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[SOLVED] Ericsson slammed me with a Copyright Strike on a Teardown video, help!?
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peter-h:
In the UK you have 5 days to supply the name and address of the poster, to the complainant.

If you don't (and usually you can't because he is posting under a nickname ;) ) then you get 24hrs to either take it down, or be prepared to defend it.

AIUI, IANAL, etc.

In practice, most forums have mods who will remove obviously dodgy stuff - even if the forum is run to appear "unmoderated" for cultural reasons (e.g. in Germany, moderation tends to get associated with nazi censorship, so you get hassles) or to drive a lot of advert clicks.

On very big sites the mods can't read everything, however.

My view is that in most cases the liability - or lack of it - is blindingly obvious. But YT etc can't be bothered. They have enough trouble stopping people posting p0rn and such :)
janoc:

--- Quote from: ve7xen on February 10, 2020, 08:26:04 pm ---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.

--- End quote ---

No, but it depends on the jurisdiction. If the takedown to the hosting company has been served in the US (where Youtube/Google is hosting the content and/or have their HQ) then it has most likely been done according to the US DMCA.

That's how even an EU (or e.g. Russian) citizen can have their content taken down based on US law which otherwise wouldn't apply to them. In that case the local differences or even complete absence of such takedown law is a completely moot point - it wasn't the author of the video who has been served.
janoc:

--- Quote from: peter-h on February 10, 2020, 09:08:58 pm ---My view is that in most cases the liability - or lack of it - is blindingly obvious. But YT etc can't be bothered. They have enough trouble stopping people posting p0rn and such :)

--- End quote ---

That's clear-cut when someone posts a rip of movie or something like that. However, when someone uses 20 seconds of some footage, you have a law that makes you liable for their violations unless you take it down ASAP and you have millions of people uploading new stuff every day, nobody is going to review that manually or "be bothered" analyzing whether or not that's fair use. It is just not economically feasible on such scale.

Add to that the "carpet bombing" approach of major film and music studios that generate these takedown notices by thousands every day and you will understand quickly why Youtube has introduced things like the ContentID and uses various bots to flag and strike content.

And that's just US and copyright - add the various laws about right to get forgotten, extremist and terrorist content, nazi stuff, lese majeste (e.g. Thailand!), Chinese censorship requirements ...

It is a terrible approach but when the laws don't reflect physical reality, they don't have many other options how to comply with them. Add to that tons of lawyers salivating over the content of the coffers of Google (and others) and ready to strike at the slightest misstep and you get the situation we have today.

You can't compare a business the size of YT with moderation of something like this forum (and I am sure even that is a major chore for the mods).

If you don't want to be subject to the arbitrary moderation rules and weird laws in foreign countries, host the content yourself. People cry wolf about censorship but the fact is that these platforms are not a charity, they are doing this for profit, first and foremost. And if there is going to be the slightest trouble, there are very very few channels YT would hesitate to throw under the bus and risk their existence/profit over it. People live in a delusion that having a million of subscribers means they are somehow important.
peter-h:
The right to be forgotten is widely misunderstood.

A lot of people think it gives them the right to demand deletion of all their forum posts. Like the right for a book author to demand that every library carrying his books burns them :) In the UK this was tested and AFAIK the current case law is that only false information about somebody can be demanded to be deleted. Google had to remove search results of a court case which was incorrectly reported and denigrated the defendant (as most are :) ).

Every forum should have in its Ts & Cs that the author grants the forum host to display the posts in perpetuity. After all, they were originally posted to become public.
BravoV:

--- Quote from: peter-h on February 12, 2020, 09:44:40 am ---Every forum should have in its Ts & Cs that the author grants the forum host to display the posts in perpetuity. After all, they were originally posted to become public.

--- End quote ---

+1  :-+
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