YouTube Overturned Konami's Copyright Claim Against Critical Video

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fix-the-spade

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Feb 25, 2008
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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.
They should, but the DMCA is older than Youtube, which is part of the problem.

In 1998 Youtube wasn't around, video streaming wasn't in wide use and even Napster hadn't started up. The DMCA covers issues that the US legislators hadn't even conceived of yet, so naturally they got it all wrong and mostly did what the MPAA and RIAA told them to.
 

Smooth Operator

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Oct 5, 2010
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Holy fucking crap.
So not only do we now have a precedent where Youtube actually checked the first claim in the history of DMCA, but there also appear to have some humans working there still. Since all we ever get from them are automated responses I figured their copyright bot net took over long ago and gassed the remaining filthy humans, yet it seems some have survived in there.
 

Pyramid Head

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Jun 19, 2011
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HOLD ON! HOLD ON!

I think we missed the real story.

YouTube investigated a copyright claim on their own and restored the content after looking at the case?!

Stay inside people because i think the sky may begin falling any moment. Google did something right.
 

Reyold

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Jun 18, 2012
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XenoScifi said:
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 :)
Seems like everybody wants to join EA's ranks. There was Microsoft for a while (and may still be, IDK), Ubisoft, and now Konami.
 

Uhuru N'Uru

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To those posting YouTube are not to blame and it's just the DMCA at fault.

Bad law or not, the DMCA takedown requirement only applies to valid and legitimate claims.

YouTube accepts all takedown claims not just the valid and legitimate ones.
No innocent until proven guilty system applies at all. After two weeks all the bogus claims lapse and whatever revenue would have been made is lost forever.
With many topical issues, the debate has moved on and only the content maker suffers.

The bogus takedowns are intended to remove the content for those two weeks, they do exactly what the abusers want.

YouTube can easily stop this abuse with no more effort than used to allow it.

Firat simply freeze the payment on the video until it's resolved, this system already exists and is an option used by some legitimate DMCA claims where the claimant takes the money instead of removing the video.
So no automatic takedown needs to happen at all.

The winner of the dispute decides what happens, only once the claim is resolved. Not before.

Removing the entire purpose of abusing the system, stops the abuse.

This is why YouTube is to blaim, they allow the abuse of their system.
The DMCA doesn't apply to false claims. YouTubes rules do.
 

Scarim Coral

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Oct 29, 2010
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Wow, Youtube actually does something good for once? I hoped they can carrying on doing that.

Now that I watched the actual video, it was interesting and it seen another company will meet their downfall soon.
 

loa

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Jan 28, 2012
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What the hell is konami doing lately?
Makes me wanna not buy anything with konami on it, ever again.
Maybe they want to make a social experiment, how to flush all consumer goodwill down the toilet in the quickest possible way.
 

Redlin5_v1legacy

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Aug 5, 2009
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Hmmm, I wonder if this attempt to squash discussion on the internet at large about their buffoonery will lead to more discussion about their failures... What's that? People who hadn't even heard about Konami's antics are now condemning Konami and videos talking about it are getting a lot more traffic because of this? What??



Konami better get busy and DMCA strike all videos remotely mentioning them. Even if they're tagged in a video, that could be enough to start a discussion about the company in a negative light and that's just not permissible.
 

StorkV

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Sep 6, 2014
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You know I usually ignored brands and companies when I bought games unless it was a company I really liked like Blizzard..
But nowadays you have to check and see what and which company is pro consumer, which does the major screw ups, put it on a put in on a balance and decide to buy their games or not.... damn last year in gaming really changed everything!
 

CaitSeith

Formely Gone Gonzo
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And that is a censorship attempt. By abusing of copyright laws (which were created by the government) they tried to shut up a negative opinion. Glad to see they failed.
 

Jake Martinez

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Apr 2, 2010
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They never had a leg to stand on with this complaint as the video clip in question absolutely falls under the "Fair Use" clause. The fact that a large corporation is so incompetent as to not know this is almost mind boggling, the fact that they went ahead and did this even though they knew it would get press and that their customers would react poorly is criminally stupid.
 

EndlessSporadic

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May 20, 2009
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A well written news article on The Escapist? Youtube actually doing something right? What is the world coming to.
 

Lightknight

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Nov 26, 2008
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Wow, kudos on Youtube. This has easily been my biggest gripe with them and if they make this a habit it'll go a long way to restore lost faith in them.
 

Reyold

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loa said:
What the hell is konami doing lately?
Makes me wanna not buy anything with konami on it, ever again.
Maybe they want to make a social experiment, how to flush all consumer goodwill down the toilet in the quickest possible way.
It may have something to do with their move from console gaming to mobiles, and their focus on their other venues of revenue. I'm not sure what advantage burning bridges would have here, but then again, Konami hasn't been acting too intelligent lately.
 

fieryshadowcard

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Youtube actually doing their job is unheard of. I can tell you what REALLY happened:

Someone high up was really looking forward to Silent Hills.

Edit: Also, keep up the good work Mr. Zimmerman. This wasn't just a good read, but should be the standard all other articles on the Escapist are held to, at the LEAST.
 

WhiteTigerShiro

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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..
Nah. Konami isn't insane, they're just stupid. Really, really, really, really, stupid.
 

Mr.Mattress

Level 2 Lumberjack
Jul 17, 2009
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Wow, the Youtube Police do something right for once.

Kudos to Youtube. Shame on you Konami.
 

shrekfan246

Not actually a Japanese pop star
May 26, 2011
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EndlessSporadic said:
A well written news article on The Escapist? Youtube actually doing something right? What is the world coming to.
To be fair, it is Conrad Zimmerman. We mere mortals still cannot comprehend the power bestowed upon him by the greatness of his mustache.

[sub][sub]I miss the podcast antics with Jonathan.[/sub][/sub]
 

RicoADF

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Jun 2, 2009
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Halyah said:
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.
Only Konami could fail so badly on something no-bodies have had more success with!

Uhuru N said:
To those posting YouTube are not to blame and it's just the DMCA at fault.

Bad law or not, the DMCA takedown requirement only applies to valid and legitimate claims.

YouTube accepts all takedown claims not just the valid and legitimate ones.
No innocent until proven guilty system applies at all. After two weeks all the bogus claims lapse and whatever revenue would have been made is lost forever.
With many topical issues, the debate has moved on and only the content maker suffers.

The bogus takedowns are intended to remove the content for those two weeks, they do exactly what the abusers want.

YouTube can easily stop this abuse with no more effort than used to allow it.

Firat simply freeze the payment on the video until it's resolved, this system already exists and is an option used by some legitimate DMCA claims where the claimant takes the money instead of removing the video.
So no automatic takedown needs to happen at all.

The winner of the dispute decides what happens, only once the claim is resolved. Not before.

Removing the entire purpose of abusing the system, stops the abuse.

This is why YouTube is to blaim, they allow the abuse of their system.
The DMCA doesn't apply to false claims. YouTubes rules do.
The auto takedown system was created because US Hollywood and Music companies were going to sue Google into the ground if they didn't take preventative measures, this was the only system that they agreed to. Blame the fucked up US legal system for this shit, not Youtube whom is as much a victim as everyone else.
 

Denamic

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Aug 19, 2009
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What the hell is Konami even doing? It's like the entire company is having some sort of meltdown.

And Youtube actually reviewing copyright claims? What is even going on?!