So does copyright law, and it sounds like the creator received 5 DMCA notices. So yes getting a lawyer would still be the correct course of action.
Youtube has its own "extra jurisdictional" copyright system.
YouTube can't just "opt out" of the law. YouTube absolutely responds to DMCA notices, and per the video he issued counter-claims already - that's a core part of responding to DMCA.
https://www.youtube.com/howyoutubeworks/policies/copyright/#...
And you don't have to go through youtube's webtools to submit one, either (which of course you don't - the law doesn't require that). You can mail, fax, or email the DMCA takedown notice: https://support.google.com/youtube/answer/6005908?hl=en&ref_...
Sure, but these aren't proper DMCA claims. As kristofferR pointed out there are other extra jurisdictional mechanisms that Google employ to make your life difficult as a creator.
And then, which laws apply? US, UK, EU, Russian, Indian....
Now sure, it's a private platform and they can shut you down any time. I recognise there ain't no free speech on private platforms.
But if they've been making a tidy sum of lots of ad money due to your apparent infringement (and much, much more than you the creator) along the way then I'm sure we might see a well funded case against this practice, maybe not in the US, but other jurisdictions that still recognise the limits and powers of private companies and the right not to be fucked over by them.
> there are other extra jurisdictional mechanisms that Google employ to make your life difficult as a creator.
That's not quite true. The DMCA is a very strict mechanism. You get a notice, you take down the content, and if the uploader isn't happy with that, they have to sue the claimant.
Of course, Youtubes process is streamlined for its own interests and the interests of big corporate copyright hoarders. But it's not designed to bully creators.
The problem isn't really the process in itself, it's how Google applies it and the fact that Youtube doesn't seem to care that much for its creators.
Youtube does allow DMCA counter claims because they legally have to. Youtube has absolutely no wiggle room with DMCA. No amount of complaining to them can ever change that, either. You have to get the laws changed.
Do you understand that the content in the submission is infringing? And not just to the civil level but to the criminal level? And so YouTube losing safe harbor would be huge.
No, it wouldn't, because YouTube is actually removing the content. So they're not going to get sued for infringement, and other parts of the DMCA still protect them even when they operate outside the bounds of the takedown notice procedure.
A creator can have up to three strikes, with them disappearing over the course of time if they don't get more strikes. Contested copyright strikes may be elevated to DMCA requests if YouTube finds in favor of the creator, but it's not required.
If you run out of those strikes, your channel is immediately shut down. It's possible (especially with a large backlog of videos) to exceed this strike count before you can use their tools to argue against the strikes. When this happens, your account is shut down, and a "grace" timer is enabled to allow you to try and challenge the copyright strikes (one at a time). If that grace period passes and you're still out of strikes (don't dare to take a vacation), the only remaining choice is to appeal to the public.
No DMCA claims necessary.
All signs therefore point to this being a DMCA notice. If you have evidence to the contrary please provide it.
And the video itself is identified. He does have that information.