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by infinitesoup 3693 days ago
That's not quite true. YouTube does have to follow the DMCA as required by law, and so they do so accordingly.

They also have a separate automated system ("Content ID"), which can automatically block videos or put ads on them and pay the content owner (the latter being a unique feature not possible with just the DMCA), and because it's controlled by YouTube and is more flexible than the law, it provides a generally better experience to the uploader compared to getting a DMCA takedown notice.

If an uploader gets a Content ID claim, then they can dispute it, and if the person making that claim is forced to file a regular DMCA takedown if they want the video to be taken down. Content ID is just the initial step in some cases, but at any point in the process, the DMCA takedown process can be invoked.

1 comments

> If an uploader gets a Content ID claim, then they can dispute it, and if the person making that claim is forced to file a regular DMCA takedown if they want the video to be taken down.

I don't believe that's true. The claimant can merely tell YouTube, "no, my claim is legit" and YouTube trusts them implicitly without requiring a DMCA notice. While the claimant could produce a DMCA notice at any point, ContentID doesn't require them to to knock the video offline.

After the uploader disputes an automated claim, the claimant can uphold it as you described, but the user then has the option to appeal that claim. The only way to settle that appeal is for the claimant to either drop the claim or at that point file a DMCA takedown. That's the process I was describing. YouTube has information on the process here: https://support.google.com/youtube/answer/2797454?hl=en (look under "What happens after I appeal?")