If they do this, this gets the service provider off the hook for liability to the rights holder if it turns out that the work infringes, and it gets them off the hook for any liability to the user if it turns out that the work does not infringe.Ī rights holder could send notices for ridiculous things, like things that are obviously fair use, but unless they are willing to actually go to court they will just get counter notices for most and the material will go back up. If the rights holder does not file an infringement lawsuit against the user within 14 days, the service provider puts the material back up. The service provider passes the counter notice back to the rights holder. The user can file a counter notice, disputing that the material infringes.Ĥ. The service provider removes the material and promptly notifies the user who put the material up.ģ. Rights holder sends a notice claiming infringement and meeting the various requirements for such a notice given in the DMCA.Ģ. They could simply follow the procedure given in the DMCA.ġ. > Copyright claims are super easy to make at scale, but the platforms themselves cannot investigate at scale, meaning the small guy suffers. And there's equally no reason to believe those will be spared by the copyright industry and their lawyers. ![]() There is zero reason to believe they will be anything less than maximally-aggressive in doing so, and so they will provide all the incentive $youtube needs to block everything that has a hint of a smell of copyrighted material.Īnd bear in mind, the EU regulation defines $youtube in a way that potentially includes most small forum operators, virtually every community built by a small corporation etc. It will be $sony suing the crap out of $youtube with the prospect of millions and millions in reparations. It won't be a Hadopi-style government institution petitioning $youtube to take down any videos at the threat of a mild fine. This here clearly shows what Germans have known for years thanks to our stupid "Abmahnwesen" legal abnormality: enforcement is not the bottleneck when private entities sue other private entities. And one reason people gave was "it won't be enforcable anyhow". Outside Germany, we simply didn't get traction for protest. After the new EU copyright directive passed parliament, I went on a bit of a hunt for reasons.
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