We need to stand together! DMCA and Copyright Abuse!
We need to stand together! DMCA and Copyright Abuse!
2019-02-14
okay guys we're gonna be one of those
talking head videos I haven't done in a
while and this one's not even like
quote-unquote tech related it's also
raining really bad today probably
because there's just it's been this is a
sad day for our industry and my industry
I mean tech and specifically tech on
YouTube so I'm not monetizing this video
I'm not playing ads it's not sponsored
I'm not doing any editing to this so
just minimize and just listen we got
some stuff to talk about you guys may
remember late last year towards the end
of last year the verge put out a how to
build a PC video that was dangerous at
best what I mean by that and I didn't
make any video content on this I kind of
poked some fun on Twitter there was like
this whole just pile on effect that was
happening and Stefan the guy who did the
video I think was named Stefan was just
getting attached from every angle and I
and I don't I don't like that if you
will no I jumped on it made fun of his
thermal paste in the tweezers commenting
all that sort of stuff if you haven't
seen the video it's easy to find just
look at verge how to build a PC it's
been reloaded a million times buncha
bunch people doing parodies and a lot of
critiques because the problem with that
particular how-to guide was it was
dangerous in the sense that there were
things being explained incorrectly
incorrectly enough and so egregiously
poor thing that's a right word trying to
sound smart here you could damage your
stuff by following their tutorial
literally the damage could occur so a
lot of people got very vocal about how
bad it was and the verge pulled down the
video they left the written article left
they pulled down the video kind of went
from there I guess just sort of started
to die down months went by they're still
there still jokes lying around I mean
people don't forget right things happen
people make jokes there's always just
that lingering effect and the right way
to handle that would have been just kind
of let it die down just take it offline
you did what you did let it die down one
of the most popular videos that was put
up regarding parroting or doing a parody
based on that build was Kyle or bit wit
his alter-ego Lyle doing a kind of a
critique of that video hilarious if you
haven't seen absolute hilarious the
problem is it got issued a takedown
notice from Vox media which is the
parent company that owned
their verge now the verge if you guys
don't know probably lost a lot of
credibility leading up to this point
they are definitely a spam site what I
mean by that is their entire goal is to
just put out as many articles as they
possibly can with as many sponsored
banners and spawner
sponsored clicks as they can to make
their income there was already some
history there with regarding the verge
of some of their editors and that it's
written media versus new media video
content like this like we create like I
create Paul cheilitis even we are
considered new media traditional media
would be like written media newspaper
online articles like Fox News stuff like
that regular TV that would be considered
old media and there's always been this
kind of a rift because all eyes have
really turned to influencers which I
hate that term by the way absolutely
hate that term I'm not in I'm not here
to influence you to do anything I'm just
here to share information let you make
up your own opinion yes that's basically
influence if I'm not smart with or
responsible with that level of influence
that can happen on the market but that's
a whole different discussion the problem
is they have this just distaste for new
media because it took views and clicks
away from their traditional sites rather
than kind of adapting to the evolving
landscape which a lot of us grew in they
sort of kind of just started attacking
and just making snide comments and stuff
like that like I believe there was even
a comment once I don't remember whose
name it was wasn't important remember
that person's name something along the
lines of like don't forget tech
youtubers aren't journalists well I'll
be honest I've never been more pleased
and just more ecstatic about that
because I'm not trying to be a
journalist because a lot of journalists
have alter ulterior motives that
political alignment and that's not what
I'm about here so I took that as a
compliment greatest compliment you can
give me I'm not a journalist thank you
unfortunately the other day Kyle
received a copyright strike and a
takedown notice on the video so the
video was automatically taken down which
leads us to kind of a couple of problems
with this YouTube has very little
mechanism to validate a claim or a
strike there are two there's very two
different they're two different things
well I've had plenty of claims on my
channel because of music that was used
and then the library I got it from which
I had license to use no longer was
license to use that song so
it move to another publisher and then
the publisher has you know the AI which
goes in there and finds the song and
then issues a claim and redirects the
revenue to them usually that's really
old videos I don't even care to fight it
because it's so old they don't get views
anymore it doesn't really matter a claim
doesn't hurt you it doesn't remove any
of the features from your channel it
doesn't affect your standing your
copyright standing with the channel
because member YouTube is terrified of
copyright and they pass all the
liability on to the creator as you
should
the problem is when someone like Vox
media goes in there and says hey this
video is a violation it's copying our
content then you can issue you can you
can determine how you want to handle
that so the claimant or the person file
name of the claim has to determine do I
want to claim it or do I want to strike
it do I want it taken down what do I
want to happen well they went after Kyle
with a strike now the problem with
YouTube and a strike is that's a serious
offence it's like three strikes and
you're out back in the day used to be
three strikes in your channel was closed
entirely gone forever
but the problem with copyright strikes
is the fact that basically is a legal
claim they are you they are legally
claiming they want punishment to you
because of the fact that you have
copyrighted material that belongs to
them and intellectual property whatever
that you are monetizing in yada yada
yada and it's designed to protect you
the DMCA if you haven't looked up the
DMCA go and look it up it's one of the
most abused mechanisms of our modern age
because people have used it to basically
say I don't like what that person said
about my product and by the way free
speech
bla bla bla did exists on the internet
even if you're outside the US borders
there is a freedom of speech and as long
as you're not slandering or liable
liable saying things that aren't true
writing things that aren't true then you
can't you're free to do as you wish the
problem is people have abused DMCA
because they just don't like what you
said now Kyle was under fair use fair
use basically says you can use content
that has been created online like in
this case he basically watched and
reacted to that video made commentary
positive make commentary whatever which
falls completely under fair use I
learned that as a claimant myself
because I had people uploading some of
my videos making commentary and stuff
and I looked into the legal action I
talked to my MCN
talk to the lawyers and found that I
would have no legal standing to file a
strike now because I go through an MCN I
had that which stands for multi-channel
network by the way I had at least legal
counsel be able to determine what I
couldn't couldn't do because if I made
an in a claim or a strike that was false
then that comes back on me I don't I
don't want that to happen
the problem is with YouTube you can do
that and there's no repercussion you can
just throw them out there and whatever
stick sticks and then there's no
repercussion if you abuse that system so
that's problem number one problem number
two is this was a false strike has no
basis because it's used under fair use
in fact HTH TV productions went to court
and fought this in court and won so
there's already a trial that can be
cited in terms of this being abusive
DMCA so where does that leave us now
whoa Kyle unfortunately while this is
being handled cannot live stream that's
a that's one of the first features
that's removed he's no longer gonna be a
recommended Channel because of the fact
that YouTube now looks at him as a
liability because of this strike mind
you no one has reviewed this strike
nobody has gone in and checked the
validity of this strike and if they had
then obviously the strike would have
never been issued now if you receive
three strikes in a three month period
they can close your channel indefinitely
and this strike won't be automatically
removed for three months which really
sucks because Kyle's having to fight
this now and spend time and energy and
resources and doing this which in the
meantime is going to be affecting his
day-to-day operation because features
that would be in normally available to
him are not available so I'm making this
video to make you guys aware the verge
is a tech web site it is a site that is
supposed to reside in the same space
that we reside and basically coexist
harmoniously harmoniously with harmony
whatever we're supposed to coexist and
lift each other up that's why you see
positive stuff going around between
Steve and I and Linus I'm Paul and Kyle
we live all the rising sea lifts all
ships there's no reason for anyone to be
putting down anyone yada yada or
fighting each other cuz nobody wins in
that situation that's why you don't see
me participate in Twitter drama you
don't well okay plenty of Twitter drama
you don't see me get involved with other
people and like start fighting them and
stuff other Creators that's not what I
do it's not what you're gonna see me do
that's why I don't get in arguments
without a youtubers and stuff and make
no
videos about drama videos in this and
then he said this no that's stupid so
this should have never happened to begin
with so at the end of the day what we
have here is somebody in our community
who's highly respected has worked very
hard to get to where he is having his
bottom line completely impacted by a
frivolous strike on his channel that
YouTube has no protections against the
problem as YouTube is so damn afraid of
the repercussions of potentially Google
getting in trouble with copyrighted
material that they just immediately
passed the strike on to the end user in
this case being Kyle and then it's up to
him to fight to get it corrected that
whole innocent till proven guilty does
not exist on YouTube something that many
creators hd8 reproductions really
leading that charge that this needs to
be there needs to be review like an
actual manual review of every strike
before it's issued the problem is that
requires manpower as we already know
YouTube doesn't even like to give us the
features that we want or features that
work half the time how are they gonna
put the manpower into this to make sure
that creators like myself are not
impacted by people who can simply go and
click a few buttons now there should be
repercussions on this let me tell you
why if you are sued by someone and you
don't believe that you are responsible
for the suit you can counter sue you can
counter sue for the time and the money
in the legal and all of that invested in
defending yourself so why doesn't that
exist on YouTube if somebody's abusing
DMCA for takedown notices why is it up
to us to have to prove that we are in
the right and then the person that does
the claim gets off scot-free with no
repercussions whatsoever it it's an
extremely one-sided system I'm not
saying anything that hasn't been said a
million times already through all the
people leading the charge like
boogie2988 Dave DeFranco lots of people
who talked about this YouTube has fallen
on deaf ears they don't care so that's
why us as the community have to stick
together and that's why I'm making this
video to make you aware of what's going
on and to make you aware of somebody
that exists in our space is abusing
their their power or actually no power
there's no power there they're abusing
power that doesn't exist and that's the
problem with this so you guys respond
however you want you guys can say
whatever you want I mean I'm not the
comments on this video don't really
matter to me
was just more of a no making you guys
aware this would have been gone already
we were forgetting about that it had
been taken care of it wasn't online
people weren't breaking their computers
through the exception of their written
article but let's face it nobody was
reading the verge anyway it's back in
the spotlight in another negative slant
because I guess the verge looks at it
this way bad press is better than no
press well at least this way you know
whether they're true colors are so
anyway I'm gonna go guys thanks for
watching this video just want to make
you aware of what was going on the fact
that this could happen to any of your
favorite creators so stand by them give
them the support that they need whether
it be me Kyle Paul whoever whatever
channel whatever genre you like to watch
like favorite subscribe all that stuff
the interactions definitely help and it
can counteract some of the negative that
comes from these claims and these
strikes and stuff like that at least
keeps the algorithm fed and it keeps
your content creator motivated to make
content even when you're having to deal
with this kind of crap on practically a
daily basis alright guys I'm gonna go
thanks for watching sign up in the
comments on how you feel about this
situation and how you think YouTube
should handle this and as always we'll
see you guys in the next one
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