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Comment by Khaine | Hacker News Reader

Except they are not using the DMCA, they are using google's own content id process, which has no checks and/or balances[1].

[1] https://www.forbes.com/sites/insertcoin/2013/12/19/the-injus...

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Not exactly true. The YT claim system is optional. Either party can bypass it and force it through the DMCA/other legal process if they want (the claimee can do this by filing a dispute+appeal). Of course doing this opens the claimee to potentially far more dire consequences if the claimant chooses to for example file a lawsuit against the claimee, which is why disputing+appealing can be dangerous and most creators aren't willing to do it (or they might just dispute but choose not to follow a rejected dispute with an appeal).

The benefit of the YT claim system is that 1) it usually gives a good enough remedy to copyright holders such that they won't feel the need to file DMCA takedowns or lawsuits against creators 2) it isn't subject to the DMCA's repeat infringement requirement (which manifests itself on YT and most other platforms as a 3-strikes-your-out policy) 3) it offers far more granular remedies (a claim won't always result in the video being taken down for instance) and 4) it's optional! If a claimee is willing to defend their content against a DMCA takedown or in court if need be, then they can always dispute+appeal

On the other hand, one of the big disadvantages of the claim system is that it makes navigating YT copyright confusing as hell to those unfamiliar with it. The misinformation that's so prevalent on the claim system just makes everything so much worse. Not entirely sure how YT could improve that TBH.

> Either party can bypass it and force it through the DMCA process if they want

That's not true as far as I can tell. If my video gets claimed there's nowhere in the Youtube UI that allows me to do this? If this is really an option could you show me how to do this please? From what I can tell my only real option is to 'dispute' and then the supposed 'rightsholder' just says 'nope' and my dispute goes away with no further recourse.

You have to appeal the dispute. The appeal goes to youtube who will force the claimant to either escalate the claim to a DMCA takedown or release it entirely.

YT has official docs on how to do this under the "How to appeal rejected disputes" section: https://support.google.com/youtube/answer/2797454?hl=en

'Request immediate removal of your video: They may issue a copyright takedown request against your video if they believe their claim is still valid. This means you’ll get a copyright strike on your account. If you still believe that you have the rights to the content, you can submit a counter notification at this point.'

You still get a copyright strike and I can't tell if Youtube removes that strike when you send a counter notification?

Three strikes and you're out?

That's the DMCA for you unfortunately! Most platforms like YT have a 3-strikes-your-out policy as a result of the DMCA's "repeat infringers" requirement.

If you send a DMCA counter notification in response to a takedown, the strike will be removed (possibly allowing some delay for the counterparty to show intent to file a lawsuit).

However you've already lost almost all revenue for a video with no compensation from YT or the false claimant. It's specifically against content creators and does nothing to prevent copyright infringement. It does nothing but prove copyright infringement isn't a problem that can be solved in the courts or through the legal system. Most people do not believe the courts are fair, the law is fair, or that compensation is equitable for the product. Companies that solve that problem don't tend to have that problem. Don't believe me? Try looking up how easy it is to get Netflix content. It's not nearly as widely available on illicit sources as content that's more heavily locked down.

I thought Content ID just referred to the automated content recognition system, not to manually claimed things. That article you linked to seems to agree.

So the video in this post seems to be primarily not about Content ID.

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