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by chrismorgan 109 days ago
I do speak more broadly than this specific case. But even in this case: many of the notices here might have been deemed not-obviously-invalid, and thus DMCA process should be followed, but also (as described) many of them are manifestly fair use or in some cases not even infringing: and such notices can reasonably be rejected.

Don’t think these platforms obey every notice that meets the nominal requirement of the statute; they definitely do ignore some because they’re obviously nonsense. I suggest they should do this more. Yes, they theoretically open themselves up to liability in doing so, so I do expect them to err on the side of the claimer if there is any reasonable doubt.

But instead, they side with rights-claimers (who may or may not be rights-holders) structurally. They make takedown systems that go well beyond what is legally required, and then don’t police them, so that they invariably become vessels of abuse.

Here is a detailed example from uploading church services with old hymns in 2020, and YouTube’s Content ID system actively facilitating copyright fraud: https://news.ycombinator.com/item?id=27004892. I say YouTube should be required to cut off such transparent copyright fraud, when it is pointed out; and that if they’re not willing to do so, their platform should be shut down.