DMCA does not allow false DMCA / Copyright claims at least to my knowledge, but IANAL (I Am Not A Lawyer) so I could be wrong on this, but that is what I have heard for the past nearly 15 years since I first heard about people having issues with false DMCA/Copyright claims.
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Replying to @jakiraokami @jess689_ and
I mean I would hope they don't allow false copyright claims, I don't get how that pertains to anything?
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Replying to @Bucket_Of_Crabs @jess689_ and
They do, though. That's the problem, they allow it and don't punish the people that do false copyright claims. Which allegedly this is, so... how does it not? But let me attempt to break it down to you again, I guess?
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Replying to @jakiraokami @Bucket_Of_Crabs and
Someone files a false copyright claim, youtube allows it, they leave fighting this false copyright claim entirely up to the content creator, forcing the content creator to go to court against the false claim if the claimant does not give up. The court system might punish the
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Replying to @jakiraokami @Bucket_Of_Crabs and
claimant, but youtube does not. THe content creator however gets punished immediately, demonetization of the video, depending on the type of claim they even become unable to stream to youtube, unable to upload longer than 10 minutes of video etc..
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Replying to @jakiraokami @Bucket_Of_Crabs and
But even if the content creator takes the claimant to court and wins, youtube still does nothing to that claimant, that claimant can just go straight back to youtube and file another false copyright / dmca.
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Replying to @jakiraokami @jess689_ and
I don't think Youtube has the legal right to block companies from using the DMCA system like you seem to think the do? Like yeah maybe punish them but how? The only thing they care about is their Copyright, which youtube must help them protect under DMCA.
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Replying to @Bucket_Of_Crabs @jess689_ and
As I stated, the punishment should be the same. False copyright claims and DMCA takedowns should be punished with the exact same punishment that is given to the people being falsely targeted. The law itself does not allow for false copyright claims nor dmca takedowns, but the law
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Replying to @jakiraokami @Bucket_Of_Crabs and
does not force youtube to punish people for doing it. The law does however force youtube to punish content creators even if they are falsely accused. The law does however not -stop- youtube from punishing people that are doing false copyright claims and false DMCA takedowns, that
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Replying to @jakiraokami @Bucket_Of_Crabs and
is a choice youtube themselves choose to make. So YouTube is making the concious decision not to punish these people. Also, false copyright claims and dmca takedowns are not only done by companies. For instance, Alex Mauer https://youtu.be/dUEECgeBMg0 https://youtu.be/jrKYXiPxR5k
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Or how about Jim Sterling vs Digital Homicide:https://youtu.be/qS-LXvhy1Do
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Replying to @jakiraokami @jess689_ and
Yes but the only punishment youtube could try to pursue is a lawsuit over these so called "false dmca" cases, but I don't know what law they broke or how they caused youtube any damages?
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Replying to @Bucket_Of_Crabs @jess689_ and
Filing a false Copyright claim or DMCA Takedown is illegal as far as I know. That is the law that they are breaking. The punishment is up to YouTube to decide, currently, they have chosen to have zero punishment.
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