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A copyright strike does require the claimant to submit a valid DMCA complaint.

If a creator wants to ignore the YouTube's copyright strike system entirely, and YouTube will get rid of the strike, but that also means that you're accepting the legal liability instead of YouTube.




That's not how it works with content ID falsely flagging non-infringing content. YouTube doesn't actually implement the DMCA process. They have their own bizarro version where "takedowns" don't take content down but instead revenue is redirected toward a troll.

Fran Blanche got a strike for a film with the sound of blowing wind. She's gotten many other strikes from public domain content.

Sony claiming the sound of wind: https://youtu.be/3TFESXDVdhM

Troll claiming ownership of PD NASA films: https://youtu.be/1qCM9L_FaFU Discussion: https://news.ycombinator.com/item?id=32159830


You’re both right. Aunche said that a copyright strike requires a valid DMCA complaint. A copyright owner can have material removed without a DMCA takedown, but it does not result in a copyright strike.

From google:

> Also, Content ID claims don't result in a strike.

https://support.google.com/youtube/answer/2814000?hl=en


In particular, fraudulent DMCA takedown notices create civil liability, so you can sue people that DMCA troll you.

I'd wager that the YouTube EULA makes it clear that fraudulent YouTube takedowns do not create liability, and therefore protect the trolls.


Abuse of DMCA has been common since inception but people rarely successfully retaliate because it could trivially run into 10s of thousands of dollars to do so with dubious chances of recovery. Furthermore if they have obfuscated their identity or are overseas you are unlikely to receive any satisfaction.

Take downs ought to required to be attached to a substantial bond per creator not per work that can be recovered in country without substantial litigation. Legit creators could act through an intermediary while paying only a small fraction of the bond under the premise that they would rarely lose the bond and could recover from someone who has a legal identity attached.

Trolls would virtually cease to exist as it would be expensive and futile. Post one fake notice lose your money exit.

Legit companies that presently haphazardly take down programmatically would adjust their strategy after they lost the nth bond.


Simply complying with DMCA takedowns doesn't mean that YouTube gets to make money from copyrighted material that copyright holders didn't send a takedown for. That's why they got sued by Viacom and had to make the ContentID system as a compromise.

Again, if you want to get rid of a strike, you just have to submit a counternotification. If it's obviously bullshit, then you'll get your video reinstated and you're probably not going to get sued. It sucks that you have to deal with this, but the harsh truth is that you just have to deal with stuff like this as a business owner.




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