Uploaded September 2008 | Updated September 2026, 3 weeks ago
The DMCA is being used as a tool for censorship and a tool for illegally getting the name and address of other Youtube users. Youtubes actions, heavily influenced by the mandates of the DMCA, jeopardizes the safety of the Youtube community. The least that Youtube could do is alert its users of the potential danger of unwittingly revealing their location to an enemy when filing a counternotice. Youtube should also inform users that they have a legal obligation to inform users that they must consider Fair Use before filing a DMCA complaint.
(NOTE: I AM NOT A LAWYER, SO THIS SHOULD NOT BE READ AS LEGAL ADVICE.)
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Youtubes March 31, 2008 Blog entry saying: We often describe our You Choose '08 platform as "the world's largest town hall" for political discussion.
youtube.com/blog?entry=IRNhAzKFz_M
I discuss bogus DMCAs issued under the name of the Zizzle Corporation and Viacom in more detail in this video:
youtube.com/watch?v=YypzdeL47h4
Youtubes DMCA notification procedure:
youtube.com/t/dmca_policy
Note that there is not one word on this page about Fair Use or about a users legal obligation to consider Fair Use issues before filing a DMCA. Youtube should state that users have a legal obligation to consider Fair Use issues before sending a DMCA complaint. In fact, Youtube should post a link to the recent decision in Lenz v. Universal Music Corporation in which the Judge says exactly that.
eff.org/files/filenode/lenz_v_universal/lenzorder082008.pdf
in order for a copyright owner to proceed under the DMCA with a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the laws, the owner must evaluate whether the material makes fair use of the copyright. 17.U.S.C. § 512(c)(3)(A)(v). An allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine is sufficient to state a misrepresentation claim pursuant to Section 512(f) of the DMCA.
The DMCA is being used as a tool for censorship and a tool for illegally getting the name and address of other Youtube users. Youtubes actions, heavily influenced by the mandates of the DMCA, jeopardizes the safety of the Youtube community. The least that Youtube could do is alert its users of the potential danger of unwittingly revealing their location to an enemy when filing a counternotice. Youtube should also inform users that they have a legal obligation to inform users that they must consider Fair Use before filing a DMCA complaint.
(NOTE: I AM NOT A LAWYER, SO THIS SHOULD NOT BE READ AS LEGAL ADVICE.)
----------------------------------------------------------------------------------------------
Youtubes March 31, 2008 Blog entry saying: We often describe our You Choose '08 platform as "the world's largest town hall" for political discussion.
youtube.com/blog?entry=IRNhAzKFz_M
I discuss bogus DMCAs issued under the name of the Zizzle Corporation and Viacom in more detail in this video:
youtube.com/watch?v=YypzdeL47h4
Youtubes DMCA notification procedure:
youtube.com/t/dmca_policy
Note that there is not one word on this page about Fair Use or about a users legal obligation to consider Fair Use issues before filing a DMCA. Youtube should state that users have a legal obligation to consider Fair Use issues before sending a DMCA complaint. In fact, Youtube should post a link to the recent decision in Lenz v. Universal Music Corporation in which the Judge says exactly that.
eff.org/files/filenode/lenz_v_universal/lenzorder082008.pdf
in order for a copyright owner to proceed under the DMCA with a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the laws, the owner must evaluate whether the material makes fair use of the copyright. 17.U.S.C. § 512(c)(3)(A)(v). An allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine is sufficient to state a misrepresentation claim pursuant to Section 512(f) of the DMCA.
