YouTube Overturned Konami's Copyright Claim Against Critical Video

Conrad Zimmerman

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YouTube Overturned Konami's Copyright Claim Against Critical Video

Takedown request rejected for lacking required information.

YouTube intervened in the case of a copyright claim issued on behalf of Konami against a video by Super Bunnyhop. "Kojima vs. Konami: An Investigation," which provided an overview of recent changes at the company and internal rumors from an anonymous source, was removed from YouTube on May 11, prompting some to accuse Konami of abusing the system to stifle criticism. Within 11 hours, the video had been reinstated by YouTube on the basis that the claim was missing required information.

Details on the story come by way of a follow-up video released today, in which Super Bunnyhop's George Weidman gives an account of events following the claim and its current state.

Under the Digital Millennium Copyright Act, YouTube is required to comply with requests to remove content which infringes on a copyright. Copyright holders must provide a description of the content being used without permission and assert that the use of that content infringes on their copyright. Once a claim is issued, the creator of the claimed video can attempt to contact the copyright holder and ask that they revoke the claim or dispute it with YouTube in a process which can take as long as ten business days, during which the video remains unavailable.

According to Weidman, while he did contact Konami about the claim, he was unable to get them to agree to revoke it. Instead, he received an e-mail from YouTube's legal support team notifying him that YouTube itself had lifted the claim, pending more specific information from Konami to justify removal of the video.

What we do know of Konami's claim is that it was issued on the basis that the Super Bunnyhop video used content from Metal Gear Rising. Footage of Rising appears for about 27 seconds of the nearly 9 minute video, with its accompanying audio at a barely audible level, at a point in which Weidman is speaking about the game and its status as a spin-off of the Metal Gear Solid franchise.

As gaming-related content has continued to grow in popularity on YouTube, so has the number of claims of game publishers taking advantage of the system to remove videos that criticize them or their products in ways they disapprove of. If nothing else, this incident demonstrates that YouTube isn't completely turning a blind eye to the problem.

Source: YouTube [https://www.youtube.com/watch?v=0nwPPYkd8gs]

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Erttheking

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Wow. Konami is so incompetent that it can't even abuse the youtube copyright system properly. That's pretty bad.
 

snekadid

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erttheking said:
Wow. Konami is so incompetent that it can't even abuse the youtube copyright system properly. That's pretty bad.
Seriously, Russian pornstars can get videos that have 0 copyrighted material(atleast from the russians) in them taken down, but Konami at least had a very tiny, wobbly arthritis stricken leg to stand on.

That's not bad, that's pathetic.
 

FirstNameLastName

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It seems like every new thing I learn about Konami makes me hate them more. I really don't care if that footage technically allows them to do this, we all know it was done to stifle criticism and nothing else.
 

MonsterCrit

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erttheking said:
Wow. Konami is so incompetent that it can't even abuse the youtube copyright system properly. That's pretty bad.
I'm starting to think Kojima may have actually been the SAne Guy at Konami..
 

Erttheking

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MonsterCrit said:
erttheking said:
Wow. Konami is so incompetent that it can't even abuse the youtube copyright system properly. That's pretty bad.
I'm starting to think Kojima may have actually been the SAne Guy at Konami..
Say what you will about him, he actually made the company money.
 

The Rogue Wolf

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I probably would've advised Super Bunnyhop not to put any claim-worthy material in the video, just to be on the safe side. I mean, this whole debacle was a lot of things, but "a surprise" isn't amongst them.
MonsterCrit said:
erttheking said:
Wow. Konami is so incompetent that it can't even abuse the youtube copyright system properly. That's pretty bad.
I'm starting to think Kojima may have actually been the SAne Guy at Konami..
...that's almost too frightening to contemplate.
 

XenoScifi

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I am sure EA and Ubisoft execs are high fiving each other somewhere knowing they almost certainly cannot get worst company of the year award this year. Oh no, that award is already gobbled up by Konami...and they may take next years as well just for all this. Just saying :)
 

Neverhoodian

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Youtube taking proactive steps against bullshit copyright strikes?



One can only hope this is the start of trend.

In any case, I'm glad things turned out well for Super Bunnyhop. I'm a longtime subscriber to the channel, and I'm consistently impressed by Mr. Weidman's thoroughness, thoughtfulness and professionalism.
 

CrystalShadow

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FirstNameLastName said:
It seems like every new thing I learn about Konami makes me hate them more. I really don't care if that footage technically allows them to do this, we all know it was done to stifle criticism and nothing else.
Yeah, except it doesn't. A video like this practically screams 'fair use' anyway. It covers EXACTLY the kind of ground fair use provisions are meant to protect.
One of these being when you make something critical of the creator of a work that they probably wouldn't like you saying about them, and thus would probably refuse you permission to use their stuff...
Except being allowed to critisise something freely and effectively is considered valuable enough in it's own right to have legal protection...
 

Karadalis

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Sheesh... how bad do you have to fuck up that Youtube takes initiative to remove a DMCA?

Konami.. you don goofed up!
 

Saltyk

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erttheking said:
Wow. Konami is so incompetent that it can't even abuse the youtube copyright system properly. That's pretty bad.
They're apparently opting to focus on mobile games from now on. No, seriously. They stated as much.

On the bright side, Konami has certainly given Youtubers plenty of stuff to talk about. I know of a few who have commented on Konami's idiocy in several videos. Think I'll check out this video later, too.
 

Bob_McMillan

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Conrad Zimmerman said:
Under the Digital Millennium Copyright Act, YouTube is required to comply with requests to remove content which infringes on a copyright.
Huh, I didn't know this. From the sound of that, YouTubers should be angry with whoever made the DMCA rather than YouTube.
 

BeerTent

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Bob_McMillan said:
Conrad Zimmerman said:
Under the Digital Millennium Copyright Act, YouTube is required to comply with requests to remove content which infringes on a copyright.
Huh, I didn't know this. From the sound of that, YouTubers should be angry with whoever made the DMCA rather than YouTube.
But the problem is that it can be abused super duper easy. As stated by Bunnyhop (He sounds pretty smart. I might have someone worth watching there.) Youtube never steps in to defend those who are hit by fraudulent strikes. If you'll believe it, I had a brief moment where I put up Xcom videos (They're bad, don't look!) and I was hit by a DMCA takedown by some, Asian magazine. The video was still taken down, I wasn't able to monetize anything on my account, and I had to go through the process, which turned out to be two weeks.

I'm a nobody, but my treatment is exactly the same that someone famous like Biscuit, or Sterling would get. The content that was allegedly copyright in my case was a quarter second clip of the Councillor from the game.

So, people are angry at those who makes the DMCA claims, but they're also rightfully pissed at youtube, because, remember... People like Sterling, Biscuit, and Bunnyhop all make money from this system. Attacking their channel is attacking their income, and attacking someone's source of income is attacking their needs. Don't you think youtube should be getting a human being to review these takedown notices before issuing a strike?

Hopefully, this is all moot. Youtube actually stood up for someone this time. Youtube. Someone overrode the automation. This is actually really big.
 

Strazdas

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Youtube does the bare minimum to protect its ass. nothing new here.

Copyright holders must provide a description of the content being used without permission and assert that the use of that content infringes on their copyright.
Please note the wording. description and assertion, no proof, no evidence, just a made up claim.

Once a claim is issued, the creator of the claimed video can attempt to contact the copyright holder and ask that they revoke the claim or dispute it with YouTube in a process which can take as long as ten business days, during which the video remains unavailable.
Not acceptable ever. The video should only become unavailable AFTER the dispute is over.



The Rogue Wolf said:
I probably would've advised Super Bunnyhop not to put any claim-worthy material in the video, just to be on the safe side. I mean, this whole debacle was a lot of things, but "a surprise" isn't amongst them.
How many people saw his video now that wouldnt unless it was posted all over the news of being taken down? its a success.

Neverhoodian said:
Youtube taking proactive steps against bullshit copyright strikes?
No they are not. They are doing a reactive action to save their ass legally. If they took proactive action againts bullshit strikes they wouldnt have designed a system where bullshit claims is unquestionable king.



Bob_McMillan said:
Huh, I didn't know this. From the sound of that, YouTubers should be angry with whoever made the DMCA rather than YouTube.
No, youtubers and everyone else should be angry with the idiots that allowed such a riduculous law to pass to begin with.
 

Hairless Mammoth

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As he also said in his video up there, I really do hope this sets a precedent against this kind of abuse. It's kinda stupid when you can't even give indirect critical analysis of something on Youtube without these kinds of unethical take downs.
Bob_McMillan said:
Conrad Zimmerman said:
Under the Digital Millennium Copyright Act, YouTube is required to comply with requests to remove content which infringes on a copyright.
Huh, I didn't know this. From the sound of that, YouTubers should be angry with whoever made the DMCA rather than YouTube.
I'm sure the entirety of the internet (that didn't lobby for it) is absolutely pissed off at that draconian law. They were able to stop/slow down the DMCA's super powered little brother, SOPA, but it's hard to get a bunch of old coots (who's personal ventures would better profit off of the law remaining) in Washington to repeal a law that's been in the books for over a decade and a half.
BeerTent said:
So, people are angry at those who makes the DMCA claims, but they're also rightfully pissed at youtube, because, remember... People like Sterling, Biscuit, and Bunnyhop all make money from this system. Attacking their channel is attacking their income, and attacking someone's source of income is attacking their needs. Don't you think youtube should be getting a human being to review these takedown notices before issuing a strike?

Hopefully, this is all moot. Youtube actually stood up for someone this time. Youtube. Someone overrode the automation. This is actually really big.
If Youtube would make it so it isn't worth the time to file a false claim, they probably could afford to turn more attention to the few manual claims that do come in. Hopefully, their next step is to not automatically take down videos that don't have obvious infringements, like Super Bunnyhop's, without it being reviewed by an actual person first.

Then, they can get to work on fixing the broken automatic Content ID system, that sometimes lets licensees of material claim videos by the legal rights holder of said material.
 

Conrad Zimmerman

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So not only is Konami trying to prevent people from pointing out that they're a bunch of fuck ups(good luck with that Konami seeing as you just ensured it'll live on), but they're incredibly pathetic at it too. With a system thats so broken that anyone and their mom can abuse with zero repercussions, it is a company with its own legal department that fails...

Also someone at youtube overriding the automated claim? Given their general attitude towards this, it makes me wonder if someone was dosing themselves up on cocaine that day. Or the world is about to end and no one told me. Not sure which is the most likely.
 

Weresquirrel

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Maybe whoever normally checks through Youtube's DMCA system was really hyped for Silent Hills and wanted some payback for Konami cancelling it...

Honestly, what I'd like is something along the lines of a counter-DMCA strike. So, if you file a false claim, you get a strike. After 3 false claims, you lose the ability to file any claims for a period. Might make companies think about what they're doing for a change.
 

Dreiko_v1legacy

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So Konami is even less capable than those poor people who dared to take Jim Sterling's videos down for a day or two. They're THAT incompetent.


Good riddance and good fucking luck lol.
 

Abomination

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Dreiko said:
So Konami is even less capable than those poor people who dared to take Jim Sterling's videos down for a day or two. They're THAT incompetent.


Good riddance and good fucking luck lol.
I bet Jim's laughing his fucking ass off... and that would require a lot of laughing because there's a lot of ass to laugh off.

He did just post a video 2 or so weeks ago about Konami being a bunch of failures.