Twitch suspends DragonForce guitarist Herman Li for playing his own music
happymag.tv
happymag.tv
Also, DMCA claims are not automatically leading to bans. It must have a certain level of harm ir repeated behaviour. And live-DMCA-checks are not active yet it seems, so usually the vod or clip will be deleted and the streamer get's a warning.
"Nudity and sexually explicit content or activities, such as pornography, sexual acts or intercourse, and sexual services, are prohibited."
https://www.twitch.tv/p/legal/community-guidelines/sexualcon...
Wait, the guy from dragonforce exposed his penis live on stream?
If the copyright be transferred to the label, then his legal rights to stream it are potentially no more than that of any other person.
There are some “reasonable fair use” exceptions such as simply singing a certain tune, but the point is that the fact that he wrote the original composition is irrelevant; it only matters that he owns the copyright.
If the copyright indeed were transferred to the label, then he enjoys no more rights to perform it than anyone else.
There are many arguments that can be made for the idea that copyright should not be transferable, much like reputation rights, but Twitch is certainly no party to blame for that it is.
Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system.
You would start to see more people being able to reach human support, getting human replies, etc.
Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on.
If they give tools for people to make their lively hood on, then they are responsible for their mistakes. This is happening for far too long, on too many platforms: Youtube, Amazon, Twitch... only if you have special access to insiders, or if you're some kind of celebrity, or you reach a massive outcry, is when you are able to reach a human that solves your problem rather quickly?
I say that's bullshit. Make them pay.
Not to mention this doesn't solve anything, who arbitrates the absolute mountain of disputes that come out of this which is just the same thing moved up a level? Especially when someone boys a competitor. The "simple" idea would take hundreds of pages of detail to even be implementable before we started talking about if it was a good idea.
Fining businesses who make mistakes is a dangerous path. That means anyone new to the industry who tosses up their first project is open to getting fined if they make a mistake. It also means there is either some organization in charge of being the watchdog for the industry with power to just apply fines to companies as they see fit... or we are doing this via lawsuits which just means cranking up litigation to absurd levels.
No, it is better to pressure businesses via our own choices to only patronize those who treat their customers and subscribers well. We talk about it all the time on here - stop using Facebook, stop using Google, find alternatives that match your ideals.
We need to truly embrace those types of grassroots change if we want to drive behavioral changes.
The solution is (partly) already here, its called breaking up monopolies which are illegal (and it would be wise to break up oligopolies). For instance YouTube has no real competition. 2000 million users vs what? Vimeos 1.5 million? Tech monopolies/oligopolies will always make the case that there is a rich marketplace of competitors by pointing out small fringe platforms that cant gain real traction but they know better internally and the stats confirm. Dont expect anything to change as they keep greasing your representatives. They spent record money on democrat elections this year and they expect their back to be scratched with lenient H1B visa programs to lower labor costs and lenient marketplace enforcement.
as mass exodus is slow to start and looks like churn when there are no comments or nonkudos given, there should be a sanction received so there is real motivation to not do so bad
And if it's your livelyhood, go where? The next two most dominant rivals in the area of streaming are literally the two you call out later in your post, Facebook and Google. You're not going to make money by trying to get people to get people to switch to your niche streaming service that no one has heard of and will close up shop in a year.
Individual action, especially consumer action, has never been a driving force in effecting change. If it were, companies like Nestle, which you hear about the despicable practices of almost weekly on commenting sites like reddit, wouldn't still be market leaders. Legislation, litigation, and most importantly, collective action are the only ways to change things like this. Don't tell people to boycott a service, get them to unionize their de facto employees.
I’m not sure what their TOS says, and I wouldn’t be surprised if it protects from this, but yeah, the liability should be that you open yourself up to being sued if you erroneously remove a user from your platform, who is using it as their job
You cant sell or give out snake oil for free and have no repercussions, caveat emptor only goes so far.Competition is your best hope. Chasing artificial alternatives is a poor choice.
They don't have perfect knowledge of how a court would rule in each case, so they err on the side of caution. Remove the side of caution and you can't have a platform.
How exactly would you enforce this? Media companies have the right to not show content from a given artist, at any time, for any reason. If you passed a law saying that twitch has to pay fines for false DMCA takedowns, they would simply take down the same artist anyway, without giving them any reason whatsoever. Which hurts the artist even more - now they can't even appeal the decision, because they would have no idea why it occurred
The immediate fix is to fine the entities filing false DMCA claims, not the platforms enforcing them. The longer term fix is to take away power and control from these giant corporations and give it back to the artists.
You have to dig deeper, beyond the platforms themselves: make it extremely expensive and dangerous to file copyfraud claims. As long as the incentives are in favour of carpetbombing, you will have lots of casualties.
Repeating something I have said before, it feels to me the correct solution would be to go full Hammurabi on the perverse incentives. To eliminate the asymmetric warfare, one change would be enough. -- If a company, or an agent acting in their name, files a fraudulent copyright takedown, then the victim of that takedown gets to choose one item from that company's catalog that will become public domain. The company also becomes liable for all the lost [royalty] income for the creators of that particular item.
The point is not to eliminate takedowns or make them technologically less effective. Goal should be to eliminate the incentives on abusing them, and make the depletion of culture a bad default.
This was an algorithmic mistake of a celebrity, what about the other algorithmic mistakes?
When they start to charge their customers.
I know I’ll get downvoted first this, but this kind of thing happens because each user in general is earning them cents and the the only way to enforce their policies is to do it on mass with automation and review by a human if the person complains (and then often rushed and not very well).
Although some large accounts will get account managers and are handled more carefully. The truth is that even if these are deleted, their viewers will just spend their time watching others.
We have our favourites but there’s always a second best that I’d spend my time watching.
The same language that keeps Twitch from being responsible here, keeps you from being responsible if your controversial content causes advertisers to pull out of Twitch, making them lose potential profits.
He of course is aware of Twitch's trigger-happy approach to DMCA and so one of the requirements is that bands play only original music they own the copyright to.
So far so good, but I fear one day the algorithm is going to have a false positive, or someone busts out a spontaneous Happy Birthday, and then his channel suddenly goes dark, and all that hard work gets tanked.
Additionally, while they say to never play recorded music on stream, unless from a source where the copyrights are taken care of, their specific recommendations even in this "clarification" post are very opaque. Never play recorded music on stream, unless you own all the rights, but you probably don't, if you're not sure turn off your VODs. None of that is consistent with some overarching idea of why people get DMCA'd; would I get DMCA'd for playing recorded music live, but not having VODs? I would guess even Twitch doesn't know; its outside of their control.
In short, music on Twitch is REALLY risky, primarily because their rights enforcement is so immature. Its akin to them wildly shooting in the air with a machine gun. YouTube's Content ID is a bit more mature and predictable, so diversifying there may be a good idea.
[1] https://blog.twitch.tv/en/2020/11/11/music-related-copyright...
I opened this article "Again?!"
* Ooh I've ended up on the top. For context to people not in and around Twitch the RIAA woke up and started handing out DMCAs like it was going out of fashion. Twitch naturally had to respond to the DMCAs to keep fair harbour and the masses misdirected their anger at Twitch for a while.
Low rung news saw the ability to inhale clicks so they've written it in a "lol stupid Twitch" attitude instead of the mid-noughties classic "Fuck the RIAA"
I don't think they've stopped either, CDPR had to issue a warning to streamers to keep the music muted, because there are bits of licensed music which Cyberpunk 2077's dedicated setting doesn't mute / replace, leading to possible DMCA strikes on streamer channels.
Inb4 streamers start baiting RIAAbots to inflate their view count
I don't think even they think that anymore:
> On June 28, 2016, the final settlement was officially granted and the court declared that the song was in the public domain
https://en.wikipedia.org/wiki/Happy_Birthday_to_You#Copyrigh...
Also IMO in the digital age it's so stupid that teachers can't even read a book to children via Zoom without a license...
Authors should never sign anything worse then that.
What's not included and valuable? Adaptations, foreign translations, sequels, etc.
I couldn't find any more details than this: https://old.reddit.com/r/Twitch/comments/gzx3s0/herman_li_gu...
I would need a license to print your words.
A license to use your exact song if longer than 7-15 seconds.
A license to perform a cover if it sounds the same.
The above is true for a couple of jurisdictions.
It’s how the whole world of covers work.
ASCAP has also been actively against the EFF, Creative Commons, and others.
> In June 2010, ASCAP sent letters to its members soliciting donations to fight entities that support weaker copyright restrictions, such as Public Knowledge, the Electronic Frontier Foundation, and Creative Commons
https://en.m.wikipedia.org/wiki/American_Society_of_Composer...
Yes, I am aware of how the law currently works. I think that it is unethical and that my playing of some pop song on the piano shouldn't be covered by property law because my performance is not owned by someone else.
They can, that is how ASCAP functions.
> In this context though there's no way for copyright to be valid unless he's assigned the copyright to someone else which doesn't seem to be the case
The copyright for their music is held by Universal
> ... a certain song (CDPR didn’t say which one) during the game’s “Braindance” sequences might trigger a Digital Millennium Copyright Act strike. That’s even if you’re using the specific in-game setting designed to toggle off copyrighted music for this exact reason.
That’s absurd. I mean, they have right to ban without stating reason but it’s still extremely user unfriendly.
Some of the challengers are "scam" companies, but other times it's Deutsche Gramophone or Sony.
Being serious, though, I believe that a typesetting of a piece of public domain music can be eligible for copyright, but I don't believe that a performance from that typesetting can count as a derivative work of the typesetting, even if the musician faithfully performs a few "new" notes added by the typesetter.
Not news.
Like if anyone on HN was tasked to design a system to protect your companies asses against copyright lawsuits you would implement the same thing.
Their goal isn’t to allow all content that wouldn’t get them sued but to catch all content that would. False positives get you angry messages on Twitter but false negatives get you multimillion dollar lawsuits.
Amazon is one of the wealthiest companies in the world and could easily manually moderate channels before auto-banning them. As consumers we don’t have to accept these excuses for substandard services.
Me too, for a different reason (he doesn't technically own the copyrights, Universal does). I do not support it, but if I were a signed artist, this wouldn't shocked me.