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by stephen_g
2491 days ago
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I don't think it's so much that the algorithms aren't smart enough to tell, it's that Google have had to make the algorithm still match in the case of people altering music with filters/effects, time stretching, pitch shifting etc. - so it's been made deliberately a lot less sensitive to most of the factors that a musician brings into their interpretation. That's fine - it's probably necessary for Google to not be constantly dragged into the courts by actual infringement slipping through with small alterations. The issue is that there is absolutely no recourse for an incorrect match. There's no option to say 'no, the algorithm is wrong' or 'the claimant has made a false claim' - the nearest option is to claim fair use, and that kicks it back to the claimant to be able to lie again if it was fraudulent, with no fear of consequences. There needs to be some process where it can be appealed to a human. I think the best way I have seen suggested is to stake a small amount of money on it to have somebody review it - say, $15 from each party, and then you lose it if it's ruled against you, or get a refund if you win. That should easily pay for half an hour of somebody's time, so they could hire staff to do it. If the claimant lost and still didn't agree, it could be escalated to DMCA, where there are potential penalties for fraudulent claims (even if it doesn't happen much). |
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Or you could even turn it into a system where you can post a (prepaid) bond for a video. Ex: $50 gets automatic human review. $500 gets a phone call from a rep. The catch is you lose the bond if you're legit infringing. Make it channel wide and I bet there's a class of YouTubers that would be willing to post multi thousand dollar bonds to assert their legitimacy.