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[SOLVED] Ericsson slammed me with a Copyright Strike on a Teardown video, help!?
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janoc:

--- Quote from: Siwastaja on February 10, 2020, 07:35:08 am ---
--- Quote from: Mr. Scram on February 09, 2020, 08:16:08 pm ---problem lies in not requiring any evidence for a claim and being able to submit endless false claims

--- End quote ---

That's why it's an actual crime to do so (and quite serious, actually).

Different thing is, companies tend to get away with such crimes.

But it's definitely a crime on paper.

--- End quote ---

It is a crime (perjury). However, it is almost never prosecuted (do you want to try to sue someone like Disney?)
Siwastaja:

--- Quote from: janoc on February 10, 2020, 09:34:31 am ---It is a crime (perjury). However, it is almost never prosecuted (do you want to try to sue someone like Disney?)

--- End quote ---

The problem is in the process of an individual needing to sue someone - another individual or a company - for committing a crime - it shouldn't be that way, as it's not about a legal dispute regarding contracts or like.

The police and the public prosecutors exist for this purpose. Or should. In a theoretical state of justice.
peter-h:
"that's how the DMCA protects hosters, if they remove stuff when someone claims copyright they are safe,
if they keep it up they can be sued if there is a violation"

That is correct, in the UK at least, but it doesn't mean that the hosting company must cave in. It can use its judgement :)

Many years ago I got my internet disconnected. It turned out that the ISP got a complaint of P2P activity.The complaint arrived by email and contained no evidence. Just the IP and the time. That ISP implemented all of these blindly. I asked them if they would disconnect the feed to say a major bank if I sent them such an allegation and they said they would!!! Other ISPs ignored these bulk emails.

IMHO, if YT consulted any lawyer they would get a reply that there is no liability for hosting a video of something taken apart.

As an example of their duplicity, YT is allowing copyright music to be used on videos. They just say that any income from the video will go to the copyright owners. Fairly obviously they would have to remove most videos if they did otherwise ;)
janoc:

--- Quote from: Siwastaja on February 10, 2020, 09:54:10 am ---
--- Quote from: janoc on February 10, 2020, 09:34:31 am ---It is a crime (perjury). However, it is almost never prosecuted (do you want to try to sue someone like Disney?)

--- End quote ---

The problem is in the process of an individual needing to sue someone - another individual or a company - for committing a crime - it shouldn't be that way, as it's not about a legal dispute regarding contracts or like.

The police and the public prosecutors exist for this purpose. Or should. In a theoretical state of justice.

--- End quote ---

Perjury is a crime, so that wouldn't for an individual to sue (it isn't a civil dispute) but e.g. an attorney general. As you say - they exist for that purpose. However, the practical enforcement of this in the DMCA cases is very lax/nonexistent. Also, someone would have to make an actual criminal complaint about it to bring the matter to their attention first.
ve7xen:
In Canada, the DMCA equivalent is notice-and-notice, rather than notice-and-takedown. All the hosting company is required by law to do is to pass the copyright violation notice on to the subscriber and maintain subscriber records for some period of time after receiving the notice in case they decide to pursue an actual legal challenge. The US setup is not the only way, nor the only way in active use.
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