[OJFord]

> they don't decide what is or is not fair use, leaving it up to the courts. This means the default position is that nothing is fair use unless the content creator is willing to go through the expensive process of proving it.

Well.. that doesn't sound right? That sounds like Google's decided it will treat the accused as guilty unless/until they defend and prove their innocence? Could it not equally decide all claims against them are bullshit unless/until the claimant sues and proves their damages?

[lucb1e]

Given that the rights holders are litigious and the ones with the money, if I were Google I'd also be taking the content down rather than being a sitting duck waiting to get sued whenever a random user clicks the dispute button on their strike notification.

Of course, taking all other videos down and disallowing to open another channel ever, those are not measures which should be used until both parties agree that this has been settled or one of the two supplies a court document. But I don't think it's entirely unreasonable (debatable, sure; unreasonable... not sure) to make the video(s) in question invisible to everyone except the owner, copyright holder, and youtube employees until they agree it's settled or the court settled it for them.

[kelnos]

The thing is, Google has nothing to fear here. The DMCA -- as much as we generally think it's a poorly-thought-out law -- already handles this. There's no need for Google to do anything beyond handling DMCA notices in accordance with the law, but they've decided -- likely because it's better for business -- to cater to the needs of large rights holders at the expense of individuals.

As long as they handle DMCA notices as they're supposed to, they're not at all liable for the content posted on their platform (copyright-wise). But it's easier for them to provide a guilty-until-proven-innocent fast-track for their larger, trusted, monied rights holders.

[themacguffinman]

> Google has nothing to fear here

Viacom still sued Google 10 years ago and dragged them through three court rulings before Google agreed to settle [1]. It didn't matter that early rulings favored YouTube on the matter of DMCA compliance, the content owners will find a way to hurt you and lock you in court. After Google settled the case, they created Content ID and Viacom stopped attacking them.

It frustrates that everyone seems to miss the cause whenever this kind of stuff comes up. Does anyone actually think Google likes being pushed around by copyright holders? Does it make any sense to you for Google to want to create this insanely complex system if all they have to do is handle DMCA notices like they did before Content ID? The content owners have always pushed for something beyond DMCA. YouTube complies because there is something to fear.

[1] https://en.wikipedia.org/wiki/Viacom_International_Inc._v._Y....

[kelnos]

It's a shame they caved and settled. If anyone has deep enough pockets to fight something like that, you'd think it's Google, even 10 years ago.

[lucb1e]

> DMCA [...] already handles this. [...] no need [to do] anything beyond handling DMCA notices [...] As long as they handle DMCA notices ...

Alright alright, I get the message, they need to just "handle" DMCA notices. But doesn't "handling" them include taking the content down? Because that was what I was saying.

Edit:

https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A...

> [online service providers must] promptly block access to alleged infringing material (or remove such material from their systems) when they receive notification of an infringement claim from a copyright holder or the copyright holder's agent

Taking the material down seems to be within the scope of what you're saying is "all they have to do".

So based on that, citing from your comment now (not Wikipedia):

> it's easier for them to provide a guilty-until-proven-innocent fast-track

Is that not exactly what DMCA is, given the above?