Google is breaking the law (mirror)

original video is here: http://www.youtube.com/watch?v=QXsvcFS52eU
Please mirror this video but make sure that you refer back to the original as I need to gather as much evidence as possible of how endemic this systematic abuse is. Google SHOULD respond promptly to DMCA Counter Notifications. Instead, they arrogate to themselves the job of acting as judiciary, and they obstruct the legal process set out in the Safe Harbor provisions of the DMCA by refusing to process people's counter notifications. This has to stop.

Category:

Nonprofits & Activism

Tags:

• gtf
• btf69
• gothatfunk
• bewarethefunk69
• google
• breaking
• DMCA
• rules
• original
• video
• by
• rozeboosje

[bewarethefunk69]

this has not happened to me personally, but this practice is not only illegal, but a direct snub to smaller users of this site. it needs to be ceased before it takes hold as overall policy.

[FrankTheMouse]

you should sue them!!

[TheReasonWhyGuy]

@gothatfunk "the issue is youtube/google deciding who owns copyright"

Except that's the point you're ignoring.

Whether they decide to reinstate it or not has nothing to do with the dmca process, since it's spelled out in their tos.

"otherwise, its arbitrary."

You still seem to ignore their tos, please read it.

It's towards the end of the dmca section in their tos.

[gothatfunk]

@TheReasonWhyGuy the issue here is not reinstatement, per se. the issue is youtube/google deciding who owns copyright, where that copyright is in dispute. they are not in a position to know, nor decide.

to answer your Q directly, no, i would not expect them to be *required* to reinstate a video upon counter-claim.

if the original filer of the DMCA decided to pursue the suit, in spite of the counterclaim, then i could see a rationale for not reinstating. otherwise, its arbitrary.

[TheReasonWhyGuy]

@gothatfunk "it is about youtube adjudicating a copyright dispute"

This is where your flaw is...

Youtube follows the dmca process until the end, and if after it's concluded, they decide to no longer provide the service, they reserve the right to not reinstate the video

It's effects appear like they are somehow acting as the judge, however they aren't.

Would you expect them to be required to keep a video on their site after a counter-claim?

[gothatfunk]

@TheReasonWhyGuy with maximum respect, you are confused as to the point of this video. it has nothing at all to do with youtube having the right to determine what videos are uploaded. it is about youtube adjudicating a copyright dispute, which is a matter for the Courts.

a DMCA claim is a declaration of an intention to sue for breach of copyright. a counter claim (counter suit) asserts the user IS the one with copyright. its for Courts to decide who is right/wrong, private companies can't.

[TheReasonWhyGuy]

@gothatfunk Alright, however my original point involving what youtube can do still stands.

In their terms of service, you agree to them being the deciding entity over the reinstating of a video.

As for whether they are allowed to refuse a video being uploaded, if you seriously think you have some right to upload content onto their site, then you're deluded.

They provide a service, to attract people, to collect ad revenue, however they can refuse to allow access to any part of their service

[gothatfunk]

@TheReasonWhyGuy except you can't. removed videos are NOT re-uppable unless you alter them in some way. i can attest to this personally.

[TheReasonWhyGuy]

@Killedkennyagain "You could always just re-upload the video from your hard drive. Just because YouTube does not restore it"

EXACTLY :)

[Killedkennyagain]

@TheReasonWhyGuy You could always just re-upload the video from your hard drive. Just because YouTube does not restore it, does not mean you cannot, as long as the so called 'copyright owner' does not file a court order.