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I think he's pointing out the problem that if they start penalizing false DMCA claims, people will find non-DMCA ways to take things down.

Given that publishers have managed to get Google's ContentID system to misidentify public domain songs, bird songs, and other such things as their exclusive property, bad faith or otherwise negligent copyright claims are a real problem.

Ref: http://www.geekosystem.com/rumblefish-birdsong-takedown/



I agree with you, but the problem the parent poster is pointing out, is that YouTube is a private site. Google should be able to do what they want. If they do something stupid (and I agree the copyright bot is stupid), then it's their own problem. In theory, a competitor could do a better job at not repeating goggle's mistakes, and beat them in the market.

It's worth mentioning that copyright bots are not even required by law. Google could be complying to dmca requests without automatic take downs. They're going beyond what the law requires because they want to be in Hollywood's good side. So a competitor could still be legal without the bots.


BTW, there probably are some viable claims someone could make against a person convincing third parties to remove their work from the internet, particularly if they could show financial harm. However, recordings of natural bird song and the like are unlikely to get protected via expensive lawsuits because the upside of that is incredibly limited.

I suppose we might see litigation whenever DMCA notices start getting used for election-related hijinks, though.


"Google is a private company" is not a set of magic words.

See my other comment for a simple scenario that shows why: http://news.ycombinator.com/item?id=4497393




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