I missed the evidence of them having fought the battle. How do I file notice with Youtube of public domain or fair use assertion with regard to a video I'm uploading?
> the week before the parties were to appear in the 2nd U.S. Circuit Court of Appeals, a settlement was announced in March 2014, and it was reported that no money changed hands.
That's not fighting the battle and losing. That's fighting the battle and surrendering.
They had been facing lawsuits and legal scrutiny since 2007; the only parties that ever won were the legal departments. Until relatively recently, YouTube wasn’t even profitable, and Content ID itself was, according to Google, over $100 million of investment to develop over the years. Given the scale of YouTube, I actually think it’s fair to take this at face value.
Ultimately I am not a lawyer and I can’t analyze how and why the case ended the way it did. However, I do think it is obvious to anyone that Content ID is a key component of how YouTube managed to escape further lawsuits and legal scrutiny. And as can be seen in the Oracle case, fighting something all the way into legal precedence can backfire in enormously painful ways, like having APIs all be eligible for copyright.
That's not the "battle" for allowing users to tag Public Domain content, and to have moderators confirm that status where it applies in the case of legal disputes, because they never even fought that "battle".
That is absolutely the battle YouTube fought that lead to Content ID and the claims system that doesn’t have the leniency you wish that it did. It’s not even ambiguous; this is the system that we got. In fact, the system actually improved vastly since it was initially implemented.
When I say it has improved, I mean it genuinely has. Back in 2008 the usual outcome of copyright strikes were deleted videos and deleted channels. Copyright cartels monetizing videos they didn’t make due to dubious Content ID matches may seem like an unreasonable response, but it is still a better compromise than content flying down blackholes.
And yes. It would be great if all of these problems could just be solved. I’m sure they’ve heard every idea imaginable. There is no one obvious way to solve everything. So asking “why don’t they just do this?” is not productive. What we could ask is “how did we get here?”
And the answer to that is that copyright is broken. And if we could fix that, or at least make it less broken, some of these problems would literally disappear.
And if you don’t believe me, there’s tons of backup from people more persuasive who have perspectives of being in the direct line of fire. Like Tom Scott: https://youtu.be/1Jwo5qc78QU
And yeah YouTube could do better, but all too often you get the perspective that this is all their fault because they could solve it with one easy trick. It’s easy to say that when none of the competition managed to stick around to prove it.
Instead, the opposite happened instead, when Twitch had its own copyright reckoning.
We knew copyright on the internet was fundamentally broken in the Napster days. Did we forget?
And they didn't try the one that is the actual subject of this subthread.
> asking “why don’t they just do this?” is not productive
That doesn't make your answer to it valid.
> the answer to that is that copyright is broken
Why not go further back? Why is there greed? Why aren't all humans brothers? If only we could fix that, some of these problems would literally disappear!
This is going nowhere. At this point, I can only conclude that you willfully don’t want to admit that the principle actor causing this mess is probably not YouTube.
For what it’s worth, Twitch has not implemented this idea either.