The Electronic Frontier Foundation's Fred von Lohmann has a scorching post up about YouTube's complicity in allowing giant entertainment companies to censor user videos, first through the use of a fault-prone automated identification system, and second through the willful bullying of Warner Music.
EFF's had enough -- they want to hear from people who've been unfairly taken down from YouTube, find some likely plaintiffs, and get some action going in court:
First, YouTube should fix the Content ID system. Now. The system should not remove videos unless there is a match between the video and audio tracks of a submitted fingerprint. When we made this suggestion in October 2007, YouTube assured us that they were working on improving the tool. Well, it's been more than a year. If YouTube is serious about protecting its users, the time has come to implement this fix. (Some will point out that this implies that record labels and music publishers can never use the Content ID tool to remove videos solely based on what's in the audio track. That's right. I think that adding a soundtrack to your home skateboarding movie is a fair use. If copyright owners feel differently, they can send a formal DMCA takedown notice, and with any luck, we'll see each other in court.)
Second, YouTubers, EFF wants to help. If Warner Music Group took down your video, ask yourself if your video is (1) noncommercial (i.e., no commercial advertisements or YouTube Partner videos) and (2) includes substantial original material contributed by you (i.e., no verbatim copies of Warner music videos). If so, and you'd like to counternotice but are afraid of getting sued, we'd like to hear from you. We can't promise to take every case, but neither will we stand by and watch semi-automated takedowns trample fair use.
YouTube's January Fair Use Massacre
My latest Locus Magazine column is DRM Broke Its Promise, which recalls the days when digital rights management was pitched to us as a way to enable exciting new markets where we'd all save big by only buying the rights we needed (like the low-cost right to read a book for an hour-long plane ride), […]
For decades, architectural critic and photographer John Margolies obsessively documented roadside attractions: vernacular architecture, weird sculpture, odd businesses and amusements. By his death in 2016, his collection consisted of more than 11,000 slides (he published books of his favorites, with annotations).
After the EU Copyright Directive passed with a slim majority that only carried because some MEPs got confused and pressed the wrong button, the government of Poland filed a legal challenge with the European Court of Justice, arguing that the Directive -- and its rule requiring that all online discourse be filtered by black-box algorithms […]
Studies have shown cannabidiol (more popularly known as CBD) to be effective in two main areas: Pain relief and stress relief. Both of those make the non-psychoactive, cannabis-derived compound a natural for topical creams. There’s no shortage of CBD products out there, but here’s eight of our favorites, all specifically designed for dermatological use – […]
If you’re part of the maker community, you know Make:. Though Make: magazine is off the shelves as of this year, the eBooks and resources put out by Maker Media are still a fantastic resource for the new generation of tinkerers, hackers, and robotics geeks. If you’re in that tribe, listen up: they’ve released a […]
Life isn’t getting any less hectic, and pressure cookers are a quick, healthy solution for a growing number of kitchens. But if you thought your Instant Pot was versatile, there’s a major upgrade on the market: The Yedi 9-in-1 Total Package Instant Programmable Pressure Cooker. If you’ve somehow never used a pressure cooker before, try […]