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Copyright Policy Should Be Based On Facts, Not Rhetoric


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I was reminded when reading the article of the problems and stand WordPress has taken because of the way DMCA is abused to restrict freedom of speech and generates large numbers of false claims that damage the bloggosphere's ability to function as it should.

http://www.digital-digest.com/news-64359-Introduce-Statutory-Damages-for-DMCA-Abuse-Says-WordPress.html

The IP watchdog's article presents an unsurprising perspective considering their raison detre, but it is far from impartial in its analysis.

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I agree with Aethelwine, DMCA has been used more as weapon than as a shield.  I've had to fight two DMCA complaints on You Tube over Fair Use, which took the complainer 5 minutes to write and in one case 0.01 secs to write and forget about with no loss to themselves and took me 3 months to rectify.  In the first case although I had no financial gain I was accused of stealing revenue from them.  What transpired was that a bot used by the complainer actually searched for their material [made by owner of said bot] on You Tube and when finding similar material reported it to You Tube as IP theft.  It literally cost them nothing to send out this trawl bot and DMCA thousands of people, not just me.  My crime?  I cited a lyric from a record in reference to a scene in a game clip I recorded in the video description.  Their music wasn't in the clip or referenced any further, but the bot generated a report to You Tube and they took  my video down within 2 hrs and then all the onus was on me to prove I was innocent.  

Within 3 days I gave YT all the proof  they required and they put my video back up only for it then to be reported again by the same bot and taken down again by You Tube and I was given a second strike warning by You Tube.  Those in the know will know that a 3rd strike means that your whole channel will be taken down and killed.   So trying to avoid this I wanted to make actual voice and written contact with You Tube so that if I counter claimed again and the video went up again the bot wouldn't kill my account.  After 3 months I got a written assurance that if my video went up again then reports from that bot or that user reporting against me wouldn't kill my account.  To this day, even with that reassurance from You Tube, I haven't put that video up again in its original format or accompanying text for fear that the bot has tagged it in some other way.  DMCA is not working as intended!

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