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by belorn
2640 days ago
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There are plenty of options for the law to fix this. They could make it illegal or costly to make a false claim based on copyright. Content ID include the world "copyrighted content was found in your video", so just here we could make a first change to the law. We could also make it illegal to disrupt someones income on advertisement through the means of copyright claim that negligent ignores fair use. You take a judge and have them look at those cases and allow the judge to fine obvious false claims. This create liability which trickle down. You could create regulations that demand content provider to compensate lost income from false content id or they loose safe harbor protection. This would encourage YT to demand a deposit when a claim is made, and give this deposit to the accused if the claim is challenged. All this without demanding that YT itself know if the claim is correct or not. |
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You're not actually solving the underlying problem. So you make filing a false claim illegal -- great, that would legitimately be an improvement over the status quo. We should do that. It would reduce the number of fraudulent claims somewhat.
So after we do that and someone says that a claim is false, what happens then? You still need to adjudicate who is right, so you still need a court. Which means most of the time the victim won't have the resources to enforce it.
What really matters here is the default. What happens when neither party will spend the resources to initiate litigation? Because whatever happens then is what will happen in 99% of cases.