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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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