what part of this takedown is valid? they have no obligation to accede to invalid requests for takedowns.pic.twitter.com/Kc7Xt4p6ye
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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.
also, by your definition, if WB even BELIEVED they owned something in the video, the claim would be valid.
Yes, if WB believed they owned something it would be valid. But in order to support that belief they would have to have some kind of copyright. If their belief was something that obviously they don't own they would get sued for falsely using the DMCA takedown system.
do they own the content if it falls under fair use?
We don't know if it falls under fair use until a court decides it. Obviously we can see how the court would most likely rule here, but we don't have to, because it seems UMG will sue the content creator or drop it. Thus proving if it was fair use or not.
sorry? a court? but in your own link, wordpress states that THEY determine what counts as fair use before allowing claims to go through. why isn’t youtube able to do this?pic.twitter.com/WRBPMOEPL8
Oh, im sorry if I misled you. Youtube can in fact do whatever they like they will just be liable for any damages in the case they lose.
back to my original question, then. is youtube being forced to follow a law as written, or are they simply failing to do their due diligence? i think you just answered it for me though. that’s the whole point of the criticism they’re receiving, isn’t it?
I don't study law but : "To fall within the protection of the DMCA, an internet service provider must, among other things, take certain steps when it receives notice that infringing material resides on its network" https://dmca.harvard.edu/pages/overview Seems to imply they do [cont.]
one of the steps is determining whether the content being claimed falls under fair use. i honestly can’t tell if you’re fucking with me at this point, man, that is incredibly easy to find out even for us non-lawyers.
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