All Of Justin Bieber's Music Removed From YouTube Via 'Prank' DMCA Claims
from the not-so-funny dept
As a bunch of folks have been sending in a "prankster" was able to remove all of Justin Bieber's videos from YouTube by filing a bunch of bogus DMCA notices. While a lot of people find this amusing for one reason or another, it really highlights a key problem with the DMCA's notice-and-takedown process, which is a "censor now, deal with the consequences later" system. As has been pointed out in the past, it seems like this process is a violation of the First Amendment, in that it involves the shutting down of speech prior to any sort of due process or adversarial hearing. I'm still amazed that the DMCA doesn't allow for at least a notice-and-notice process, giving the uploader/host a chance to respond before the content is removed. In a case such as this, it would have prevented the removal. As for the "prankster," he might want to be careful. Filing totally false DMCA claims can open you up to serious legal penalties, and assuming that Bieber makes a fair bit of money from his videos on YouTube, his representatives probably have decent reason to go after the prankster. And that might not be a bad thing. In the process, perhaps they could establish greater precedence for the ability to punish those who file bogus DMCA takedowns.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: copyright, dmca, first amendment, justin bieber, youtube
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Revenue loss occurred from two parties here. Youtube loses out on eyeballs.
Non-U.S. competitors look better and better the more their video services stay up and running and youtube's don't.
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That would be the day that a politician loses an election because of this sort of false DMCA take down ....
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“State Action”, or rather lack of state action when a private party takes down speech.
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Sometimes, one or more of them will read the bill after pledging to support it, realize in horror it goes against everything they stand for, and suddenly reverse their previous pledge. But this is fairly rare.
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Yeah right
It does? Since when? Seems to me filing a DMCA claim is rubber-stamped and takedown without ANY oversight whatsoever. There certainly has been ZERO repercussions from any of the many incorrect or later-determined bad takedowns that have happened from any of the *IAA's. Or is it only the little people who need to worry? One law for them, one law for us...
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Re: Yeah right
But no one has (to my knowledge) successfully won a suit based on it.
So it's Theory vs. Practice... but in theory, yes, "Filing totally false DMCA claims can open you up to serious legal penalties".
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Re: Re: Yeah right
Online Policy Group v. Diebold
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Re: Re: Re: Yeah right
I amend my previous comment to the following:
"Yes."
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Re: Yeah right
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Riddle me this:
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Re: Riddle me this:
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i'm not american so so really what are these legal penaltes for me, if i keep sending these notices
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Got your stealth snowmobiles yet?
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Plus, it's long been a set-in-stone precedent that U.S. courts simply do not care how a defendant came to be in the courtroom, they consider it irrelevant. If you break U.S. laws, then at some future date set foot in the U.S. (or a country that has an extradition treaty) you get to go to U.S. court and then in all probability to a U.S. prison.
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something's gotta give
1) Everyone will accept the fact that videos can be taken down, including those put up by Big Players.
2) The "put-'em-back-up" process will be greatly streamlined for Big Players, to the point where the interruptions are barely noticeable.
3) The DMCA will be amended to correct the "notice-and-takedown" protocol.
4) The DMCA will be amended with a hideous tangle of legal language which works out to "videos put up by Big Players may not be taken down".
5) Like 4, but it works out to "only Big Players may file notices".
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Re: something's gotta give
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YouTube asked for this by abdicating
But now they have no controls for detecting fake forms. If they were actually nice to the creators, if they worked with the artists, if they didn't think of the creators as sheep to be shorn, they would have the deep relationships that would allow them to detect fraud.
But no. They insist that Google+ users use their real names, but they could care less who uploads stuff to YouTube because it's so much easier to look the other way when the infringers deliver the free content.
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Re: YouTube asked for this by abdicating
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Gotcha.
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I never get the memo's.
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Since Google tried everything to work with the studios and labels and even now it is giving signs it wants to work with them.
Those speculations about how Youtube didn't want to do anything are understated and unprepared, hence the impotency of the argument not to mention the speculation about the trolls own capabilities.
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Re: YouTube asked for this by abdicating
Literally LOLed at this! Voted you funny, too. Thanks.
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someone made a fake account called "haBSro" (instead of haSBro) and filed a whole crapload of takedown claims and managed to get a bunch of the videos removed
pure stupidity
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Everyone wants to censor something. That's human nature.
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I used to think that too. The problem is you're assuming he sounds like a boy. Only recently did I realize that I had heard some of his songs on the radio, I just thought it was a girl singing.
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But it does seem like a huge over sight to have never built in any parameters in which you have to prove infraction or, at the very least, the alleged infractor should be given an opportunity to respond BEFORE the content is taken down.
I think as it stands, the video is automatically put back up as long as the person served with the takedown notice responds with a counter-notice.
In any case, it is a system that assumes guilt and is very open to abuse. You can get anyone's video taken down by claiming DMCA and it's probably easy enough to send in the notice with a fake ID and email - at least so that you won't be easy to track down unless they REALLY want to go after you, and with the number of takedown notices issued every day i'm sure very few of the fraudelent claims are followed up.
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The counter-notice provision still ordinarily results in 10-14 days of takedown.
From 17 U.S.C. § 512(g)(2):
(Emphasis added.)
I do notice that Bieber wasn't forced to wait 10 days to get his material replaced on YouTube. He got special treatment there.
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Dun'goofing. (RIP old angry moustache)
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Not likely
Which is why there is no chance they will use that approach. Instead, they will lean on a DA to prosecute him under some other broadly worded computer hacking or other inapplicable law.
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While a lot of people find this amusing for one reason or another"
ROFLOL!!!!
Wow, that's a good one.
ROFLOL!!!!
HAHAHAHAHA!!!
That's just too funny.
Sorry, I couldn't help myself.
ROFLOL!!!
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That would be great, no that would be fantastic.
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I recall a cease & desist/takedown notice some years back, that amounted a series screen captures of an FTP site's directory tree. The takedown notice included the entire site (only one directory out of hundreds was actually even arguably infringing) and listed every single file in the FTP site, regardless of actual owner or content, including things like .message files.
It looks like a decent idea at first read, but you assume competence in application, and that has never actually happened in the past, nor is it likely to in the future as long as the people in charge of targeting such a thing are completely ignorant of what the system does.
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Cannot people leave this poor GIRL alone?
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This is Justin Beiber we're talking about...
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When I awoke...
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The sun is still shining here.
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Bieber
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Surprised hackers have not exploited DMCA
Imagine if Google/Youtube and others were disrupted by hackers via takedown notices.
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2) Make it crawl YouTube and send a takedown notice on everything it finds.
3) ???
4) Profit
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Programatically? I agree it would be a problem for some parties, but that reads strangely. :-)
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justin
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fr jkfu ds rir riruw ruowuiow iuerui iu uiu u i i e erueri e u uiuiui feuiiuere ruueuuier uirreuruieu i u ieiwuo3iw
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Wow
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Wow
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