• Quetzalcutlass@lemmy.world
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      22 hours ago

      There aren’t any repercussions for submitting a false DMCA claim. There are for pushing the claim after the target files a counterclaim, but it’d require an uphill legal battle that most people aren’t able to fight so they simply give in and pull their video even if it falls under fair use.

      Then to add to that, YouTube’s own policy will suspend your account after a few copyright claims regardless of their merits, and getting strikes removed is nearly impossible.

      Basically if you’re not a major corporation with a legal team on standby, you’re getting screwed by both sides.

    • artyom@piefed.social
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      1 day ago

      There probably are but only if you pursue it in civil court, which I wouldn’t be surprised to see Nvidia do.

  • andyburke@fedia.io
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    1 day ago

    One bullshit system affecting another.

    Real cool.

    It doesn’t have to be like this. We could use government to actually break up and regulate these gigantic companies.

    • artyom@piefed.social
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      1 day ago

      This is really less to do with any companies and more to do with poorly written copyright legislation (DMCA).

      • andyburke@fedia.io
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        1 day ago

        Who uh … who do you think wrote the DMCA? That is definitely one of the shitty systems I am referrimg to above.

              • greyscale@lemmy.grey.ooo
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                23 hours ago

                Please inform yourself of the adjacency of lobbyist centers and capital hill.

                Politicians don’t write shit, they get given frameworks and proposals from lobbyists and “industry leaders”, sometimes they get made into law directly without edit, especially when it comes to smaller ordinances.

                There are designated handlers from the larger lobby groups for designated politicans and congress-critters.

                They should wear jumpsuits like nascar, maybe you and the public would understand it better.

                Edit: Looking at the rest of your replies you’re getting downvoted to oblivion for denying reality.

                • artyom@piefed.social
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                  15 hours ago

                  I don’t need to inform myself of anything. I already know. The lobbyists do not write legislation.

          • 3abas@lemmy.world
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            1 day ago

            Oh boy. Have you heard of this concept calling lobbying?

            Your politicians don’t represent you, they represent the highest bidder, which are the wealthy corporations trying to enslave you.

              • MagicShel@lemmy.zip
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                1 day ago

                That is, unfortunately incorrect. They write it up and their pet legislators introduce it. Yes it has to get voted on and there is more to it, but the actual verbiage? That is all too often written by lobbyists.

      • kkj@lemmy.dbzer0.com
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        23 hours ago

        No, the DMCA (which does overall suck) has severe penalties for false takedown requests. It also has severe penalties for failing to honor takedown requests, though, so YouTube made its own system that is decidedly not DMCA and allows any big company to take down videos with impunity regardless of whether their claims have any merit.

        • andyburke@fedia.io
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          23 hours ago

          Have there ever been any consequences for false takedown requests you could point me at?

          • kkj@lemmy.dbzer0.com
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            17 hours ago

            Not any that I’m aware of. Most takedowns you hear about aren’t actually DMCA takedowns, they’re platform-specific systems that have no legal standing and no penalties for false requests. However, the DMCA does specifically say that false requests are a form of perjury.

  • CosmoNova@lemmy.world
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    1 day ago

    It should be noted that this is illegal. „Abusing Youtube‘s copyright system“ really is just a euphemism for actual theft.

    • Matty_r@programming.dev
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      Also, I recently learnt that it forces the other channel to provide their personal details directly to the person that raises the claim (the person who raises the claim doesn’t need to provide their details). I watched a video the other week where some streamer started harassing another streamer, filed a copyright claim to get their personal details, and used that to find out where they go to University etc.

    • insomniac_lemon@lemmy.cafe
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      1 day ago

      It’s a civil offense though, not a criminal* one. I mean sure Nvidia actually has the lawyers to fight this (assuming this just doesn’t get quietly reversed as a “mistake”) but often false strikes may as well be legal when the person targeted doesn’t have the time/money/willingness/etc to fight it in court.

      * at least at face-value. I guess other charges could happen based on actions and intent (fraud etc), but I wouldn’t expect that to happen without the civil suit nor would I expect the law to actually have the teeth to actually punish a big company for bullying a nobody.

      • CosmoNova@lemmy.world
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        1 day ago

        Since a lot of content creators got a copyright strike from this bad actor I am sure someone will fight this and win easily. Generally speaking it‘s a bad idea to steal someone‘s ad revenue if you‘re from a lawful country like Italy. They win some publicity but lose money from this.

  • Simulation6@sopuli.xyz
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    1 day ago

    Wasn’t the point of the take down notice to highlight that the dlss tech is based on stolen data?