this post was submitted on 06 Jan 2024
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I'm having a hard time comprehending how this is a "win" when Disney had to voluntarily retract their claim with Youtube.
The short is in public domain. It is the goddamn motherfucking law. Disney does not have any say in the matter. We should not, and in fact do not, have to rely on them being "nice." Not anymore. That's the point.
Fuck them, in the ear, with an egg beater.
I completely agree, but isn’t this the issue with private platforms taking over essential functions of society? If YouTube wants to play ball with the copyright lobby that’s their business. They could ban any video for any reason whatsoever, it’s their platform.
Youtubes copyright system isn't really the 'problem', the copyright laws are. Youtube gets yelled at by both sides at the same time and generally takes a reasonable middle man position. It's not youtubes job to arbitrate who owns what.
And they're pretty much required to take things down, it prevents them from being liable. After that, the uploader can challenge this decision, and if the claimer doesn't back down, it goes to court.
Unfortunately, claimers are currently not required to provide any proof, nor are they required to pay for any legal costs (at least not upfront), so it's just simpler for the uploader to take the L.
This is the key issue; the DMCA provides basically no penalty for making false claims. The natural choice is to claim everything and see who fights you.
Yep, agreed, that's the worst thing about it. Makes sense more or less otherwise.
We should start a brigade to issue DMCA takedowns for every Disney video on YouTube.
They're only required to take stuff down in response to DMCA claims.
They have absolutely no obligation for their alternate process to treat claims as valid until proven false.