How can I fight a false copyright claim?

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How can I fight a false copyright claim? mythicflight 5/28/09 5:44 PM
Hey, I have a question that I have been trying to address the copyright department, but they keep telling me just to post something here or file a counter claim.

The issue is that someone made a false copyright claim against two of my videos, saying that they made the videos and own everything in the videos, which got the two videos taken off youtube and my account suspended. I know this is a false claim through-and-through, but that is not the issue. THE ISSUE, is that the person lied, gave false local information, closed their account already, but nothing is going to happen to them? Is it TRUE that the only way to get my videos and account back is to file a counter claim and give my REAL information to this person?

This is completely unsafe. The person went through all of the trouble to not only attack me but a friend of mine on youtube as well. The account that filed a similar claim against his videos was made the same day and from the same location, and both accounts were closed to same day as well. How do I know that this person didn't just go after my account to get my personal information? I understand the legal standpoint of having to remove it with out questions, especially since there are so many claims each day, but with all the issues rising from internet stalkers, I do not want this person to know where I live. I believe I know who the person is, but since they made new accounts is there really no way to offically track it back to them?

My real and final question is this: Is there absolutely NO WAY to get my account back WITHOUT filing a counter claim? The information the person gave is completely false and the location (street anyway) doesn't even exist. Please, I'm pretty desperate right now. I don't want to lose all of my videos because someone, for some reason, has something against me. Thanks...

My account that is closed is dragonazul85 and my friends account that had similar claims made against him is CanadianPride8
Re: How can I fight a false copyright claim? CircaRigel 5/28/09 8:56 PM
This page should answer your question:  http://help.youtube.com/support/youtube/bin/answer.py?answer=59826

You need to file a counter-claim.
Re: How can I fight a false copyright claim? mythicflight 5/29/09 7:15 AM
I understand that, but filing a counter claim gives this person my information. If they are sadistic enough to make an account just to go after me, how do I know that giving them my information won't send them after me in real life? There should be another way around this because I do not feel comfortable exposing my address and phone number to this person.
Re: How can I fight a false copyright claim? rewboss 5/29/09 8:50 AM
There can be no other way, because this is a legal process. Essentially, you have been served with what almost amounts to a court order, which you are now challenging. This is the last stage before it goes before a court, so it has to be done this way.
Re: How can I fight a false copyright claim? GibsonAndVega 5/29/09 12:58 PM
This problem comes up here a lot, and it is outrageous that YouTube won't do anything about it. They need to set up a process to report FRAUDULENT infringement notices that is separate from the process of DISPUTING legitimately presented claims, so that users are not presented with the ultimatum to disclose their personal information to criminals (and filing a fraudulent DMCA claim is a crime) who are harassing them. By leaving no way open to report these frauds and advising victims to file counterclaims, YouTube is actively participating in a criminal "phishing" scheme, and is irresponsibly advising victims to expose themselves to greater danger. It would be quick and easy for YouTube to verify that names, addresses, and phone numbers on reported fraudulent claims are fake—they're GOOGLE, for god's sake—but they leave no channel open to make such a report. And, although the DMCA process requires them to supply the information about a counterclaimant to the claimant, there is no requirement that they do so through email. When in receipt of a fraud complaint, they could send the counterclaim to the physical or FAX address on the claim, which would protect the counterclaimant, because they would of course be fake.


rewboss wrote:
"There can be no other way, because this is a legal process. Essentially, you have been served with what almost amounts to a court order, which you are now challenging. This is the last stage before it goes before a court, so it has to be done this way."

Wrong, wrong, wrong. An infringement notice with fake information is not a part of any "legal process". In fact, one has to commit two or three felonies to send a fraudulent notice. The only "legal process" that could possibly result from it is the prosecution of the sender. And even a legitimate copyright claim is absolutely nothing like a "court order". It is simply a request from one citizen to another. Only if the request is refused, or a counterclaim is made, and the claimant files suit in court, does a judge become involved who can issue any orders. If the claim is fraudulent, there is not and will not be any "order" for the victim to challenge. And no, it does not have to be done this way. YouTube is absolutely free to ignore a fraudulant infringement notice. They are even free to reject a legitmately presented claim if they perceive it to be without merit, although they then would become a party to any legal action that resulted. Only if they lost in that legal action would they suffer consequences for rejecting the claim. 


Re: How can I fight a false copyright claim? mythicflight 5/29/09 8:02 PM
Thank you GibsonAndVega, I was beginning to think that I was going insane. Youtube has to adapt, and simply ignoring the issue is not doing that. There are people out there filing false claims every day, and if this is the way that the site is going, I seriously want no part of it. I have been on here for almost three years now, and I'm ready to pack up and move on. I HATE the fact that I am considered to be the one at fault and have to prove my innocence to this person and youtube. There should be SOME WAY that this person can be held accountable. Thanks for you support, I'm kinda glad to know I'm not the only person, but at the same time I'm upset that this is going on at all. Absolutely rediculous.
Re: How can I fight a false copyright claim? ebbixx 5/31/09 2:17 AM
One thing to keep in mind is that the alleged false filer will also be required to give you his personal info, unless he incorporated before filing the notice.  Granted, if he is truly dishonest and has violated the law to send the DMCA takedown order, that info may also be bogus.  But in that case, it's also unlikely to ever reach a court (and the false filer is very unlikely to contest your legitimate counterclaim.  If you're concerned about personal security and privacy, an attorney may be able to suggest a course of action that will address your concerns.  Assuming you are in the right, and the false filer can be located, you may have far more leverage than you assume.  But you're not going to find that out in a forum full of people in no position to offer legal advice.
Re: How can I fight a false copyright claim? OMGplsSolveThis 1/28/10 10:50 PM
bump
Re: How can I fight a false copyright claim? Landtat 1/29/10 1:13 AM
"bump" on your head is more like it OMG.
Stop your idiotic bullshit please.