
Big Win for User-Generated Content Hosts in Vimeo Case - dwaxe
https://www.eff.org/deeplinks/2016/06/big-win-user-generated-content-hosts-vimeo-case
======
blisterpeanuts
Glad to see this. I just subscribed to the Vimeo $60 plan in order to upload
my daughter's Irish dance recital.

YouTube flagged the audio as infringing on some commercial recording even
though it was a live performance of very old traditional tunes; apparently the
software matched three jigs to someone's CD version. They put the burden of
proof on me,caught in an overly wide net. Luckily Vimeo's more laissez faire.

~~~
stordoff
I was pushed over to Vimeo for similar reasons. I uploaded a game trailer
(that the publisher had given me rights to use) to YouTube, and immediately
after the upload finished was given the message "This video has been removed
due to a Terms of Service violation". No further details or way to contact YT
were given, so I decided at that point to look at alternative hosts.

~~~
blisterpeanuts
For copyright violation, the only option I was presented with was to send an
appeal to the copyright holder.

Youtube just passes the buck to some copyright holder who in my case at least
was completely unrelated to my recording, other than coincidental order of
tunes. I don't know, maybe three traditional tunes played in that particular
order can be copyrighted, though that's a bit ridiculous. Thousands of
performances of traditional music would suddenly be infringing.

I was happy to give Vimeo my money to get around this, and I doubt I'll be
giving Youtube money for any of their commercial offerings, until they can
straighten this mess out. I do understand they're probably overwhelmed with
sheer volume, but still.

And, of course, I've never heard back from the copyright holder, who has no
incentive to get involved.

------
tgb
Do Second Circuit decisions affect areas outside of the second district (NY,
VT, CT)? If not, is the location of the host that matters?

~~~
bwilliams18
As I understand it, and I have a weak understanding, the judgement only has a
direct, enforceable effect on the area of jurisdiction, but can be cited by
other district courts and ultimately the supreme Court in decisions.

------
app
Between this and net-neutrality, it's a big week for the internet.

