What is the DMCA?

[SuperAnimemaster101]

who else is innocent from infringement and STILL gets complaints .....me

[JacobDanielRay]

Mind if I mirror this video?

[drowningontheinside]

Way to go man! Thank you! Very informative and directly to the point. Nice job, i'll be happy to pass it along.

[jmm1233]

youtube is now using a creative comons license , which is the best license , copyleft is the best use , the dmca act is hypocratic

[HauseOftenMens]

FUCK SPONGEBOB!!!!

[ricardoalmeida11]

dmca nuclear explosion = freedom!

[waddlerobloxxxx]

@ricardoalmeida11 Viacom building 9/11=Freedom!

[ProtestantsRUs]

over six minutes of nonsense.

[TheLxxy]

Eloquently and expertly digested. Well done sir, thank you.

[SITgoggs]

Wow, you would make a great lawyer

[cornpopsandacid]

well done

[InvincibleGamer1]

I agree

[TomRoykouffVideos]

I don't know if

I agree with this or not.

Why?

Because there are certain people who I will not name that is using DMCA's unfairly!

[mornington3199]

Viacom Lost

[blaziken386]

CURSE YOU DMCA! BRING BACK CHUGGAACONROY!!!!!

[4thcoming]

Great video!!

God bless.

[alwerks1]

DMCA must be challenged.  I need not say more about that.

[SpiritTheWolf1]

can you please expane in much simpler terms on what the DMCA is

[wushumaro]

@SpiritTheWolf1 Here's the breakdown. DMCA is a law, passed by a bunch of old dudes that make these law thingies in the U.S. Basically states that you can upload videos as long as no one complains. If people complain, then the Service company (such as Youtube) has to take them down immediately to prevent getting sued. That's why youtube is protected from lawsuits.

[wushumaro]

Respond to this video... also, some people abuse that take-down notice to silence videos that criticize them. But that is possibly illegal since free speech is protected, and using other's videos to criticize them is possibly considered "fair use" which means it's fair to use the v ideo... Ok i think i covered most of the video.

[TheTruthPusher]

How the  hell do we withdraw a DMCA complaint?

[PuppyZwolle]

I salute you

[PuppyZwolle]

THANK YOU!!!

This actually makes sense. Not the law but how it works.

[pacanime]

I don't think anyone is ever going to stop internet use from gaining access to materials. It's to easy to find a place to view materials. I will tell you the truth though. I viewed some music and films on youtube that led to me purchasing the material legally. I'm sure most of it was up without proper copyright permission. My point is that it also helps. I might be an isolated case but for me youtube is like browsing at the store sometimes.

[crazydudetz]

Sorry but I just don't understand anything. I feel like I'm reading off Wikipedia.

[antybu86]

I love these videos. Especially since some asshole DMCAed me for refuting his video and has since been continuously sending me emails and PMs threatening to sue me after I filed my counter claim. I have yet to see a lawsuit though, so I'm not sure what he's waiting for.

[themaskedanalyst]

Oh, and you are right. Technically the TOS says it is illegal to download videos--but they word it is terrible and incomprehensible to most readers. And, as you note, this is not something they enforce.

In addition, on at least one occasion they featured a video from a sponsor encouraging Youtuber users to download videos from Youtube in order to make a mashup.

See this video from Saw5, which they promoted on the front page for a couple of days.

watch?v=IZlb3IB_lvE

[themaskedanalyst]

In other words, Youtube accepted money from a sponsor in order to prominently feature a video that advised YouTube viewers to break YouTube TOS.

They really should just scrap that rule since no one pays it any attention and since they are willing to accept money from advertisers who urge YouTubers to break the rule. In other words, the rule is a joke.

[DeamonCohln]

Indeed, and I pointed out that they have completely forgotten about it, so the DMCA is the only way people can get videos taken down in this way, and the people don't know that youtube owns a license to re-distribute said videos (also in the TOS)

[themaskedanalyst]

Excellent video! I could quibble with you about your statement that sending a DMCA complaint against another person who uses your video is illegal. First of all, depending on the circumstances their use of your video might be genuinely infringing and fall outside of fair use. Fair Use has to be judged on a case by case basis, so I would hesitate before making a blanket statement.

[themaskedanalyst]

Secondly, the law is a bit nebulous about sending in DMCAs on videos that might or might not be fair use. This gets complex but there are shades of gray here. This is way too complex to get into in the comments section.

But aside from some quibbles, this is an extraordinarily good video. Five stars and favorited.

[DeamonCohln]

And I also agree, but if you knowingly file a DMCA 512 on a video which cites the other video in question and is giving fair criticism under fair use, you have committed perjury under Section 512 in Title 2 of the DMCA. The DMCA form on YouTube also warns of this and states it on the form. If you legitimately believe that it is infringing on copyright, then the DMCA is just, but if you are just attempting to silence, the you are committing perjury.

[themaskedanalyst]

I agree with this:

"If you legitimately believe that it is infringing on copyright, then the DMCA is just, but if you are just attempting to silence, the you are committing perjury."

The problem is proving what someone believes.

It all boils down to what the phrase "knowingly file" means. What is the standard?

Is the standard one of "Would a reasonable person know that this DMCA filing is wrong and that this video they are filing against is fair use"?

[DeamonCohln]

And this is why the DMCA Filing process needs to be refined a bit and why the Channel DMCAAbuse exists, to name and shame those who file falsely. If someone files falsely, and is called out, then retracts and apologizes, I will not hold it against them unless the evidence they are lying comes out.

also, love the channel TMA

[themaskedanalyst]

Or is the standard: "What did this person who filed the DMCA ACTUALLY think?" The use might be blindingly obvious Fair Use to any reasonable person, but if the person who filed the DMCA had a warped view of what Fair Use is, did they violate the law.

The law SHOULD be, what would a reasonable person recognize as Fair Use? Unfortunately, at least one important Court has interpreted it to mean "What does the filer believe it to be."

[themaskedanalyst]

I made two videos a while back discussing this in more detail.

Pt. 1 discusses OPG v. Diebold

watch?v=p1LHxnwyMpc

Pt. 2 discusses Rossi v. MPAA

watch?v=FEaXNwTmu6s

[dark28m]

excellent video!

[x71isnwor]

i did not even know about the fact you are not suppose to download other videos. i support using clips in videos for parody, satire, rebuttal and such. as long as the entire video is not uploaded without permission or the uploader claims it is their work .

[SWAT518]

ill be re-uploading this. good video

[korwinblue]

who are you, and what did you do with Daemon?

[DeamonCohln]

This is what happens to Deamon when his dealer goes out of town.

[h8uall66]

Damn. I would almost consider this video to be a potential winner in the Pwnage Olympics, but only have a "Best Use of Legal Research to Totally Bury Naomi and Johnny".

[AtheistChase]

Quantity and ubiquity!

[AnethSvartalf]

When I get home, I'll upload this.

[xxxThePeachxxx]

Excellent research! I hope this video gets around to everyone and prevents further baseless DMCAs being used to censor people.

[DeamonCohln]

this is why I did it. Going through pages and pages of copyright law is NOT fun.

[thegeno64]

RRRRRRRRRRRR

PIRATEBAY

[DeamonCohln]

RRRRRRRR

DEMONOID

[Raivu42]

*Deamonoid

[PhoenixFirewolf]

Demonoid ftw. :D

[nodvick]

in b4 ANYTHING