Comment YouTube's takedown system is not for little people (Score 5, Interesting) 74
YouTube's DMCA counter claims process is seriously broken.
In both this case and in the reverse it hurts the little guy.
A lot of people steal my youtube content, and normally it's not an issue to keep this in check with their automated matching system. 99.99% of the offenders take it down and don't try to perform a counter claim. Usually because they are copying the video wholesale like they are with many others and if one gets taken down they just move on.
But one time someone used my video as part of a top 10 list. It was most of the video, for commercial purposes and not within any of the usual fair use parameters and would fail a fair use test in any court. But when I sent a takedown notice he filed a counterclaim, and it was then that I found out that the only way to proceed to the next step would be for me to initiate legal action and provide proof of that action to youtube. Youtube pointedly will not become the decision maker in these processes as they don't want to be liable. The problem is if you are a little guy and you can't afford to file a legal case, you are stuck and the offending video remains up. So they guy made thousands of dollars off my video and I have no recourse. This guy stole everyone else's content as well and that was his racket. The complete DMCA process only works if you are a big company with lawyers. If someone posted a clip from a Universal film, it would get taken down and stay down because they have a huge legal department that can spend all day doing this stuff.
I wish there was a legal collective for individuals where everyone pays in and then gets to use a filing service whenever they have trouble, up to a certain number per year. Like having a AAA Auto Service membership.
Also, for a little guy, having youtube send your contact info to the other party whenever there is a counter claim is very dangerous, anyone could abuse this system just to get your contact information. Always use a google voice number and a PO box....