Facebook now algorithmically suggesting groups and sending well designed emails with info and graphics to join them

Oh!

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Oct 1, 2020
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DigNap15,

Yeah, fair use'' appears to not be assessed by Youtube. You can counterclaim, but in the meantime, your video off-line. It can takes weeks to resolve. DMCA take-down notice system is highly abused by the big copyright owners/agents. There must be a penalty for invalid notices - practically, there are none now, so the claimers have nothing to lose.

As for Youtube, obviously it is far easier for them to automatically take down a video upon receipt of a 'valid' (this just means correctly formulated) take-down notice and see if the uploader wishes to contest the notice before reversing removal of the video. YT must act in this way to retain 'safe harbor' provisions within the DMCA. And it only would cost them money to attempt to asses the video for fair use, etc. There is no incentive for Youtube to behave in any other manner.

YT did take someone to court a few years ago for repeated invalid claims. But that was a complete chancer, not one of the large copyright owners/agents. Again, no incentive for them to do so.
 

Pete

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Frankly, I think the financial cost of video hosting is small beans compared to the headache of dealing with copyrighted content. Of course it depends upon the community (and the type of content members typically wish to upload), but anyone wishing to recreate (or create a practical alternative to) Youtube's Content ID system are in for a tough time. Managing copyright infringements within video in a practical and cost-efficient manner is a real tall ask. If you are more specialized (and not very large) and can generally rely upon members to only upload content which they own (or is otherwise free of copyright restrictions), you can probably deal with that; otherwise, you will struggle.

Either there must be free (or cheap) access to systems which allow smaller platforms and forums to manage copyright claims in an efficient manner (a la Content ID), or copyright laws need to change. I'd argue for both.
Honestly, it’s not the same.

YouTube has sufficient material uploaded per day that it‘s not possible to moderate. Self hosted forums... aren’t in that category. And, realistically, the exact same drama does apply... photography forums exist, as do writing forums, as do gaming forums, as do forums about films.

You have the same duty of care regarding copyright law for those as you would your members uploading video. With all the same moderation concerns, though I grant you that you would have to watch the video in its entirety to ascertain for sure, but the practical reality is that for now S230 would protect you as a host in the US and if you received an appropriate request to take it down, you take it down.

YouTube is in a circle of hell of its own making here. On our forums the rules are ours somewhat, but having dealt with cases of individuals being taken through the courts for copyright related issues that weren’t video, I assure you it can and does happen.

The only reason a YouTube-style content ID system is necessary for the rest of us is because the lawmakers seem hell-bent on taking the rest of us down to protect their ill-gotten gains. Like the “must take down in an hour” type clauses that are in some of the proposed rules in the EU... they’re enforceable if you‘re YouTube, but the rest of us can’t afford 24/7 moderation staff.

Because if you relax that kind of requirement, you realise that all other copyrighted material has the same stipulations and enforcements; video isn’t special. Worse, these copyright enforcement trolls have a knack for pretending fair use clauses in law don’t exist.
 

zappaDPJ

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I've heard that Facebook is about to do a u-turn and restore its news pages in Australia. Something that occurred to me after hearing this is I had no idea Facebook was a source for news.
 

Pete

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My friends often share news they find interesting, so in that regard it is a venue for news but has the potential to be deeply echo-chamber like because if you only hear like-minded views, you rapidly start to believe those views aren’t only correct, but the only acceptable views to hold...
 

zappaDPJ

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This seems to have become a bit of a flip-flop situation.

Australia has passed a world-first law aimed at making Google and Facebook pay for news content on their platforms.
The news code legislation had been fiercely opposed by the US tech giants.
Last week Facebook blocked all news content to Australians over the row, but reversed its decision this week after negotiations with the government.
Following those talks, the law passed with new amendments which make it possible for Facebook and Google not to be subject to the code.
However, both companies have now committed to paying lucrative sums to some big Australian publishers outside of the code. These deals have been widely viewed as a compromise by the tech giants.
https://www.bbc.co.uk/news/world-australia-56163550
 
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