company and lawyers backing you and checking the compliance of everything. Now that the barriers to entry both on the sides of creating content and of filing claims have been dramatically lowered, it just doesn't hold up at all
it was created for corporate enforcment. bought and paid for. these issues where pointerd out when newgrounds was terhr big streaming site, and youtube saw these systems abused instantly. to the point there where entire networks of channel hosts and their managers sprung up to try and counter dmca trolling.
DMCA was stupid and broken from day one, this abuse has been going on the whole time in one form or other and its never been systematically addressed by RUclips or anyone else.
@@madman4043 It is tough. Its the other way around. The whole DMCA system was created to quickly take down videos while an investigation is going on. On good faith, it allows company to have time to protect their copyright and reduce losses caused to their image over long judgement process. On the bad way... well it allows shit like these to happens. But I agree thats 100% RUclips fault, they don't need to act so trigger happy or giving strikes or make manually fixing this issue so freaking annoying.
What many people don't know: You are allowed to use c/o addresses for a DMCA reply. When you set up your internet presence, make sure you talk to a lawyer and ask them if they will represent you for DMCA. If they agree, you can tell RUclips something like "Send the person that wants to sue me the following address: , c/o Lawyer McLawfirm, lawyer's address". It has the added side effect that many people won't even sue in the first place because they expect your lawfirm to be an expert in that sort of stuff.
@@WowCreativeUsername You kind of need thousands to be an internet creator period. A computer is going to run you 2k+ easily. The recording software and gear will easily start in the low 100s. Then you need to have editing software, a camera, and so forth. By the time you've started up you probably have a small investment of 4-6k minimum. Which will rapidly be outdated and need to be updated. Sure, you can just post shitty little vlogs, on low quality cameras, and maybe get a start, but it's not the early 2000s anymore. No one really wants to watch, or listen to a shit quality video, except for the most niche communities where a person is usually an expert at what they do. Be it a specific game, or so forth. You don't *need* the fancy gear to try to start up, but like 90% of YT channels who post content have less than 100 viewers. So if by "Creator" you mean like a full time, or even part time job that makes you money. It's not happening. So unless you are just posting videos for the genuine love of a topic to be a "Creator" rather than successful, you need some money.
@@HauntingSpectre I mean... - FOSS editing software exists (e.g. Shotcut), and you should prefer it over proprietary garbage - What do you need a camera for...? - No, a computer doesn't cost that much. A high-end one like mine maybe, but not an average one.
"This could be used against smaller users on the platform" It already is, it's been a massive problem for years. There's countless stories every week from upstart or recent channels being hit by this system and either their information being leaked resulting in attempted ID theft, blackmail (often with ai nudes), IRL home/work visits by stalkers, etc, etc. RUclips knows this is a problem and they will never do anything to change the system because doing so would void their immunity to moderating content on their platform and being held liable.
@@lightjohn125 sadly it's something Thor also does, recently he's been DMCA'ing videos by smaller creators criticizing his opinion on live service games
@@Kero-zc5tc I've seen Thor publicly say that he does this, but it's against the clear copycat channels that just rip and reupload his shorts and stuff. With names like "PIrateS0ftware" or something like that. I can't say to @Aegis--- claim though.
@@Ronald.Golleher yeah but that’s not misabuse of power, it’s proper use. All this really tells us is he knows how to dmca which isn’t really for or against him misabusing power
As far as I'm concerned copyright should only be enforceable within the first year the product or service is released to the public, as it then becomes public domain. Most of the profit is made within the first year anyway. If you need to have the property protected long term, then you should be filing a trademark. And even then, it is only protected and enforced so long as actively used. This way you can't have companies like Disney and Nintendo holding their property in legal limbo until the end of time.
@@viedralavinova8266 Honestly I think tying it to a duration of time never made any sense. It should be set up so that after something is seen by a certain number of people, it loses copyright. That way it still protects small creators, but doesn't help bigger creators like Disney that don't need the money anyway.
@@globalincident694 that's impossible to tell though. There's no way to know how many people are listening to something or watching something only how many accounts are interacting. TV companies cant know if there are two people on the couch or ten. Imo the best way to handle DMCA strikes is just to hold the money for a month, not block the account or content. If the accuser can prove its their copyright within that month the money goes to them, if not the money is released back to the one who posted it. I also think that if something does infringe on copyright it should be left but but all money made should go to the copyright holder.
My channel is far from immune to copyright claims, the vast, vast majority completely legitimate and I have never disputed them. I spent years uploading unofficial remixes of popular songs, the original labels are within their rights to claim those. I’ve only ever had two DMCA takedown requests and one of them was on a song I’d uploaded which had used samples from a remix competition. The remix artist had requested I upload their song, not told me that it was part of a remix competition, and then it got taken down and a strike issued. It took three months to solve with the original label, even though I told them I’d take the song down, because this was when strikes lasted six months. My channel was at risk for months because I promoted a song I’d been asked to, because that remix used samples the label sent out for free in order to promote their song. It’s a broken system. It’s stupid. It’s not RUclips’s fault. The worst bit is we all have to follow American law because it’s an American site, and America is awful at passing legislation these days so I have no faith it’ll be fixed anytime soon.
@@kyotra Why would someone who lives in America bring up any other country when talking about problems they personally have? Dude isn't going to bring up a place they're unfamiliar with, because they obviously are unfamiliar with other places problems by virtue of not living there, also relevancy. People mention things that are relevant to their situation and that they're familiar with, they're not going to bring up India's government problems when they're an American having problems in America. This is basic logic. Frustrated English speaker: "God, English is such a dumb language sometimes" You: "English? Dude, every language is dumb sometimes."
@@MammalianCreature Because some countries claim jurisdiction, for instance some Japanese publishers will DMCA you if you even mention their product. Some nations like England will block out content, such as songs which happened recently due to changes in their law, being in a country does not mean another country's laws can be ignored.
@@PipkinPippa its sad how RUclips hasn’t updated their copyright ToS and small creators get screwed over unless they have large followings like Iron Mouse has
You kind of can't appeal them at all if you aren't a pre-approved content creator. As Kaif has shown us, they let AI handle the counter-notification part of their DMCA system and as we learned from FeFe, they do not allow human review for channels that aren't partnered/monetized. Fortunately for him, he was partnered on his main channel, and thus was able to get in contact with partner support who quickly fixed things for him.
@@shadowsonicsilver6 Somewhat related I think. Nux was spreading misinformation but IIRC some stalker is the cause of the takedowns. There's some videos where taiga explains everything on the "Functional TaigaHolic" channel.
@@shadowsonicsilver6nux drove the nail deeper into the coffin than it ever should have been. (for the record, i hate that taiga was deplatformed and they should 100% have their stuff back.) i always hated that guy for his.. lets just say adult content focused videos. it pissed me off so much more when i heard he could have done something to help taiga and instead tripled down on false allegations and lied about apologizing.
@@shadowsonicsilver6 Not sure to be honest. The problem is that misinformation spreads like wildfire on the internet. We've seen that from the Godot drama. So it's entirely possible that Nux is completely in the clear and all the drama is just haters parroting off each other or he could have a hand in all of this and we wouldn't know either way.
@@shadowsonicsilver6 Nux didn't *help* the situation--people who farm drama for content and don't quickly take full accountability for their own part in spreading lies never do--*but* the actual problem was a stalker who intentionally abused the kludged-together systems that allow for this to work. I think they even said outright they were also going to do it to other channels.
This strategy of collecting information for doxxing via DMCA was used by "Low tier God" against some smaller creators who didnt like him, then he put their information on blast, google street viewing houses on stream, etc. I can't remember what happened in the fallout, but this is indeed scary to think about.
@@dominicius77 It's getting really annoying and frustrating how people shit on youtube for ANYTHING that happens that is even slightly related to RUclips. Something good happens? RUclips didn't do that. Anything bad happens? RUclips & Google are pieces of shit for allowing this to happen.
@@dominicius77 I think each DMCA should trigger background checks on the person submitting the DMCA and should be mandated to be done by a real person/people.
I know a smaller channel who did some "laugh at these cheaters videos" content, they had some claims or strikes made against their account by one of the cheaters. I forgot if they were youtube related strikes or DMCA strikes, but yeah. The channel in question decided to hire a lawyer who would basically be the buffer between them and the person striking them, the claimer got their lawyer's info, not the info of the channel. This was supposed to be in-line with youtube policy, and after much headache actually worked.
@@ldratol4517 I was thinking of the Valorant one also there was also a couple of Overwatch ones over a year ago, but it wouldn’t surprise me if there were unfortunately a lot more videos like these out there.
More context for the video I think you're referring to: When he first had his lawyer submit the counter-notification, RUclips straight up told him that he wasn't allowed to have a lawyer submit it on his behalf. So he forwarded his Lawyer's response from his own E-Mail and was denied with RUclips advising him to seek legal counsel before filing a counter-notification. This made it pretty clear it was not actually reviewed by a real person, and the only reason he was able to get the issue sorted was because he was partnered on his main channel, and thus was able to get in contact with Partner Support.
Every once in a while this happens to a creator who's big enough that YT notices and fixes it. And then some people come out and talk about how this needs to change and how YT has to do something about it. Then nothing happens until someone big gets hit again. Those small ones just disappear without a trace. It's going on for years. YT's system is so great that you can get three copyright strikes at once on videos you made years ago and that moment you're history and nobody cares.
@@ThirrinDiamond My guess is they can still be content ID'd, even while private. There was an issue a while back with smaller channels getting strikes on videos they hadn't even published yet.
0:52 IIRC it already has been. Pyrocinical was targeted by someone doing this several years ago, but managed to give them old info and there was someone else who talked about a former hacker and he was targeted using the same attack only to discover he couldn't have a lawyer sign for him, leading to the former hacker getting his last name and harassing his family.
The people who do that shit are awful. I’m glad she got her channels back. I don’t really watch her videos besides her collaborations with Connor, but damn
So long as everyone acts like they can make money off royalties for claiming it'll keep getting worse. The only way is to start making everything public domain.
@@viedralavinova8266 that's the stupidest thing I've ever heard. If everything is public domain then we will enter a corporate dystopia where all small creators earn nothing and the giant platforms who distribute media will be making all the money.
This is the exact same reason why a lot of creators on Second Life left because they got copyright claims they can't fight because they'd have to give up their privacy in a fake digital world where you don't have to be yourself. It's really unfair since the person making the claim can NOT actually own the copyright and be fraudulent.. it's like you're guilty before you're proven innocent, by fake people. It's a complete scam
Not only does the person making the claim not need to prove that they actually own what they're claiming, but 99% of the time they don't even use their real info. If someone can send me a DMCA claim while pretending to be someone else, I should be allowed to call BS without giving them all of my personal info.
@@Bokatrice Exactly. I've been copyright claimed on some of my videos in the past from the background music that i know is ORIGINAL music from the game's developers/publishers who said they will not make DMCA claims on videos/streams that feature that game. So I KNOW doesn't belong to the claimant. After hearing Thor's explanation it makes sense now I got hit with copyright claims. There is no way to refute what you already know is a bogus claim, there's no way to verify claimant has any actual rights, as RUclips makes ZERO effort to vet these claimants. You're automatically guilty for 30 days so they can make money off your videos before the claim is lifted. It's just massive SCAM that RUclips perpetuates with their ads that 90% of people block anyway.
@@fragalot the best is when the bogus claims get taken to other places. A friend of mine used to upload videos of her art projects for university, some of which were taken down for dmca claims. She then almost got expelled because whoever filed the claims told her university that this was evidence of her plagiarising uni work. Completely killed her motivation, she ended up having to take several years out of school
18 years of being on the service, and this is a first of even me hearing this. Background: I was the programmer for Kinzart avatars, and wrote a popular vendor system for other creators.
@NeverMakingVideos this is how kommyunysm works. And yes I'm having to censor the word even. It's easy wise than you kids realize. 12 trillion dollars were free-traded into the NWO under the UN.
Slight correction: Only the VOD channel got DMCA'd. The main channel was banned due to the "ban evasion clause." So basically, if a channel from a creator gets banned on RUclips, all that creator's channels will eventually be banned as well since it counts as a "second channel to evade the ban."
@@SunbearSmoke Strange. There's literally a "Switch account" button in the RUclips main menu. Also it's my first time ever looking at the TOS but a quick page search of "account" and I didn't immediately see any language forbidding multiple accounts. Did I miss it?
There's a problem and a good reason you can't fight back on youtube, besides them not caring: They have not implemented the system legally. According to the law they are required to have someone execute an ACTUAL DMCA claim, which is fraud and perjury. But youtube's system does not actually require you to file that, just tell youtube 'this is mine'. It is not legally binding till after you have shared your private information and force them to the court stage, at which point they can back down rather than file the real claim to bring to court.
@@aRandomFox00 Probably, though the issue remains being able to drag them into court. Small creators can't afford it, but this is probably why they're quick to fix things for large creators, since they could but don't have a reason to if the problems taken care of.
The reason why RUclips has this fake DMCA system is so that they don't get sued out of existence. I don't like how they handle things, but there's not much they can do since they host so much copyrighted content.
It's literally Working As Intended, kids. Stop pretending this wasn't planned out during the Clinton administration. You think Reality TV was an accident? How's about the fact they could sell meds to the gen pop on TV. Don't get me started on cars & ethanol.. can you all not see finally? - ppl play games with the works before the had computer
This is a great example of the law getting too far ahead of the technology. It doesn't just shut the door on legit uses, it also opens doors for unforeseeable abuses. DMCA is built around 90's tech. Sites like RUclips didn't even exist yet, and most of the current situations it just doesn't work.
0:34 i have worked hard on my channel for over 10, nearing 11 years - i haven't been successful enough that if i faced this issue, i wouldn't be able to get enough help to turn things around ..i'd be done
youtube has no choice, DMCA is a law that was passed eight years before youtube even existed. The law requires all online service providers allow copyright holders have a way to remove content. RUclips has to take down the content WHEN THE CLAIM IS MADE. They do not have a choice as a US company. "If a notice which substantially complies with these requirements is received the OSP must expeditiously remove or disable access to the allegedly infringing material. 17 U.S.C. § 512(c)(3)(B)(ii)"
@@Yellowredstone They don't have a choice we need to get congress to change the law. "If a notice which substantially complies with these requirements is received the OSP must expeditiously remove or disable access to the allegedly infringing material. 17 U.S.C. § 512(c)(3)(B)(ii)" RUclips has no choice but to remove the content when they get the claim even if its not a real claim.
@@limerency5834 No crap DMCA existed before RUclips, but they were never finished with this system like I said. There allegedly were plans to make it better and still have it comply with DMCA. Then again, the previous RUclips CEO said multiple times they would create a better system to communicate with them outside of using Twitter, and we don't have that years later and now she died of cancer.
For once, it's not RUclips's fault. There's no financial incentive for them to do this please think that one through. Remember that RUclips play ads on channels no matter what to the point they would actually benefit from re-uploads and piracy.
A guy got doxxed for exposing degenerate behavior on a lolcow 6Arakin, got his whole family and all shown on stream and discord, then removed the claim because he got what he wanted. What was his response when he got asked about it? "Cry about it" and "I'll do it again". Yt won't do anything to small creators, ever
I'm not sure if it was because of the backlash. Vshojo was getting lawyers involved and I'm pretty sure that's the reason for their return. It still holds to your point that she had more resources to fight this than the average streamer.
@@LunaExpiX They don't actually. Its why they set up the system the way they did in the first place. It removes their liability since they're not the ones issuing the strikes. Maybe research the actual legalities before saying who can sue who.
DMCA requests should have to prove their claim to be able to do the takedown before it is taken down and not the reverse. That will always be possible to abuse.
I agree. But DMCA is designed to remove stolen copyrighted content as fast as possible. Anything that slows down the current process isn't gonna fly because music companies will complain and they have more money
@@Cheapshot512 This isn't on RUclips. This is the process laid out in the law. Not following this (terrible) process risks ending Safe Harbor protections for RUclips.
A real DMCA takedown requires the person to include a link to the original content and explain their ownership relation to the content. RUclips removal requests aren't actual legal dmca requests.
Happened to the German Community. Someone hacked into two E-Mails from Nintendo and tried to DMCA strike a big Nintendo RUclipsr called Domtendo but also American ones where included in this. Causing them almost to be shut down. Dude had like depression poor guy. Apparently this has been going on for years with this person and half of the DMCA strike came from him not even Nintendo themselves. Issue has been resolved and they are trying to catch that guy or he already got catched. RUclips should really do something against that.
EDIT: Some people in the comment section have pointed out that the following strategy doesn't work the way it used to. Leaving it up for clarity and awareness. Form an LLC you wholly own, pay someone to create BGM (it's important that it's entirely original and that you wholly own it through the LLC) for your content that the LLC wholly owns, put that copyrighted music in all your content (which you should also file all of your content as IP of that LLC), and then - and this is key - pre-emptively copyright claim your own content through the LLC by having the LLC claim the content has their music in it. This way you get the money from the content and it prevents people from copyright striking your content through spurious claims, unless youtube has changed it so multiple strikes can be up at once. Use the system against itself until the system gets fixed.
There is only one problem with that idea, Dragonforce got falsely DMCA'd and they own the rights to their music, they still had to complain to RUclips to get it fixed. Owning all rights to stuff does not prevent false DMCAs. The only real ways to solve the issue are to either repeal DMCA entirely and replace it with a better written law, or make a new law that gets tacked onto DMCA that fixes the problems.
@@Dartingleopard You missed the point of my comment. You have to pre-emptively copyright claim your own stuff through the LLC. You form the LLC and put everything under it so that the LLC can file the claims/strikes on your behalf. Unless RUclips has changed their system, something under a copyright claim cannot be claimed again. That prevents the fraudulent claims from ever happening. It's not about ownership, it's about abusing the strike system to your own benefit.
Last i checked, you can have multiple DMCAs on a video from different vendors. And your idea works, but i think it's until you get multiple DMCAs on a video... Then the revenue starts being split (i think?) Or the revenue is halted altogether and it goes to youtube?? I forgot exacts, but i remember someone "fighting" a dmca troll by dmcaing their own videos like youre saying to do
1:45 A Company called Epidemic Sound has done this exact same thing. They will Copyright claim and strike your videos even if you have paid for a license by them. They have targeted smaller creators that use their service, NEVER SIGN A THING WITH THEM.
I've never had an actual strike from Epidemic Sound and have used them for 3 years. Claims pop up for the artists on occasion or someone that's used the instrumental track and added their own lyrics, but in every case, they have removed the claim after I have disputed it. They do have some weirdness on RUclips shorts for a while, but never a strike. I just quit doing the vod channel thing on RUclips to be honest.
"it's why we don't post vods in our channel anymore" we live in a reality where pirate software doesn't post vods anymore due to a faulty copyright system
I really enjoy these small clips of some really intresting topics Pirate covers in is streams that are very easily missed if your not tuned in and they are little nuggets of gold
To a Vtuber like ironmouse, who has many… let’s say over enthusiastic fans, with her physical health issues, her privacy is worth more to her than anything. To abuse RUclips’s copyright system to get this info from her is downright heinous and I hope the person or persons responsible are brought swiftly to heel
finally someone who could explain the situation in a simple straight forward manner. Everyone else, including ironmouse herself, spoke about it in some mysterious secretive manner
Those two statements are not contradictory. It can 100% be an issue with current DMCA, while also having an easy solution in RUclips doing their job and providing assistance to CCs without taking long or legal threats to do something
The DMCA was written in 1998 when streaming video was not a possibility and everyone had their personal information in the phone book. It was a different world.
It really goes back to the Tom Scott video about copyright systems; RUclipss copyright isn't broken, the world's is, and RUclips is just stuck enforcing it
The amount of times I hear about these sorts of stories where the only reason someone's lively hood wasn't ruined is because they are basically a celebrity is so depressing because we *know* it happens to smaller creators all the time and we just don't hear about it because they aren't celebrities.
I think Ironmouse and Vshojos lawyers may have had a lot to do with youtube bringing the channels back up too, but that's still something small creators won't have access to.
I'm still impress on how in our daily lifes we encounter nonstop stupidity that either forces us to kneel or forces us to fight back an never ending cycle
Why isn't the DMCA requirements on the one who makes the claim? If you're claiming x song is yours, proof should be needed before a strike ever happens. This whole "we believe you until the accused proves otherwise" is so un-American
So process was designed for Large Enterprises dealing with Large Enterprisies. Immidiete takedown of the offending material insures that entity filing DMCA claim is not hurt by someone using theier Intelectual Property. In the world where DMCA was envisioned after the takedown of the ofedning material was taken civil lawsuits would be filled to figure out this shit. Now when one person can just fille this shit out without following trough to the Court phase it is easy to abuse.
If this was taken to court it would most likely have gone in Mouse's favor. Problem here is that the claimer probably provided proof, but the proof won't actually be looked at closely until it got to a court (or got enough attention for YT to manually look at it) so they can just submit anything. This includes essentially a note that just says "trust me bro". The system works like it does because YT are really really scared of being forced to be held liable for the copyrighted material on their platform. So they more or less just automatically say whoever did the claim probably was correct and for the claimer and claimee to solve it themselves. This allows them to dodge any angry copyright holders since they just immediately step out of the way and dump the problem on the uploader. The issue boils down to big corporations have a lot of money and power while the individual doesn't. Big corporations can therefore create big problems for YT while a individual generally can't. Corporations are much more likely to be the ones striking others instead of the other way around, so YT massively favours that side. So this problem is exactly the opposite of un-American. We really need either a realistic competitor to YT so creators can threaten to leave the platform without losing their livelihood, or a lot of updates to DMCA laws. Preferably both.
Idk why it's like this, but it's been a problem for like a decade at this point so I'm not sure why some lawsuit hasn't made RUclips change it's dmca system
You don't need specifically US's LLC, every country has some form of legal entity you can form, which can either represent you, or to which you can transfer copyright for all your content.
Y'know. Ive been searching for vods from thor for a awhile now, work schedule and all that, but this is a very good reason why i can't find any. Im sorry that hear that this is even something you have to worry about
As with most "protections" on the internet, it's about making the internet less anonymous. The people in power want to know everything you do, even if it exposes your data (intentional or not? You'll have to decide for yourself.) to people with bad intentions along the way.
Damn man, Every video I watch by you, I gert more and more inspired to follow my career in gamedev. I start college in 5 days. I know people say you don't need college, but the courses that are being offered, help me with my specific way of learning. (I am autistic and need things to be fully explained)
Wow, that is absolute garbage behavior. Sucks that the system is set up like that, hopefully RUclips can find some legal workaround that stops people from abusing the system.
RUclips doesn't give a single shit. They are quite busy in fighting against adblockers. Or else they would work on the bot problem in the comments for example. It's all about their ad-money. If you don't bring them enough ad-money (enough means a whole freaking lot), you cannot even speak to a real person if you have a problem. You just get a bot that tells you that "there is no problem, even if you may not agree with that".
I feel like, taking a moment to actually investigate if the claim is real in the first place should be legal, and allow them to stop this. I would be baffled if legally, youtube has to just let every single DMCA strike go through without at least being able to check that the person making the claim actually owns the content like they claim they do
@@hallowjupiter6305 I don't think that's even possible. RUclips is too big to properly be manually checking everything, and the moment to check they may possibly be able to legally defend themselves with is too short for that. It's also why the algorythm is deleting random messages more often than not, youtube is too big to be moderated but at the same time they have to get rid of everything that can get them in trouble asap (and the "as soon" pretty much means instantly) as they got (like any other big platform) every eye on them. I'm almost certain that they most likely got an algorythm filtering out a lot of fake ones automatically tho, simply because you can't convince me that the same people who made the bots that constantly disrupt the comment sections (which most likely also causes random deleting of messages from time to time due to false positives) don't have bots running to spam fake DMCAs aswell.
Poor Ironmouse, man... I don't watch a lot of her stuff (or a lot of VShojo in general) but I've only heard good things about her. I've heard she's got some kind of immune system problem, and that she runs a lot of charity streams to help other people who have that issue. Thank god she's got a community to keep her from succumbing to random acts of hate. I don't comment often, but apparently doing that helps a video get more weight in the Almighty Algorithym, and this DMCA crap should get as many eyes on it as possible.
RUclips is absolutely abysmal with how they just allow copyright trolls to run rampant. Smaller channels struggle to survive and a lot of people wont have the knowledge to combat these fraudulent claims. If youtube actually cared enough to even have a single person look over a case for a few minutes before *deleting an entire channel* they would be able to easily stop it from happening.
A single person absolutely isn't enough to take on the DMCAs going in every single day. Not to mention that they're a big company themselves, so they have to abide by the rulesets for it or they're toast for not acting fast enough, as easily seen by how often comments get deleted at random. I'd not even be surprised if the legitimate DMCA requests on a daily basis are so high that even checking those would require too many people to be sustainable - and I'm even less surprised if most fake requests are actually blocked by an algorythm already with only a handful (in comparison to those getting in) of them getting through.
As a creator myself, I hate that doxxing yourself is the only way to protect yourself. People often threaten to kill my pets, so I cannot have my location leaked, and then as such I cannot protect myself in the case of false copyright.
I'm seeing other people say that if you go through a lawyer, you send along the lawyer's information rather than your own, thus protecting you. Might be worth looking into if you can
@@Zichqec yeah, I’m going to make an llc or similar shell company and register it through the address of an accountant office or similar. Lawyers are very expensive so a big friend in this field recommended avoiding them unless no other option exists.
@@Zichqec Unfortunately no. RUclips will not allow you to have a Lawyer submit it on your behalf, and if you aren't a partnered/monetized channel you'll likely be automatically denied by an AI anyway.
the whole Vince Vintage saga was so frustrating to watch because he couldn't even use a law firm to send a counter-claim, we wasn't allowed to. he had to use his personal info and send that to his stalker.
I've seen several posts from lawyers giving open permission for people in this situation who think they are getting doxed to use the law firm's contact information on the counter-notice. I don't know if there is any thread out there keeping track of these offers, but it would be a valuable resource for someone getting targeted like this.
This may go badly. Remember this is a legitimate legal issue you're engaging in. You might think "oh its just a bogus claim" but if for some reason the person decides to follow through then you will now be forced to pay the people who you've marked as your representative. You should really only mark someone as your representative when you have an actual contract with them to be your lawyer.
Poor Ironmouse. It'd be so cool if we could just build a platform, a community that doesn't do sht like that. But sadly with millions of users there will always be deviators
ymfah got copyright claimed for using the skyrim theme...by someone saying it was a rappers song that had sampled the skyrim theme, the youtube legal system is a goddamn joke
thx for the awarness. im planing starting streaming soon . its good to learn some of the thing that could happen when you take the creator content path.
RUclips does deserve a lot of backlash for the current state of the copyright system. But we also must remember that most of the issues are not entirely related to RUclips but how DMCA and copyright law works
While DMCA sucks RUclipss Removal Request system is even worse, they require less information then what is required for a actual legally effective DMCA takedown notice, and they seem to release the personal information in case of a counter claim willy nilly instead of only doing it if the claimant requests it through a US District Court subpoena (which is when DMCA requires that information be given) and I imagine the once abusing DMCA would have a hard time managing to get the subpoena sent since they arn't actually the Copyright Holder, and they might not be to keen to hand in a sworn declaration to a US court either.
Set up an LLC that owns the channel and collects the revenue. Pay yourself a salary from the LLC. The LLC is then the affected party in these situations, and not ironmouse personally. She can then fight back under her LLC. Its essentially the point of limited liability companies (LLC) is for this reason (and others obviously). Separate your business and personal lives if you're going try to stay anonymous in business...
The fucked up thing about dmca is they can strike non monetized archive videos because Google has the authority to force ads on videos with ads turned off. Had a csgo block fort map showcase that I did because I liked how they translated one of my favorite Mario kart for ds maps into one that works well for gun game. Even though I never turned on ads for most of my videos it was marked as demonetized along side a few other videos I turned off ads for it's really stupid that dmca is still this shit after the many fair use fiascos over the last 5 years
Water is wet , community been talking about it for 10 years but RUclips is doing bare minimum but to be fair it's law fault not RUclips , copyright laws are bullshit by design.
Copyright legislation is fundamentally broken when it comes to user-generated content and the current online landscape. It was designed to protect a few monolithic publishing companies back in the day, who saw Napster et al and wanted a quick band-aid, leading to a severe power imbalance between the claimant and any defendant.
Copyright/patents was designed originally to ensure that people could profit off something they made, without bigger entities with more resources coming in and copying them and reaping the benefits of the other person's creativity. People would stop making new things, if there were only a handful of big corporate entities making a monopoly. It was an attempt at protecting a Free Market. The problem is that over the last 100 years, those same "big entities with all the resources" just turned it around and spent money lobbying to "protect their work" far beyond anything originally intended. To the point of stifling the other end of creative works: iterations from the original. And creating stupid loopholes like this for abusers. And barring extreme vulcanizing situations, the people don't care enough to push that something gets changed so that this gets properly fixed.
Kaif of Salt Raiders hightlighted the same issue including the problem that RUclips says you can appoint a legal proxy but then rejects the counter-claim for the exact reason of not being allowed to appoint a proxy. It's been a long-running issue that people can submit a copyright claim annonymously or provide fake info. One of the read-reddit stories channels I watched got DMCA for copyright music when the videoes HAD NO MUSIC AT ALL. It was entirely narrated with some silent gaming footage playing in the background.
Go to a random class of 16 year olds in a low-middle income school. Ask how many of them have their own personal lawyers on call. They'll look at you like you're insane.
I've not yet seen this happen to a channel without Ironmouse's popularity. However, it's very uncommon for such a channel to have the weight to go to, and stay through a court preceding. While fraudulent DMCA claims are technically illegal, they operate in the same way as S.L.A.P.P suits do to suppress smaller orgs.
@@draexian530 you haven’t seen it happen to smaller channels because they don’t have a voice and are just gone once this happens to them, with no help or recourse. The system is routinely weaponized to silence criticism and eliminate competition
@Axelarden I'm also really innatentive, but none of that's untrue. I do remember the madness Stephanie Sterling went through over Digital Homicide, but they survived that and it isn't exactly timely as an example.
> I've not yet seen this happen to a channel without Ironmouse's popularity. Probably because those just disappear without any fanfare since by definition they're not popular enough to bring attention to their disappearance?
It's not done by "India", it was done by some as*ho*le guy from India. Don't include the entire country just coz of few idiots. If a school sho**ing occurs in America, we don't say oh look it's no surprise that it's done by Americans. It's just some idiots in America who do that and not all of em.
this is why ppl need to get the dmca changed bc this happens to so many youtubers streamers etc. worst part is the people striking are using an address to a black hole essentially. i tried to "track" a thing who striked somebody i knew and it was an address many scammers etc use. was a forwarding office which is a "black hole" while the other side has to use real address email banking etc for many reasons; if yt needs to contact, sponsors need to send stuff, etc. what happens during this time can be death of person sent popo, bad mail, etc or got others to do it.
DMCA overall needs a rework. We see it being used by larger corporations against people not trying to compete with them(fan games in some situations) We see it used in proper context in other situations like Yuzu; even though it wasn’t used, it could have been. But this? This is targeted attacks on people. This is not acceptable.
RUclips is not mishandling anything. They are working within the confines of the law, which basically makes it so they have to be hands off, or they become solely liable for any DMCA claims. I am going to assume that you are American, in which case, if you want RUclips to be handling DMCA better than they currently are, petition your federal government reps to change the DMCA laws. Until those changes happen, RUclips will continue to be hands off on the vast majority of DMCA claims, because they do no want to take on all the culpability of randoms uploading copyright content and then being sued for it.
As I saw someone say elsewhere, the issue is the DMCA is terribly antiqueted. It's one of the many cases where the law has not evolved to match the tech it's supposed regulate.
I get the personal info being legally required as part of the DMCA, but having to manually challenge 300 claims over the same claimed issue seems like it could be fixed by RUclips.
Thor, i'm sure you're aware, but using different audio tracks in OBS allows for music and anything with copyrighted material to be played on for example audio track 3, and disable track 3 for the vods, works wonders at least on twitch, sure, vods have no music are are more stale, but it's the price of keeping things up, so i don't mind
The fact that it is illegal to falsely abuse DMCA but thousands get away with it is the frustrating thing. It's got to be up there in the "laws that get broken without punishment".
It's illegal IN AMERICA. Most the people sending false DCMA aren't from America so nothing can really BE done
The protection in the DMCA for counterclaims is about as useful as wet toilet paper. It looks serviceable but it's extremely in favor of the claimant. And if it's a false claim? There are penalties but as far as I can tell that's only ever been pushed a handful of times. It's a very 2000-style written legal process. So after the counterclaim is won (in court), the counterclaiming party can sue the false claimant in court and you get to have another lawsuit where the plaintiff is the counterclaim winning party and the false DMCA is the defendant. The entire process (and I only have a bare bones outline; keep salt at hand I could be wrong) is expensive on the parties involved. RUclips is only connecting the claimant and counter-claimant to let the legal process move on to the next exciting stage.
It's technically illegal, but practically there are no penalties for false DMCA claims, and also practically you can DMCA from outside the US without that much validation so the supposed remedy of suing -- aside from the timelines of an actual suit being deadly for small creators, not even accounting for the lawyer fees -- is impossible.
@@BlairdBlaird There ARE penalties, but good luck getting them.
First hurdle is getting the contact info of the claimant. RUclips does not give that info freely, nor do they validate it, so a malicious person can just put anything they want.
Second is that if/when you get their info, now you have to sue them. This is easy enough if it's a case like the one Ironmouse has, but lawsuits are slow, and expensive.
Then, when you win, you have to assume the person you sued even has anything worth getting from them, and that they aren't just some loser living in their parents basement working a minimum wage job.
Oh, and after all that? You still might not get your channel back. RUclips isn't involved in any of this, so they don't have to restore a thing.
If Disney wouldn't be able to get away with doing it, why should you be able to?
This has been used by smaller creators. We don't hear about this because they're so small. Heck, it happened to Bungie when someone was impersonating them.
especially in niche communities that are smaller but have cult like followings
React Channels getting strikes from IShowSpeed shell company . . .
Yep happens to literally hundreds of small creators all the damn time. Nothing they can do about it because they don't have a community of hundreds if not thousands of people @'ing youtube support on twitter spamming them to pay attention and fix their shit. Honestly I don't know why RUclips is the only platform that has such an issue with this. I don't see DMCA claims nuking Twitch channels or Twitter accounts.
Happened to Taigaholic
@@o_sagui6583 react channels are cancer anyway, who cares about them
Yeah, DMCA was designed over 20 years ago and it really shows - it was created for a world where it wasn't possible to produce stuff for a worldwide audience without having a large company and lawyers backing you and checking the compliance of everything. Now that the barriers to entry both on the sides of creating content and of filing claims have been dramatically lowered, it just doesn't hold up at all
it was created for corporate enforcment. bought and paid for. these issues where pointerd out when newgrounds was terhr big streaming site, and youtube saw these systems abused instantly. to the point there where entire networks of channel hosts and their managers sprung up to try and counter dmca trolling.
DMCA is not at fault for youtube abuses. RUclips's approach to offloading any of the work in claims is the issue.
@@madman4043that or no RUclips right?
DMCA was stupid and broken from day one, this abuse has been going on the whole time in one form or other and its never been systematically addressed by RUclips or anyone else.
@@madman4043 It is tough. Its the other way around. The whole DMCA system was created to quickly take down videos while an investigation is going on. On good faith, it allows company to have time to protect their copyright and reduce losses caused to their image over long judgement process.
On the bad way... well it allows shit like these to happens. But I agree thats 100% RUclips fault, they don't need to act so trigger happy or giving strikes or make manually fixing this issue so freaking annoying.
What many people don't know: You are allowed to use c/o addresses for a DMCA reply. When you set up your internet presence, make sure you talk to a lawyer and ask them if they will represent you for DMCA. If they agree, you can tell RUclips something like "Send the person that wants to sue me the following address: , c/o Lawyer McLawfirm, lawyer's address". It has the added side effect that many people won't even sue in the first place because they expect your lawfirm to be an expert in that sort of stuff.
So basically unless you got thousands to pay a lawyer, don't be an internet creator at all?
@@WowCreativeUsername You could always lie
@@commentextary You could. It wouldn't be a very good idea.
@@WowCreativeUsername You kind of need thousands to be an internet creator period.
A computer is going to run you 2k+ easily. The recording software and gear will easily start in the low 100s. Then you need to have editing software, a camera, and so forth. By the time you've started up you probably have a small investment of 4-6k minimum. Which will rapidly be outdated and need to be updated.
Sure, you can just post shitty little vlogs, on low quality cameras, and maybe get a start, but it's not the early 2000s anymore. No one really wants to watch, or listen to a shit quality video, except for the most niche communities where a person is usually an expert at what they do. Be it a specific game, or so forth.
You don't *need* the fancy gear to try to start up, but like 90% of YT channels who post content have less than 100 viewers. So if by "Creator" you mean like a full time, or even part time job that makes you money. It's not happening. So unless you are just posting videos for the genuine love of a topic to be a "Creator" rather than successful, you need some money.
@@HauntingSpectre I mean...
- FOSS editing software exists (e.g. Shotcut), and you should prefer it over proprietary garbage
- What do you need a camera for...?
- No, a computer doesn't cost that much. A high-end one like mine maybe, but not an average one.
"This could be used against smaller users on the platform"
It already is, it's been a massive problem for years. There's countless stories every week from upstart or recent channels being hit by this system and either their information being leaked resulting in attempted ID theft, blackmail (often with ai nudes), IRL home/work visits by stalkers, etc, etc. RUclips knows this is a problem and they will never do anything to change the system because doing so would void their immunity to moderating content on their platform and being held liable.
@@lightjohn125 sadly it's something Thor also does, recently he's been DMCA'ing videos by smaller creators criticizing his opinion on live service games
The SSniperWolf/jacksfilms situation is a perfect example of this
@@Aegis---have you got any proof? I don’t watch Thor this is the first vid but to make a claim like this you need a bit of proof
@@Kero-zc5tc I've seen Thor publicly say that he does this, but it's against the clear copycat channels that just rip and reupload his shorts and stuff. With names like "PIrateS0ftware" or something like that.
I can't say to @Aegis--- claim though.
@@Ronald.Golleher yeah but that’s not misabuse of power, it’s proper use. All this really tells us is he knows how to dmca which isn’t really for or against him misabusing power
I remember I Hate Everything talking about this exact issue… nine years ago.
Damn thats a name i haven't heard of in a long while. He did eventually get the cool cat dmca's overturned in the end tho right?
@@dylan10182000 I think so. The guy who made cool cat backed off I think.
@@kimbertactpro9 ya "uncle derek" or something it was 🤣
It’s been a thing for a very long time and yet every time it happens people act like it’s a surprise and how could this happen… where have you been 😭
to be fair it was already a problem back in 2011,
i rember german content creators getrting false striked ,me as spart of their audiance
This DMCA Idiocy needs to change.
yes
As far as I'm concerned copyright should only be enforceable within the first year the product or service is released to the public, as it then becomes public domain. Most of the profit is made within the first year anyway. If you need to have the property protected long term, then you should be filing a trademark. And even then, it is only protected and enforced so long as actively used. This way you can't have companies like Disney and Nintendo holding their property in legal limbo until the end of time.
@@viedralavinova8266 Honestly I think tying it to a duration of time never made any sense. It should be set up so that after something is seen by a certain number of people, it loses copyright. That way it still protects small creators, but doesn't help bigger creators like Disney that don't need the money anyway.
@@globalincident694 that's impossible to tell though. There's no way to know how many people are listening to something or watching something only how many accounts are interacting. TV companies cant know if there are two people on the couch or ten. Imo the best way to handle DMCA strikes is just to hold the money for a month, not block the account or content. If the accuser can prove its their copyright within that month the money goes to them, if not the money is released back to the one who posted it. I also think that if something does infringe on copyright it should be left but but all money made should go to the copyright holder.
This is what happens when you have tech-illiterate politicians writing laws with corporate interests whispering in their ears what they "should" do.
My channel is far from immune to copyright claims, the vast, vast majority completely legitimate and I have never disputed them. I spent years uploading unofficial remixes of popular songs, the original labels are within their rights to claim those.
I’ve only ever had two DMCA takedown requests and one of them was on a song I’d uploaded which had used samples from a remix competition.
The remix artist had requested I upload their song, not told me that it was part of a remix competition, and then it got taken down and a strike issued.
It took three months to solve with the original label, even though I told them I’d take the song down, because this was when strikes lasted six months. My channel was at risk for months because I promoted a song I’d been asked to, because that remix used samples the label sent out for free in order to promote their song.
It’s a broken system. It’s stupid. It’s not RUclips’s fault. The worst bit is we all have to follow American law because it’s an American site, and America is awful at passing legislation these days so I have no faith it’ll be fixed anytime soon.
America? Dude, that's just government in general.
@@kyotra Why would someone who lives in America bring up any other country when talking about problems they personally have? Dude isn't going to bring up a place they're unfamiliar with, because they obviously are unfamiliar with other places problems by virtue of not living there, also relevancy. People mention things that are relevant to their situation and that they're familiar with, they're not going to bring up India's government problems when they're an American having problems in America. This is basic logic.
Frustrated English speaker: "God, English is such a dumb language sometimes"
You: "English? Dude, every language is dumb sometimes."
I really like your music too.
God do we need to fix copyright. Pirate Parties might actually be the way too
@@MammalianCreature He doesn't live in America, he's from the UK.
It's just more "America bad" tripe - getting real old.
@@MammalianCreature Because some countries claim jurisdiction, for instance some Japanese publishers will DMCA you if you even mention their product. Some nations like England will block out content, such as songs which happened recently due to changes in their law, being in a country does not mean another country's laws can be ignored.
People also issue copyright takedowns for streamers on RUclips and you can't appeal them until AFTER the stream is over.
A wild Pippa appears
da rippa
@@PipkinPippa its sad how RUclips hasn’t updated their copyright ToS and small creators get screwed over unless they have large followings like Iron Mouse has
A Solution is Coming, Rabbit.
You kind of can't appeal them at all if you aren't a pre-approved content creator. As Kaif has shown us, they let AI handle the counter-notification part of their DMCA system and as we learned from FeFe, they do not allow human review for channels that aren't partnered/monetized. Fortunately for him, he was partnered on his main channel, and thus was able to get in contact with partner support who quickly fixed things for him.
Something similar happened to a VTuber called Taiga as well. Their channel got mass reported and RUclips refuses to get it back up.
Was that related to the entire Nux drama? You know that guy hangs out with Shadman. That's some real yikes stuff
@@shadowsonicsilver6 Somewhat related I think. Nux was spreading misinformation but IIRC some stalker is the cause of the takedowns. There's some videos where taiga explains everything on the "Functional TaigaHolic" channel.
@@shadowsonicsilver6nux drove the nail deeper into the coffin than it ever should have been. (for the record, i hate that taiga was deplatformed and they should 100% have their stuff back.) i always hated that guy for his.. lets just say adult content focused videos. it pissed me off so much more when i heard he could have done something to help taiga and instead tripled down on false allegations and lied about apologizing.
@@shadowsonicsilver6 Not sure to be honest.
The problem is that misinformation spreads like wildfire on the internet. We've seen that from the Godot drama. So it's entirely possible that Nux is completely in the clear and all the drama is just haters parroting off each other or he could have a hand in all of this and we wouldn't know either way.
@@shadowsonicsilver6 Nux didn't *help* the situation--people who farm drama for content and don't quickly take full accountability for their own part in spreading lies never do--*but* the actual problem was a stalker who intentionally abused the kludged-together systems that allow for this to work. I think they even said outright they were also going to do it to other channels.
This strategy of collecting information for doxxing via DMCA was used by "Low tier God" against some smaller creators who didnt like him, then he put their information on blast, google street viewing houses on stream, etc. I can't remember what happened in the fallout, but this is indeed scary to think about.
Bro is a menace 💀
another stain on his legacy of shittiness
He didn't get into any trouble at all. In fact he got his Twitch back. He should have lost every single platform.
Some guy I've never heard about discovered an ancient loophole, woooow
@@skullman1234 you are absolutely right. Thankfully people are spreading this
RUclips's moderation and DMCA framework is a huge problem. It's totally garbage.
It's a DMCA problem not a youtube problem. It's a bad system even outside of youtube
It's not RUclips that's at fault. They need to do this in order to exist.
It's the DMCA system as a whole that is the problem.
@@dominicius77 It's getting really annoying and frustrating how people shit on youtube for ANYTHING that happens that is even slightly related to RUclips. Something good happens? RUclips didn't do that. Anything bad happens? RUclips & Google are pieces of shit for allowing this to happen.
It's a censorship tool. Use your brain and use it as a censorship tool of control. Be the bad guy and see how dangrous this is.
@@dominicius77 I think each DMCA should trigger background checks on the person submitting the DMCA and should be mandated to be done by a real person/people.
I know a smaller channel who did some "laugh at these cheaters videos" content, they had some claims or strikes made against their account by one of the cheaters. I forgot if they were youtube related strikes or DMCA strikes, but yeah. The channel in question decided to hire a lawyer who would basically be the buffer between them and the person striking them, the claimer got their lawyer's info, not the info of the channel. This was supposed to be in-line with youtube policy, and after much headache actually worked.
Kaiffy: ‘A cheater copyright struck me and failed miserably’ video?
@@howl1440 the dead by daylight, one?
@@ldratol4517 I was thinking of the Valorant one also there was also a couple of Overwatch ones over a year ago, but it wouldn’t surprise me if there were unfortunately a lot more videos like these out there.
More context for the video I think you're referring to: When he first had his lawyer submit the counter-notification, RUclips straight up told him that he wasn't allowed to have a lawyer submit it on his behalf. So he forwarded his Lawyer's response from his own E-Mail and was denied with RUclips advising him to seek legal counsel before filing a counter-notification. This made it pretty clear it was not actually reviewed by a real person, and the only reason he was able to get the issue sorted was because he was partnered on his main channel, and thus was able to get in contact with Partner Support.
Every once in a while this happens to a creator who's big enough that YT notices and fixes it. And then some people come out and talk about how this needs to change and how YT has to do something about it. Then nothing happens until someone big gets hit again. Those small ones just disappear without a trace. It's going on for years. YT's system is so great that you can get three copyright strikes at once on videos you made years ago and that moment you're history and nobody cares.
You can even get hit for private unpublished videos, which is absolutely wild.
@@aeden8008 How?? O.o
@@ThirrinDiamond My guess is they can still be content ID'd, even while private. There was an issue a while back with smaller channels getting strikes on videos they hadn't even published yet.
they should just abolish the three strikes system
0:52 IIRC it already has been. Pyrocinical was targeted by someone doing this several years ago, but managed to give them old info and there was someone else who talked about a former hacker and he was targeted using the same attack only to discover he couldn't have a lawyer sign for him, leading to the former hacker getting his last name and harassing his family.
Never thought i would read the name Pyrocinical. Man the MLG Meme Time on RUclips was great.
The people who do that shit are awful. I’m glad she got her channels back. I don’t really watch her videos besides her collaborations with Connor, but damn
I like tuning in just to hear her cute voice for awhile sometimes, a change from everyone else. Also whoever makes all her avatars do a great job!
@@pawsomelabrastead9244 that’s definitely true, her avatars are always really well designed
So long as everyone acts like they can make money off royalties for claiming it'll keep getting worse. The only way is to start making everything public domain.
@@viedralavinova8266 that's the stupidest thing I've ever heard. If everything is public domain then we will enter a corporate dystopia where all small creators earn nothing and the giant platforms who distribute media will be making all the money.
@@NihongoWakannai How are they making money off something that is free? That's the whole point
This is the exact same reason why a lot of creators on Second Life left because they got copyright claims they can't fight because they'd have to give up their privacy in a fake digital world where you don't have to be yourself. It's really unfair since the person making the claim can NOT actually own the copyright and be fraudulent.. it's like you're guilty before you're proven innocent, by fake people. It's a complete scam
Not only does the person making the claim not need to prove that they actually own what they're claiming, but 99% of the time they don't even use their real info.
If someone can send me a DMCA claim while pretending to be someone else, I should be allowed to call BS without giving them all of my personal info.
@@Bokatrice Exactly. I've been copyright claimed on some of my videos in the past from the background music that i know is ORIGINAL music from the game's developers/publishers who said they will not make DMCA claims on videos/streams that feature that game. So I KNOW doesn't belong to the claimant.
After hearing Thor's explanation it makes sense now I got hit with copyright claims. There is no way to refute what you already know is a bogus claim, there's no way to verify claimant has any actual rights, as RUclips makes ZERO effort to vet these claimants. You're automatically guilty for 30 days so they can make money off your videos before the claim is lifted.
It's just massive SCAM that RUclips perpetuates with their ads that 90% of people block anyway.
@@fragalot the best is when the bogus claims get taken to other places. A friend of mine used to upload videos of her art projects for university, some of which were taken down for dmca claims. She then almost got expelled because whoever filed the claims told her university that this was evidence of her plagiarising uni work. Completely killed her motivation, she ended up having to take several years out of school
18 years of being on the service, and this is a first of even me hearing this.
Background: I was the programmer for Kinzart avatars, and wrote a popular vendor system for other creators.
@NeverMakingVideos this is how kommyunysm works. And yes I'm having to censor the word even. It's easy wise than you kids realize. 12 trillion dollars were free-traded into the NWO under the UN.
Slight correction:
Only the VOD channel got DMCA'd.
The main channel was banned due to the "ban evasion clause."
So basically, if a channel from a creator gets banned on RUclips, all that creator's channels will eventually be banned as well since it counts as a "second channel to evade the ban."
Still bullshit regardless
Yes, because technically, if you READ the TOS, it's actually AGAINST the TOS to have multiple accounts at all.
@@SunbearSmoke Strange. There's literally a "Switch account" button in the RUclips main menu. Also it's my first time ever looking at the TOS but a quick page search of "account" and I didn't immediately see any language forbidding multiple accounts. Did I miss it?
@@doublex85 he's bullshitting
@@SunbearSmoke What is this, RuneScape in 2004?
There's a problem and a good reason you can't fight back on youtube, besides them not caring: They have not implemented the system legally. According to the law they are required to have someone execute an ACTUAL DMCA claim, which is fraud and perjury. But youtube's system does not actually require you to file that, just tell youtube 'this is mine'. It is not legally binding till after you have shared your private information and force them to the court stage, at which point they can back down rather than file the real claim to bring to court.
Sounds like something YT can be sued for, if enough people banded together to pool their money against Google and Co.
@@aRandomFox00 Probably, though the issue remains being able to drag them into court. Small creators can't afford it, but this is probably why they're quick to fix things for large creators, since they could but don't have a reason to if the problems taken care of.
The reason why RUclips has this fake DMCA system is so that they don't get sued out of existence. I don't like how they handle things, but there's not much they can do since they host so much copyrighted content.
It's literally Working As Intended, kids. Stop pretending this wasn't planned out during the Clinton administration. You think Reality TV was an accident? How's about the fact they could sell meds to the gen pop on TV. Don't get me started on cars & ethanol.. can you all not see finally? - ppl play games with the works before the had computer
This is a great example of the law getting too far ahead of the technology. It doesn't just shut the door on legit uses, it also opens doors for unforeseeable abuses. DMCA is built around 90's tech. Sites like RUclips didn't even exist yet, and most of the current situations it just doesn't work.
Pants have been top notch! Thank you for the content!
It’s more like RUclips capris, not long enough to be pants but not short enough to be shorts
Never thought I would see regular videos referred to as pants
0:34 i have worked hard on my channel for over 10, nearing 11 years - i haven't been successful enough that if i faced this issue, i wouldn't be able to get enough help to turn things around ..i'd be done
DMCA should stand for Don't Make Crazy Allegations but instead RUclips and the DMCA framework didn't get that memo...
RUclips's copyright system was supposed to be "temporary solution". This is what happens when you half-ass your projects lol.
youtube has no choice, DMCA is a law that was passed eight years before youtube even existed. The law requires all online service providers allow copyright holders have a way to remove content. RUclips has to take down the content WHEN THE CLAIM IS MADE. They do not have a choice as a US company.
"If a notice which substantially complies with these requirements is received the OSP must expeditiously remove or disable access to the allegedly infringing material. 17 U.S.C. § 512(c)(3)(B)(ii)"
@@Yellowredstone They don't have a choice we need to get congress to change the law.
"If a notice which substantially complies with these requirements is received the OSP must expeditiously remove or disable access to the allegedly infringing material. 17 U.S.C. § 512(c)(3)(B)(ii)"
RUclips has no choice but to remove the content when they get the claim even if its not a real claim.
@@limerency5834 No crap DMCA existed before RUclips, but they were never finished with this system like I said. There allegedly were plans to make it better and still have it comply with DMCA. Then again, the previous RUclips CEO said multiple times they would create a better system to communicate with them outside of using Twitter, and we don't have that years later and now she died of cancer.
For once, it's not RUclips's fault. There's no financial incentive for them to do this please think that one through. Remember that RUclips play ads on channels no matter what to the point they would actually benefit from re-uploads and piracy.
15 year old problem, this hasn't gone away and will never go away. it is designed this way
A guy got doxxed for exposing degenerate behavior on a lolcow 6Arakin, got his whole family and all shown on stream and discord, then removed the claim because he got what he wanted. What was his response when he got asked about it? "Cry about it" and "I'll do it again". Yt won't do anything to small creators, ever
I'm not sure if it was because of the backlash. Vshojo was getting lawyers involved and I'm pretty sure that's the reason for their return. It still holds to your point that she had more resources to fight this than the average streamer.
@@LunaExpiX They don't actually. Its why they set up the system the way they did in the first place. It removes their liability since they're not the ones issuing the strikes. Maybe research the actual legalities before saying who can sue who.
@@2centschange Alright I'll delete it
DMCA requests should have to prove their claim to be able to do the takedown before it is taken down and not the reverse. That will always be possible to abuse.
I agree.
But DMCA is designed to remove stolen copyrighted content as fast as possible.
Anything that slows down the current process isn't gonna fly because music companies will complain and they have more money
Remember the whole "Innocent until proven guilty" bit?
No?
Well - Neither does RUclips.
@@Reelix RUclips is not the problem here
@@Cheapshot512 This isn't on RUclips. This is the process laid out in the law. Not following this (terrible) process risks ending Safe Harbor protections for RUclips.
A real DMCA takedown requires the person to include a link to the original content and explain their ownership relation to the content. RUclips removal requests aren't actual legal dmca requests.
Happened to the German Community. Someone hacked into two E-Mails from Nintendo and tried to DMCA strike a big Nintendo RUclipsr called Domtendo but also American ones where included in this. Causing them almost to be shut down. Dude had like depression poor guy. Apparently this has been going on for years with this person and half of the DMCA strike came from him not even Nintendo themselves. Issue has been resolved and they are trying to catch that guy or he already got catched. RUclips should really do something against that.
Was it that asshole Aaron Burns I think his name was. Blight upon the Nintendo fandom.
Was it the blight upon the Nintendo creative community known as Aaron Peters? Absolute basement dweller
EDIT: Some people in the comment section have pointed out that the following strategy doesn't work the way it used to. Leaving it up for clarity and awareness.
Form an LLC you wholly own, pay someone to create BGM (it's important that it's entirely original and that you wholly own it through the LLC) for your content that the LLC wholly owns, put that copyrighted music in all your content (which you should also file all of your content as IP of that LLC), and then - and this is key - pre-emptively copyright claim your own content through the LLC by having the LLC claim the content has their music in it. This way you get the money from the content and it prevents people from copyright striking your content through spurious claims, unless youtube has changed it so multiple strikes can be up at once. Use the system against itself until the system gets fixed.
yeah, this is what kpop repost channels use to get away from reposting other people's songs and stealing views from the artists...
There is only one problem with that idea, Dragonforce got falsely DMCA'd and they own the rights to their music, they still had to complain to RUclips to get it fixed. Owning all rights to stuff does not prevent false DMCAs. The only real ways to solve the issue are to either repeal DMCA entirely and replace it with a better written law, or make a new law that gets tacked onto DMCA that fixes the problems.
@@Dartingleopard You missed the point of my comment. You have to pre-emptively copyright claim your own stuff through the LLC. You form the LLC and put everything under it so that the LLC can file the claims/strikes on your behalf. Unless RUclips has changed their system, something under a copyright claim cannot be claimed again. That prevents the fraudulent claims from ever happening. It's not about ownership, it's about abusing the strike system to your own benefit.
Basically, you have to use a shell company to hold your stuffs
Last i checked, you can have multiple DMCAs on a video from different vendors.
And your idea works, but i think it's until you get multiple DMCAs on a video... Then the revenue starts being split (i think?)
Or the revenue is halted altogether and it goes to youtube??
I forgot exacts, but i remember someone "fighting" a dmca troll by dmcaing their own videos like youre saying to do
1:45 A Company called Epidemic Sound has done this exact same thing. They will Copyright claim and strike your videos even if you have paid for a license by them. They have targeted smaller creators that use their service, NEVER SIGN A THING WITH THEM.
im pretty sure thats how its designed and then you need to dispute, and they will took the claim down if you bought the license...
I've never had an actual strike from Epidemic Sound and have used them for 3 years. Claims pop up for the artists on occasion or someone that's used the instrumental track and added their own lyrics, but in every case, they have removed the claim after I have disputed it. They do have some weirdness on RUclips shorts for a while, but never a strike. I just quit doing the vod channel thing on RUclips to be honest.
"it's why we don't post vods in our channel anymore"
we live in a reality where pirate software doesn't post vods anymore due to a faulty copyright system
I really enjoy these small clips of some really intresting topics Pirate covers in is streams that are very easily missed if your not tuned in and they are little nuggets of gold
To a Vtuber like ironmouse, who has many… let’s say over enthusiastic fans, with her physical health issues, her privacy is worth more to her than anything. To abuse RUclips’s copyright system to get this info from her is downright heinous and I hope the person or persons responsible are brought swiftly to heel
finally someone who could explain the situation in a simple straight forward manner. Everyone else, including ironmouse herself, spoke about it in some mysterious secretive manner
"This isnt a youtube problem, its a DMCA law problem."
"RUclips needs to do something about this"
Those two statements are not contradictory.
It can 100% be an issue with current DMCA, while also having an easy solution in RUclips doing their job and providing assistance to CCs without taking long or legal threats to do something
The DMCA was written in 1998 when streaming video was not a possibility and everyone had their personal information in the phone book. It was a different world.
In 1998 videostreaming already did exist. but to a by far less extent and very choppy.
Damn Thor your editors are cranking out pants
It really goes back to the Tom Scott video about copyright systems; RUclipss copyright isn't broken, the world's is, and RUclips is just stuck enforcing it
It's almost like DMCA and the music industry has way WAY too much power. Love how DMCA strikes are "guilty until proven innocent"
it's guilty until proven innocent but you don't even know who claimed you were guilty. since they don't have to provide anything that gets checked
The amount of times I hear about these sorts of stories where the only reason someone's lively hood wasn't ruined is because they are basically a celebrity is so depressing because we *know* it happens to smaller creators all the time and we just don't hear about it because they aren't celebrities.
I think Ironmouse and Vshojos lawyers may have had a lot to do with youtube bringing the channels back up too, but that's still something small creators won't have access to.
I'm still impress on how in our daily lifes we encounter nonstop stupidity that either forces us to kneel or forces us to fight back an never ending cycle
"we haven't really seen this before" no this stuff has been happening since forever.
This video needs to blow up. Commenting for the algorithm.
ong this is messed up
Why isn't the DMCA requirements on the one who makes the claim? If you're claiming x song is yours, proof should be needed before a strike ever happens.
This whole "we believe you until the accused proves otherwise" is so un-American
"we believe you until the accused proves otherwise", more like medieval bs
So process was designed for Large Enterprises dealing with Large Enterprisies. Immidiete takedown of the offending material insures that entity filing DMCA claim is not hurt by someone using theier Intelectual Property.
In the world where DMCA was envisioned after the takedown of the ofedning material was taken civil lawsuits would be filled to figure out this shit. Now when one person can just fille this shit out without following trough to the Court phase it is easy to abuse.
If this was taken to court it would most likely have gone in Mouse's favor. Problem here is that the claimer probably provided proof, but the proof won't actually be looked at closely until it got to a court (or got enough attention for YT to manually look at it) so they can just submit anything. This includes essentially a note that just says "trust me bro".
The system works like it does because YT are really really scared of being forced to be held liable for the copyrighted material on their platform. So they more or less just automatically say whoever did the claim probably was correct and for the claimer and claimee to solve it themselves. This allows them to dodge any angry copyright holders since they just immediately step out of the way and dump the problem on the uploader.
The issue boils down to big corporations have a lot of money and power while the individual doesn't. Big corporations can therefore create big problems for YT while a individual generally can't.
Corporations are much more likely to be the ones striking others instead of the other way around, so YT massively favours that side.
So this problem is exactly the opposite of un-American.
We really need either a realistic competitor to YT so creators can threaten to leave the platform without losing their livelihood, or a lot of updates to DMCA laws. Preferably both.
Idk why it's like this, but it's been a problem for like a decade at this point so I'm not sure why some lawsuit hasn't made RUclips change it's dmca system
That's what the tech community said some 25 years ago when the DMCA was proposed, but nobody seemed to care
1:10 "just use an LLC" - they're not an option if you're not US based!
You don't need specifically US's LLC, every country has some form of legal entity you can form, which can either represent you, or to which you can transfer copyright for all your content.
she is US-based. Other countries might not have "LLC" but they'll have something equivalent.
1:10 any info on how to set up an LLC for a RUclips channel?
You basically set up an LLC and register everything for the youtube channel(s) under that LLC
Similar to setting a LLC for any business, really.
Just do it lol
The fact this is same issue keeps happening after so many years, is astonishing
This has needed to change for a very very long time. It should also be a criminal act to file false DMCA claims.
Y'know. Ive been searching for vods from thor for a awhile now, work schedule and all that, but this is a very good reason why i can't find any. Im sorry that hear that this is even something you have to worry about
As with most "protections" on the internet, it's about making the internet less anonymous. The people in power want to know everything you do, even if it exposes your data (intentional or not? You'll have to decide for yourself.) to people with bad intentions along the way.
I think it’s just about money.
Damn man, Every video I watch by you, I gert more and more inspired to follow my career in gamedev. I start college in 5 days. I know people say you don't need college, but the courses that are being offered, help me with my specific way of learning. (I am autistic and need things to be fully explained)
Wow, that is absolute garbage behavior. Sucks that the system is set up like that, hopefully RUclips can find some legal workaround that stops people from abusing the system.
RUclips doesn't give a single shit. They are quite busy in fighting against adblockers. Or else they would work on the bot problem in the comments for example.
It's all about their ad-money. If you don't bring them enough ad-money (enough means a whole freaking lot), you cannot even speak to a real person if you have a problem. You just get a bot that tells you that "there is no problem, even if you may not agree with that".
Unfortunately they likely can't.
DMCA is "You follow our rules or you get shut down. No exceptions"
I feel like, taking a moment to actually investigate if the claim is real in the first place should be legal, and allow them to stop this. I would be baffled if legally, youtube has to just let every single DMCA strike go through without at least being able to check that the person making the claim actually owns the content like they claim they do
@@hallowjupiter6305 I don't think that's even possible.
RUclips is too big to properly be manually checking everything, and the moment to check they may possibly be able to legally defend themselves with is too short for that.
It's also why the algorythm is deleting random messages more often than not, youtube is too big to be moderated but at the same time they have to get rid of everything that can get them in trouble asap (and the "as soon" pretty much means instantly) as they got (like any other big platform) every eye on them.
I'm almost certain that they most likely got an algorythm filtering out a lot of fake ones automatically tho, simply because you can't convince me that the same people who made the bots that constantly disrupt the comment sections (which most likely also causes random deleting of messages from time to time due to false positives) don't have bots running to spam fake DMCAs aswell.
Poor Ironmouse, man... I don't watch a lot of her stuff (or a lot of VShojo in general) but I've only heard good things about her.
I've heard she's got some kind of immune system problem, and that she runs a lot of charity streams to help other people who have that issue. Thank god she's got a community to keep her from succumbing to random acts of hate.
I don't comment often, but apparently doing that helps a video get more weight in the Almighty Algorithym, and this DMCA crap should get as many eyes on it as possible.
RUclips is absolutely abysmal with how they just allow copyright trolls to run rampant. Smaller channels struggle to survive and a lot of people wont have the knowledge to combat these fraudulent claims. If youtube actually cared enough to even have a single person look over a case for a few minutes before *deleting an entire channel* they would be able to easily stop it from happening.
A single person absolutely isn't enough to take on the DMCAs going in every single day.
Not to mention that they're a big company themselves, so they have to abide by the rulesets for it or they're toast for not acting fast enough, as easily seen by how often comments get deleted at random.
I'd not even be surprised if the legitimate DMCA requests on a daily basis are so high that even checking those would require too many people to be sustainable - and I'm even less surprised if most fake requests are actually blocked by an algorythm already with only a handful (in comparison to those getting in) of them getting through.
The last story reminds me of the person who made songs with the Minecraft music as a base, then DMCAd a bunch of people who were playing Minecraft.
As a creator myself, I hate that doxxing yourself is the only way to protect yourself. People often threaten to kill my pets, so I cannot have my location leaked, and then as such I cannot protect myself in the case of false copyright.
I'm seeing other people say that if you go through a lawyer, you send along the lawyer's information rather than your own, thus protecting you. Might be worth looking into if you can
@@Zichqec yeah, I’m going to make an llc or similar shell company and register it through the address of an accountant office or similar. Lawyers are very expensive so a big friend in this field recommended avoiding them unless no other option exists.
@@Zichqec Unfortunately no. RUclips will not allow you to have a Lawyer submit it on your behalf, and if you aren't a partnered/monetized channel you'll likely be automatically denied by an AI anyway.
the whole Vince Vintage saga was so frustrating to watch because he couldn't even use a law firm to send a counter-claim, we wasn't allowed to. he had to use his personal info and send that to his stalker.
I've seen several posts from lawyers giving open permission for people in this situation who think they are getting doxed to use the law firm's contact information on the counter-notice. I don't know if there is any thread out there keeping track of these offers, but it would be a valuable resource for someone getting targeted like this.
This may go badly. Remember this is a legitimate legal issue you're engaging in. You might think "oh its just a bogus claim" but if for some reason the person decides to follow through then you will now be forced to pay the people who you've marked as your representative. You should really only mark someone as your representative when you have an actual contract with them to be your lawyer.
"And that's why we don't post VODs on our channel" was not how I expected this to end
This has been used against BungoTaiga, and is very rarely talked about.
At this point DMCA is being more misused more than it's being helpful.
Poor Ironmouse. It'd be so cool if we could just build a platform, a community that doesn't do sht like that. But sadly with millions of users there will always be deviators
"We need to stop this from happening again" was something we said years ago. Nothing has changed. Nothing will change.
Similar thing that Taiga is going through right now. Her channel is still gone and RUclips hasn't done anything about it.
You'd think that people would leard not to cyber attack the hacker, but you'd think logically, and that's where you went wrong.
ymfah got copyright claimed for using the skyrim theme...by someone saying it was a rappers song that had sampled the skyrim theme, the youtube legal system is a goddamn joke
This must be a long time ago because it’s funny you’re bringing it up now
this is why you need to set up an llc at a po box for your RUclips channel.
lol he states this latter in the video
thx for the awarness. im planing starting streaming soon . its good to learn some of the thing that could happen when you take the creator content path.
RUclips does deserve a lot of backlash for the current state of the copyright system. But we also must remember that most of the issues are not entirely related to RUclips but how DMCA and copyright law works
While DMCA sucks RUclipss Removal Request system is even worse, they require less information then what is required for a actual legally effective DMCA takedown notice, and they seem to release the personal information in case of a counter claim willy nilly instead of only doing it if the claimant requests it through a US District Court subpoena (which is when DMCA requires that information be given) and I imagine the once abusing DMCA would have a hard time managing to get the subpoena sent since they arn't actually the Copyright Holder, and they might not be to keen to hand in a sworn declaration to a US court either.
Set up an LLC that owns the channel and collects the revenue. Pay yourself a salary from the LLC. The LLC is then the affected party in these situations, and not ironmouse personally. She can then fight back under her LLC. Its essentially the point of limited liability companies (LLC) is for this reason (and others obviously).
Separate your business and personal lives if you're going try to stay anonymous in business...
The fucked up thing about dmca is they can strike non monetized archive videos because Google has the authority to force ads on videos with ads turned off. Had a csgo block fort map showcase that I did because I liked how they translated one of my favorite Mario kart for ds maps into one that works well for gun game. Even though I never turned on ads for most of my videos it was marked as demonetized along side a few other videos I turned off ads for it's really stupid that dmca is still this shit after the many fair use fiascos over the last 5 years
Getting DMCAed over using specific Soniccouture patches or the like is a genuine "what the hell" moment.
Water is wet , community been talking about it for 10 years but RUclips is doing bare minimum but to be fair it's law fault not RUclips , copyright laws are bullshit by design.
The fact RUclips decides you're Guilty until proven otherwise is disgusting.
Copyright legislation is fundamentally broken when it comes to user-generated content and the current online landscape. It was designed to protect a few monolithic publishing companies back in the day, who saw Napster et al and wanted a quick band-aid, leading to a severe power imbalance between the claimant and any defendant.
Copyright/patents was designed originally to ensure that people could profit off something they made, without bigger entities with more resources coming in and copying them and reaping the benefits of the other person's creativity. People would stop making new things, if there were only a handful of big corporate entities making a monopoly. It was an attempt at protecting a Free Market.
The problem is that over the last 100 years, those same "big entities with all the resources" just turned it around and spent money lobbying to "protect their work" far beyond anything originally intended. To the point of stifling the other end of creative works: iterations from the original. And creating stupid loopholes like this for abusers.
And barring extreme vulcanizing situations, the people don't care enough to push that something gets changed so that this gets properly fixed.
Good for her, that everything solved safely.
LOL welcome to RUclips 2017 and onwards Thor. this has been happening for years and RUclips won't do shit about it.
Kaif of Salt Raiders hightlighted the same issue including the problem that RUclips says you can appoint a legal proxy but then rejects the counter-claim for the exact reason of not being allowed to appoint a proxy.
It's been a long-running issue that people can submit a copyright claim annonymously or provide fake info. One of the read-reddit stories channels I watched got DMCA for copyright music when the videoes HAD NO MUSIC AT ALL. It was entirely narrated with some silent gaming footage playing in the background.
How the hell are there comments from 2-3 days ago, when it says the video went up 8 secs ago, lul? Was it private or something?
Members first.
3 dollars a month for watching videos earlier, basically p2w smh
@@Palemis Bad in my day when people made a comment you knew they earned it, now that same comment is 2.99.
Yeah, I’m so thankful that Mouse had her community and most importantly, her agency and agency lawyers who could resolve this for her 🙏🙏🙏
You can get a lawyer to submit it for you, its then a lawyers business information being sent instead of any individual.
An easy solution, if you're made of money.
@@chernobyl169 Ironmouse is rich enough
@@chernobyl169 ever heard of Pro Bono legal representation?
But what about people who are not rich, what then @@chrismclean4789
Go to a random class of 16 year olds in a low-middle income school. Ask how many of them have their own personal lawyers on call.
They'll look at you like you're insane.
This reminds me of Mumbo Jumbo years ago... I still miss the intro and outro song!❤
I've not yet seen this happen to a channel without Ironmouse's popularity. However, it's very uncommon for such a channel to have the weight to go to, and stay through a court preceding. While fraudulent DMCA claims are technically illegal, they operate in the same way as S.L.A.P.P suits do to suppress smaller orgs.
@@draexian530 you haven’t seen it happen to smaller channels because they don’t have a voice and are just gone once this happens to them, with no help or recourse. The system is routinely weaponized to silence criticism and eliminate competition
@Axelarden I'm also really innatentive, but none of that's untrue. I do remember the madness Stephanie Sterling went through over Digital Homicide, but they survived that and it isn't exactly timely as an example.
> I've not yet seen this happen to a channel without Ironmouse's popularity.
Probably because those just disappear without any fanfare since by definition they're not popular enough to bring attention to their disappearance?
There is a special place in hell for people that do this...
2:05, I'm not even surprised that it's done by India, it's just like those ai slop channels on RUclips, they're all content farms anyways
It's not done by "India", it was done by some as*ho*le guy from India. Don't include the entire country just coz of few idiots. If a school sho**ing occurs in America, we don't say oh look it's no surprise that it's done by Americans. It's just some idiots in America who do that and not all of em.
@@DenLim123 Dude
@spider6427 am I wrong dude?
Me, an Archaeologist: "Ah yes I can tell this is from the beginning of the millennium because they used the word 'Millennium' "
Yes, this happened to Taiga.
this is why ppl need to get the dmca changed bc this happens to so many youtubers streamers etc. worst part is the people striking are using an address to a black hole essentially. i tried to "track" a thing who striked somebody i knew and it was an address many scammers etc use. was a forwarding office which is a "black hole" while the other side has to use real address email banking etc for many reasons; if yt needs to contact, sponsors need to send stuff, etc. what happens during this time can be death of person sent popo, bad mail, etc or got others to do it.
DMCA overall needs a rework.
We see it being used by larger corporations against people not trying to compete with them(fan games in some situations)
We see it used in proper context in other situations like Yuzu; even though it wasn’t used, it could have been.
But this?
This is targeted attacks on people.
This is not acceptable.
The fact yt forces you to give the enemy your personal info and address is royally fuhct
I wouldn't be surprised if this was done by a bunch of Kai Cenat fans in response to her overtaking him as the most subbed Twitch streamer.
@@MrAwesomeMatty I’m pretty sure the RUclips channel dmca happened before she overtook Kai, I might be mistaken though
happened well before that, but it was absolutely a targeted activity
this is everywhere and like he says most go unheard like a little mouse dying in a corner
RUclips has a looooooong history of mishandling the copyright system. I hope that they come up with a better system but I dont believe they will.
RUclips is not mishandling anything. They are working within the confines of the law, which basically makes it so they have to be hands off, or they become solely liable for any DMCA claims. I am going to assume that you are American, in which case, if you want RUclips to be handling DMCA better than they currently are, petition your federal government reps to change the DMCA laws. Until those changes happen, RUclips will continue to be hands off on the vast majority of DMCA claims, because they do no want to take on all the culpability of randoms uploading copyright content and then being sued for it.
As I saw someone say elsewhere, the issue is the DMCA is terribly antiqueted. It's one of the many cases where the law has not evolved to match the tech it's supposed regulate.
False/troll DMCA should result in fines.
This has happened to small creators many times, and many never recovered from it and had to start all over or give up.
I get the personal info being legally required as part of the DMCA, but having to manually challenge 300 claims over the same claimed issue seems like it could be fixed by RUclips.
Thor, i'm sure you're aware, but using different audio tracks in OBS allows for music and anything with copyrighted material to be played on for example audio track 3, and disable track 3 for the vods, works wonders at least on twitch, sure, vods have no music are are more stale, but it's the price of keeping things up, so i don't mind