am i missing something, or are you?pic.twitter.com/u7zboDdlTI
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am i missing something, or are you?pic.twitter.com/u7zboDdlTI
Simple, companies say that but never actually act on it in all but the most blatantly obvious cases because fair use is mostly a defense used in court. For example when Trump used Tim McGraw in a meme Twitter followed through with the DMCA request even though it was fair use.
so what are you saying, exactly? is youtube being forced to obey a law as written, or simply failing to do their due diligence?
No, they are compiling with DMCA such that they are not held responsible. All DMCA is designed to do is protect hosts from being liable for people who use their platform for copyright infringement. If Youtube rejects the claim they become liable.
what part of this takedown is valid? they have no obligation to accede to invalid requests for takedowns.pic.twitter.com/Kc7Xt4p6ye
It's valid in that the company believes it is. IE they are not using the DMCA to try to takedown something they don't own or something along those lines. As long as the company believes infringement happened its enough.
what’s the point of including a clause that says a claim must be valid, if, by your definition, the very act of making a claim validates the claim? utterly asinine, circular logic.
Well, if youtube sees that Warner Brothers DMCA'd something that contains not a single Warner Brothers copyright property, it's not valid. This isn't up for debate because no part of the video can even possibly belong to Warner Brothers and thus the DMCA is invalid.
answer my question, please. this is both obvious and totally beside the point.
That is my answer. When they mean valid they aren't talking about fair use. They are talking about whether the DMCA is literally invalid ie people using it in a completely incorrect manner. The manner UMG is using it the correct way, they will just lose in court.
fair use is part of the criteria for a claim’s validity, so that’s just not true.
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