Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

The "Resolve a copyright strike" section of [1] includes:

> There are three ways to resolve a copyright strike:

> [...]

> 3. Submit a counter notification: If your video was mistakenly removed because it was misidentified as infringing, or qualifies as a potential fair use, you may wish to submit a counter notification.

That's not entirely clear whether the copyright strike is removed when you submit a counter notification, or whether the status of the copyright strike is resolved after further proceedings.

I think the strike is removed immediately upon submission of the counter notification, because I think this is the action that moves the dispute fully into the formally defined DMCA takedown legal procedure and out of YouTube's own content ID procedures. But Google's documentation is obviously avoiding any clear statement of user's rights and what's required by law vs by Google policy. Google and the big copyright cartels want the system to continue to function largely on intimidation, and don't want it to be too easy for users to find and exercise the "sue me or fuck off" option they are legally entitled to.

[1] https://support.google.com/youtube/answer/2814000



The strike isn't removed until after ten days, but the effects are paused during that period. The content will stay down during that period but the account is fine.

I don't want to ascribe particular motivations to Google here, but I agree that more people should be aware that they can dispute and counternotice and won't be harmed except in the very unlikely case that they actually get sued.


This also assumes that the entity that made the original claim doesn't just come back and say that your counter-notice is invalid. Google doesn't actually check that they are telling the truth and will just suspend your account permanently instead.

If you involve some lawyers and media pressure they might reverse the decision, but if you are just a random person without a legal team on call 24/7 you're SOL.


>This also assumes that the entity that made the original claim doesn't just come back and say that your counter-notice is invalid. Google doesn't actually check that they are telling the truth and will just suspend your account permanently instead.

Not how it works. They need to actually file a lawsuit.


> The strike isn't removed until after ten days, but the effects are paused during that period. The content will stay down during that period but the account is fine.

The stuff you're saying in this thread all sounds plausible, but I have no idea where you're getting this information and there are plenty of other plausible interpretations of the vague Google documentation I've read so far. Can you please provide some more authoritative sources for your claims? Because as-is you're not really reassuring anybody.


I did some in depth research a year ago and linked to all the Google resources there. See https://www.reddit.com/r/YoutubeCompendium/comments/aga8yl/h... and also see the EFF link there.

Specifically, https://support.google.com/youtube/answer/2814000 mentions the courtesy period for anyone that's actually monetized and says the account won't go down at all if counternotices are sent. There's no courtesy period for accounts that aren't monetized (I.e. Not part of the Partner program). But of course if you're not monetized you have very little reason to dispute a content ID claim, since that also doesn't harm your account.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: