This is a problem to fix. But the Sony bots are not implemented with intent to remove content that is not even theirs.
If a wrong take-down occurs the Youtube support system should provide adequate and efficient support to resolve the issue. You don’t knock your house down just to kill a mouse. You devise a solution that resolves the issue in an effective manner (like a mouse trap with cheese).
Youtube is a free privately owned service for hosting videos you own the copyright to, it is a very expensive system to run, it is not realistic to have people watching every video to determine if it infringes any copyrights.
Youtube is not a public service, Youtube is not the internet service provider, it is a business, it has systems implemented to protect itself, just like you have a lock on your house.
Youtube has the right to delete any video it wants, it is their hardware your video is stored on, they have no obligation to keep it accessible.
It’s not like Youtube has deleted the Sintel video off the Blender servers, sheesh.
Also, this topic needs to be upvoted. This whole ordeal would be good to push Gooseberry for more publicity. Like I said on the Gooseberry topic, Ton should consider doing an iAmA on Reddit (Q&A session).
I just try to imagine the following scenario:
Let’s imagine Sony had posted Sintel in their YouTube channel and had claimed that it was their intellectual property. Now the BF sends an infringement notice and YouTube has their lawyers and copyright experts examine the issue for a few weeks before pulling the video.
I’m perfectly sure the outcry of the Blender community would be gargantuan - and rightly so. The only problem is: What is YouTube supposed to do then? Change their content pulling procedure depending on who the (supposed) infringer and the copyright holder are?
“Oh, Sony seems to be the bad guy here, let’s pull the video at once.” / “Well, if the BF is accused of infringement, let’s give them the benefit of doubt.” - Talking about double standards.
“Innocent until proven guilty” is a principle of penal law and is not suitable at all for civil law. And there is no “good faith” defense when it comes to copyright infringement (except maybe in the US for employees of nonprofit educational institutions and the like). It doesn’t matter if you violate others’ intellectual property willfully or negligently - you are always liable. So, when someone accuses you of copyright infringement, the first step is always to remove the disputable content until the legal situation is clear. That applies to YouTube as well as to any other person/corporation/entity that owns and runs a website. Just my 2 cents.
Youtubes Content ID system again…
Every time I hear from it makes my head hurt!
It punishes the Youtubers which made the platform that big - Let’s-players and gamereviewers (among others).
But hey… YT has to be on the safe side… So this incident sure is only a dumb collateral damage for the company :mad:
A couple weeks? That would only happen if Sony (or whomever) involved their own lawyers.
And speaking of BF sending an infringement notice … While I realize Sintel is CC-Licensed, why didn’t YouTube flag Sony’s usage of Sintel, eh? And how is it that now Sony has some claim to Sintel that causes some bot to flag Sintel as theirs?
And I completely 100% disagree with you re: “Innocent until proven guilty” not being suitable for civil law. That’s a load of crap. To say otherwise means that I could claim my neighbor slandered me (or whatever), with no direct proof, and sue them in court. It may be entirely unfounded and frivolous, but HEY! why not eh? Presume guilt until otherwise shown.
Someone else mentioned this too … that “Innocent until proven guilty” doesn’t apply to copyright law … I sure would like to see the text of the law stating such, but it’s up to whomever stated that to provide the reference.
I agree 100% with this post:
The corporations would have us believe that copyright violation is SO RAMPANT that there’s more content in violation than there is not in violation. They would also have us believe that it’s causing them to loose money hand over fist.
Of course, any intelligent, reasoning person can see clearly that neither statement is even remotely true.
Have anyone contacted Youtube support? I have not a youtube account to do this, but if you are willing to help send massive inquiries to resolve the issue.
OK
I checked the Japanese Blender site, Blender.jp, http://blender.jp/
no info about this prob yet, also in Japan it is Sunday 22:10.
I think that a Japanese Native speaker have to contact first the Japanese Blender Community.
Those of this community will contact Sony. Or directly He will contact Sony Japan.
Sony Japan, will be more sensible to the problem.
They will act immediately as I know them.
but Ironically I know nobody of the Japanese community.
By the way, I think it is bad enough already that the video is blocked. But the worst part of it is the message actually claiming that the video contains content from Sony. They could just keep this automated block a little bit milder, by for instance saying that the video appears to contain content from a right holder or something like that. The statement as it is, is actually libel. In this case, as youtube are the ones putting up the message, the bf could actually sue youtube for libel. That is interesting, as youtube actually has a Dutch office, the BF is Dutch, which means Dutch law applies. And here we have nothing to do with the DMCA. It would not be that much work, or cost that much money, to sue youtube in the netherlands for this.
I’m not saying that Youtubes rules super-cede national laws, what I am saying is that freedom of speech rules don’t apply to youtube!
In the same way you can believe that world is flat and publicly share that belief, but you cant demand a local TV station broadcast your beliefs.
Youtube is free to choose whats on their site in the same way, they can chuck you off for breaching copyright or a rule of there own making.If youtube wanted to they could close the channels of anyone with the first name beginning with A, your national rights to freedom of speech and open forum don’t apply.
Youtube is free to do what its doing its all completely legal, they are not required to give or show you notice, warnings, due process, proof or conform to the fundamental basics of our legal system such as innocent until proven guilty, an impartial trial by you peers or a defense.
If you want to host your own video, you are free to host your own video on your own server. that is all our laws grant you.