Glide Underground

Youtube/Google Gone Evil

Articles / Personal Stuff/Random News
Date: Mar 25, 2014 - 09:21 AM
Google owns Youtube... and it appears Youtube has decided that the law be damned, they're not going to honor DMCA counter-notices any more.
Last week I was contacted by a YouTube user named John (YouTube username: WernerVonWallenrod), who mainly posts reviews of old vinyl records. He uploaded a roughly 7 minute video reviewing an old Eric B. & Rakim record from the 1980s, 90% of which consists of him standing in his kitchen talking about the record. The video includes a couple clips of him playing short (<1 minute) segments of the record while filming the record player. Because the video uses only short, low-quality segments of a few songs on the record for purposes of critical commentary and review, the video almost certainly qualifies as a textbook example of fair use. Nevertheless, UMG had the video taken down with a DMCA notice. Believing his video to be fair use, John sent a properly filed DMCA counter-notice in response. A few days later, he received this email from YouTube (emphasis added):
Hi there, Thank you for your counter-notification. The complainant has reaffirmed the information in its DMCA notification. YouTube has a contractual obligation to this specific copyright owner that prevents us from reinstating videos in such circumstances. Therefore, we regretfully cannot honor this counter-notification. You may learn more about this here: http://support.google.com/youtube/bin/answer.py?hl=en&answer=3045545 We unfortunately are unable to assist further in this matter. You may wish to contact the complainant directly at youtube@umusic.com. Regards, Linda
The YouTube Team This message is extremely disturbing for multiple reasons. It appears that YouTube is saying it essentially has a contract with UMG to ignore DMCA counter-notices sent against its copyright claims, so that even if the copyright takedown has no legal basis, YouTube must nevertheless refuse to restore the video if UMG “reaffirms” the information in its DMCA notice.
Essentially - yes, they're saying "the law be damned, we contracted with these people to ignore the law and ignore your properly filed legal counterclaim." Google's officially gone evil.



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