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Comment by 6nf | Hacker News Reader

> 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.

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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.

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