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INTEREST: Multiple Hatsune Miku Videos Being Taken Down Overseas


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TarsTarkas



Joined: 20 Dec 2007
Posts: 4179
Location: Virginia, United States
PostPosted: Thu Feb 02, 2012 11:06 am Reply with quote
There needs to be criminal punishment for false takedown requests. The power of the law that requires takedowns without due process, is ripe for false accusations, provocateurs with an agenda, and just plain jokesters.
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ajr



Joined: 29 Nov 2010
Posts: 444
PostPosted: Thu Feb 02, 2012 11:56 am Reply with quote
maybe just a run-of-the-mill troll? I hope not, that would speak pretty ill of how Youtube is run.
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firedragon54738



Joined: 24 Sep 2007
Posts: 3104
Location: wisconsin
PostPosted: Thu Feb 02, 2012 12:15 pm Reply with quote
Why would some one do that to Miku
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mewpudding101
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Joined: 07 Apr 2009
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Location: Tokyo, Japan
PostPosted: Thu Feb 02, 2012 12:51 pm Reply with quote
Well I know Luka was singing Poker Face by Lady Gaga, although a remix. Music companies are bitches. Anime hyper
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mrsatan



Joined: 06 Jul 2005
Posts: 738
Location: Olympia, WA
PostPosted: Thu Feb 02, 2012 1:06 pm Reply with quote
TarsTarkas wrote:
There needs to be criminal punishment for false takedown requests. The power of the law that requires takedowns without due process, is ripe for false accusations, provocateurs with an agenda, and just plain jokesters.


Totally agree. My YouTube account is just a thread away from being cancelled due to two false accusations and there really isn't anything I can do about it except hire an attorney or hand over tons of personal information on myself that the false-flagger then has access to.
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mrdarkrai



Joined: 30 Aug 2011
Posts: 22
PostPosted: Thu Feb 02, 2012 1:18 pm Reply with quote
I submitted this to www.techdirt.com. They specialize in such things and know how take downs/counter dmca notices work.
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Haterater



Joined: 30 Apr 2006
Posts: 1530
PostPosted: Thu Feb 02, 2012 1:39 pm Reply with quote
Wouldn't be surprised if trolls were involved. Like to target popular things or stuff that's not the norm. Something really needs to be done about verifying these things.
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RyanSaotome



Joined: 29 Mar 2011
Posts: 4210
Location: Towson, Maryland
PostPosted: Thu Feb 02, 2012 1:52 pm Reply with quote
http://www.penn-olson.com/2011/07/14/lady-gaga-youtube/

Interesting, its the same company which took down Lady Gagas Youtube account last year for posting a video of herself performing.
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Mad_Scientist
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Joined: 08 Apr 2008
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PostPosted: Thu Feb 02, 2012 1:54 pm Reply with quote
Haterater wrote:
Wouldn't be surprised if trolls were involved. Like to target popular things or stuff that's not the norm. Something really needs to be done about verifying these things.


If my understanding of the DMCA is correct, under US Law, youtube has to take down any video that is reported as a copyright violation if they want to comply with the safe harbor provisions and protect themselves. They aren't allowed to try and verify whether it is a genuine request without opening themselves up to potential liability.

The person who's video is taken down can then file a counter-notice saying the takedown was mistaken, in which case youtube has to notify whoever filed the takedown notice of this fact. If they don't decide to file a lawsuit regarding the issue within a certain period of time, then youtube has to put the video back up.

Of course, if whoever filed the takedown notice does decide on a lawsuit, the person who uploaded the video is now facing a lawsuit rather than just a removed video, and is also potentially guilty of perjury (because of the counter-notice claiming the material wasn't infringement) if the courts rule against him/her.
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TarsTarkas



Joined: 20 Dec 2007
Posts: 4179
Location: Virginia, United States
PostPosted: Thu Feb 02, 2012 2:50 pm Reply with quote
Mad_Scientist wrote:
Haterater wrote:
Wouldn't be surprised if trolls were involved. Like to target popular things or stuff that's not the norm. Something really needs to be done about verifying these things.


If my understanding of the DMCA is correct, under US Law, youtube has to take down any video that is reported as a copyright violation if they want to comply with the safe harbor provisions and protect themselves. They aren't allowed to try and verify whether it is a genuine request without opening themselves up to potential liability.

The person who's video is taken down can then file a counter-notice saying the takedown was mistaken, in which case youtube has to notify whoever filed the takedown notice of this fact. If they don't decide to file a lawsuit regarding the issue within a certain period of time, then youtube has to put the video back up.

Of course, if whoever filed the takedown notice does decide on a lawsuit, the person who uploaded the video is now facing a lawsuit rather than just a removed video, and is also potentially guilty of perjury (because of the counter-notice claiming the material wasn't infringement) if the courts rule against him/her.


That is why there should be punishment for false claims of copyright infringement, to prevent abuse of the law.
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Mad_Scientist
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Joined: 08 Apr 2008
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PostPosted: Thu Feb 02, 2012 3:03 pm Reply with quote
TarsTarkas wrote:


That is why there should be punishment for false claims of copyright infringement, to prevent abuse of the law.


There is, at least hypothetically. But in order for that to happen, it has to be proven that there were false claims made. And "average youtube user A" is probably not going to want to even bother with the risk of fighting a takedown request, given the lack of funds or a lawyer, and given that if he doesn't fight it the worst that happens to him is his video is removed and his account is possibly suspended.

Though sometimes companies have indeed gotten in trouble for filing false takedown notices. Ironically enough, megaupload was in the middle of a legal battle against some music label for supposedly issuing false takedown notices regarding a youtube video where several artists promoted the megaupload site. I guess the artists were paid by megaupload and contributed original material to the video, but said music label thought that the video violated their copyright... because?
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enurtsol



Joined: 01 May 2007
Posts: 13723
PostPosted: Thu Feb 02, 2012 4:17 pm Reply with quote
Somebody's a playa' hata'! Laughing
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Emerje
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Joined: 10 Aug 2002
Posts: 6856
Location: Maine
PostPosted: Thu Feb 02, 2012 6:01 pm Reply with quote
Sounds like a a group of over obsessive Japanese otaku trying to keep Miku purely Japanese. Miku is basically an instrument like any other made by Yamaha and Crypton is very generous is letting people go crazy with her image. YouTube shouldn't be removing any Miku videos without either of them filing the complaint (unless it's against the use of a song).

Emerje
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Furi-Yuri
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Joined: 04 Jan 2012
Posts: 24
PostPosted: Thu Feb 02, 2012 6:30 pm Reply with quote
2ch says it's an organized group of Koreans.
I am not saying it is but just relaying that.
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Chagen46



Joined: 27 Jun 2010
Posts: 4377
PostPosted: Thu Feb 02, 2012 8:29 pm Reply with quote
Furi-Yuri wrote:
2ch says it's an organized group of Koreans.
I am not saying it is but just relaying that.


2Chan is filled with a ton of racist users that hate Koreans, don't trust them when they start blaming Koreans.
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