Misuse of YouTube's DMCA Takedown System

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Misuse of YouTube's DMCA Takedown System AnimeGamer 4/13/12 4:52 PM
The current DMCA system YouTube is using is currently extremely flawed is currently being abused to it's maximum potential.

A great example of this is a YouTube channel called "Treetopfan". It's been around for two years, reposting dance videos from Japanese video site Nico Douga with permission from each individual dancer to do so. Last year, a takedown was initiated by someone calling themself "Altaira Perez", and Treetopfan made the usual counter-claim and reclaimed his channel. This year, in the past two and a half months, this same "Altaira Perez" has taken down Treetopfan's channel three times (the most recent coming approximately 2 hours ago).

This blatant abuse needs to stop. The only reason a lawsuit or a criminal case (under DMCA law) has not been sent by Treetopfan to whoever "Altaira Perez" is, is because YouTube does not provide any information on whoever files a copyright claim. The troll, "Altaira Perez", does not file any lawsuits toward Treetopfan when he files his counter-claim to regain his YouTube channel.

Having Treetopfan continually calling up YouTube support, making him and his 20k+ subscribers from around the world have to wait 2-3 weeks for his channel to come back up only for it to go down again a week later is extremely silly, stupid, and a complete waste of time and resources for YouTube support. Not only in this particular case, but in general - there needs to be some deterrent to prevent abuse of the YouTube DMCA Copyright takedown system like what is being experienced in Treetopfan's case.

There is no recourse currently to combat this troll. Keeping the channel down means it's a victory for the troll (and a major disappointment to fans of the dancers showcased on Treetopfan - who would have to blindly navigate Nico Douga, which can be hard for many who do not know Japanese.)

I'm calling on YouTube to do the right thing, and fix their DMCA system in some way to at least prevent blatant abuse. If anything, at least come up with a better way to verify who is filing the copyright claim and have some way for them to be liable if in fact they are abusing the system.

I'm sorry for the long post, and I thank you if you read the entire thing.

Re: Misuse of YouTube's DMCA Takedown System GibsonAndVega 4/13/12 5:13 PM
Most of this type of abuse would be stopped if YouTube would simply verify the contact information on copyright infringement notices before acting on them. They refuse to do so, even though they are quite aware of this problem, and YouTube users have been begging them to do something about it since the Google takeover ended the direct user support that used to handle cases of such chronic abuse. Once a dedicated troll has targeted your channel in this way, you might as well just close it—YouTube will never do anything about it.
Re: Misuse of YouTube's DMCA Takedown System gbcali 4/14/12 6:58 AM
On Friday, April 13, 2012 4:52:01 PM UTC-7, AnimeGamer wrote:
 

... reposting dance videos from Japanese video site Nico Douga with permission from each individual dancer to do so.

He also needs to get permission from the copyright holders of the music used in the videos.

Following the suspension of his 'Treetopfan' channel he immediately created another YouTube channel '3topfan' in violation of YouTube's terms of service that prohibits persons who have had a channel suspended due to copyright claims from creating another account.  This is in addition to his 'Treetopfun' (which he also operates in violation of the aforementioned terms of service) that has a number of videos with music that I doubt he has permission to use.

Re: Misuse of YouTube's DMCA Takedown System AnimeGamer 4/14/12 8:34 AM
The music is a whole different can of worms in and of itself. If I remember how VOCALOID song copyright works from what I heard from the CEO of Crypton (the creator of many popular VOCALOID voice banks, including Hatsune Miku) at Anime Expo 2011, any of the VOCALOID songs fall under Fair Use provided that they are not for profit. They have a system in Japan for artists who use the VOCALOID program to get their songs copyrighted under Crypton (ie. Piapro). VOCALOID dance covers make up about 90% of the 1.1k videos he has uploaded.

The gray area is when dancers use non-vocaloid songs, as those are subject to removal by the song holders - (ie, Japanese artists such as AKB48, Morning Musume, C-ute, etc.) He has in the past removed videos featuring songs from these artists because of copyright claims, or had the songs changed to VOCALOID song covers.

3topfan was probably created out of frustration of having his channel continually shut down by the troll. Treetopfun has been active for quite some time before the shut downs.

I don't know if you are a lawyer or speak lawyerese gbcali, so I don't know how the interaction between US Law and Japanese Law would work in this case. I suggest reading the VOCALOID article on Wikipedia for more information regarding the music.

Fact remains though that the main issue at hand (DMCA Copyright takedown abuse) is still unresolved, regardless of whatever happens to Treetopfan. This abuse can be done to any channel and to any user of YouTube with impunity, and there is no recourse other then to overload YouTube's Customer Service lines or break YouTube's ToS and create another channel.

Re: Misuse of YouTube's DMCA Takedown System 3h_WWWW 4/14/12 2:23 PM
Producers and singers have no problem with the songs he is currently using, as long as he doesn't use signed artist like Halsoy or barushe(as examples). And most Odomitte don't care as long as community only videos do not see YT. Very few wish to stay off YT all together. But with TTF being terminated now, one can assume he has had 4 different names place claimed against him within a short period(like 2 months). I know he had a claim from DO@RAT, Altaira Perez, and some producer; this means the new claim must have been done under a new name, unless YT policy has changed.