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by girlvinyl 5063 days ago
Youtube is simply following the DMCA here and this is precisely how the process works. If it worked any other way, the hosting provider (youtube in this case), would not enjoy safe harbors under the law. This aspect of the DMCA is specifically created to protect hosting companies from lawsuits involving automated upload of copyrighted material.

Essentially, Prima makes an accusation - "I swear your user is hosting my copyrighted material via your site." Host informs Secunda. Secunda has two options, either 1) Have the material removed by host or 2) submit sworn statement to host that they did not violate copyright and that Prima can come sue them at this address.

At that point the host re-instates the material in question and will remove it only upon receipt of initiation of a lawsuit.

This provision of the DMCA was created by the ISPs and specifically the cable companies because they didn't want to be liable for things their users did on their networks. This is the result.

1 comments

I think this is not DMCA request. Google has it's own takedown mechanism, which afaik what this is about.
When you submit a takedown notice to youtube or google for user content hosted there, their takedown mechanism IS a DMCA takedown. They explicitly state that when using the wizard. They just accept via email, fax, postal mail and additionally via their own mechanism that they created which allows for self-service creation.