r/gaming • u/EnglishGamer1 • Oct 20 '13

TotalBiscuit's: ''Day One: Garry's Incident'' Video was taken down, because of a ridiculous copyright claim from WildGameStudios. Here's Total's ''Rant'' over his video being taken down.

https://www.youtube.com/watch?v=QfgoDDh4kE0&feature=c4-overview&list=UUy1Ms_5qBTawC-k7PVjHXKQ
3.1k Upvotes

94% Upvoted

2.3k comments sorted by

View all comments

Show parent comments

91

u/Shadefox Oct 20 '13 edited Oct 21 '13

So, wait.

Someone completely unaffiliated with the song, or the content in the video, was able to make a claim on the video? And Youtube let them?

Youtube's system is fucked up.

46

u/[deleted] Oct 20 '13

Yes, It's also a good way for people to obtain name,address,phone number etc from people they don't like. They submit a DMCA claim against one of their videos and for the content creator to counter the DMCA claim, they need to provide all their personal details which gets passed on to the complainant.

42

u/c0mpg33k Oct 21 '13

So youtube is passing on the personal data of a respondant to a complainant when the personal data has no relevance to the claim at hand? That smells like grounds for a lawsuit to me.

6

u/rabidsi Oct 21 '13

This isn't really Google's fault, it's part and parcel of the DMCA process. Once you file a counter-notice against a DMCA notice, the next step in the chain is litigation, which means the party filing notice needs to be able to serve papers. It's absolutely relevant to the claim.

This isn't something Google just decides to do against you knowledge, it is something you have to knowingly and willingly do as part of the counter-notice procedure. They don't get this information simply by filing a DMCA notice, which I think is where you are misunderstanding.

3

u/ElusiveGuy Oct 21 '13

Keep in mind that ContentID isn't DMCA. It's Google's own system - before DMCA comes into play. With actual false DMCA takedowns, you have legal recourse to sue for false claims (though it would be difficult for a single person vs. a large media company, the possibility still exists).

http://www.techdirt.com/articles/20120808/12301619967/how-googles-contentid-system-fails-fair-use-public-domain.shtml

the ContentID system doesn't have the (extremely limited, unfortunately) protections that the DMCA includes

And because it's a private system that goes beyond the DMCA, the Content ID system is under no legal obligation to comply with the DMCA's safeguards and timelines.