So here we are again for the one
trillionth time that channel has been
completely blackmailed and bullied by
somebody falsely claiming and striking
their videos on YouTube using DMCA
these guys right now are number 2 on Reddit
and their story is pretty horrifying
I'll let them tell you.
A few weeks ago our videos were being claimed by a channel
called ZM production, ZM production
said they're not doing it they're being
hacked by someone else, which I have no
idea. We have no idea what's going on and
we've contacted YouTube as well.
Youtube said that they're going to help us to
solve this issue within 10 to 14
business days.
Recently we also received an email from
ZM production. If you don't pay them
$1,000 they will claim our video again
and if they claim one more video our
channel will be terminated. So last night
they did claim another video which our
channels are now terminated.
So essentially what happened is some
completely random person impersonated
their website, filed a complaint with
YouTube, and YouTube actually removed it.
Not only once but three times. So you can
actually blackmail people now because
the system is so fucked up.
Now, sadly, I think a lot of people just don't
understand how the DMCA system works and
I've been wanting to make a kind of "PSA"
announcement for a long time because
every time something like this happens
people are always asking or looking to us or
FUPA for some guidance and I usually
just deal with them on a one-on-one basis
but I feel like it's- it's really when
you understand the system
it's very easy to handle and I feel like
this can help a lot of people if I just
make a video explaining how does the DMC
system work and how do you handle this
if it happens to you.
To start, there isn't a reason why YouTube is so willing
to let their youtubers get fucked in
this fashion is because as a platform
they almost need to be neutral
otherwise they're gonna be liable for
any lawsuits for copyright infringement.
So giving the corporation's power to
DMCA absolves YouTube of any legal
liability and frankly without it
YouTube wouldn't be
to exist. It's a necessary evil so at
the same time it's easy to be like fuck
YouTube and their shitty system but it's
actually really required because YouTube
can't get in the middle of it otherwise
they're liable so sometimes it gets
abused like this and the system is far
from perfect it has a lot of problems
and I think that YouTube needs to hire
more people to oversight all the
DMCAs they get. With that being said the
system itself is absolutely necessary
YouTube couldn't exist without it.
Once you've been served with a DMCA
notice otherwise known as a strike
your video is removed and you have two options.
You can either accept it take
the strike or you can file a counter
notification. Now one of the problems
here is that people always get way too
spooked to file the counter notification
because the language is so strongly
worded. Saying such things as I swear
under perjury that everything I'm saying
is true and I acknowledge that if I
abuse this form it will result in the
termination of my YouTube channel.
The language is very scary and even when we
received our first strike on YouTube I
think that we didn't even dispute it for
like six months even though it was
clearly fair use simply because the
language was so scary.
So I think my first point to anyone out there
who gets a strike is you know
don't be frightened. It's not as serious as
YouTube says again they're just
covering their ass. Now you'll be
prompted to explain why you're filling
out the counter notification and this is
the most important part of the process.
A lot of people when they get to this part
they'll type something like "This is my
video and it's not right because I'm
losing money." That's not what YouTube
wants to hear
Okay? It needs to be a legal explanation.
This is exactly what I would type and I
would recommend my friends to type when
disputing a strike.
This video is fair use under U.S.
copyright law because it's
transformative in nature uses no more
of the original than necessary and has no
negative effect on the market for the
original work.
Furthermore this video is protected
speech as outlined by the First
Amendment of the United States
Constitution. Almost want to fucking
wave an American flag after reading that shit.
And that's what Youtube wants to see
they want to see
that you know why you're disputing it
and that you are doing it on a legally
sound basis. That being said at this point
do not use this unless you are sure your
video is fair use or you own all the
property in it
otherwise you're abusing the system the
same way that these fuckers who are
blackmailing these guys are, okay? And you
can be held liable for that. So at this
point the only two outcomes is that the
video will be back in 10 to 14 days it's
going to be back up your strike rule
will be removed and the only other way
that a person can pursue you further to
remove the video at this point is to sue you.
After I've explained it seems like
the system is kind of worthless and
frankly it is. The only thing it's designed
to do is shift the burden of blame off
YouTube and on to you. YouTube is
essentially saying like, we'll bring
your video back up, but you need to accept
the consequence of it. The thing
about that is though that anyone can sue
you regardless
honestly even before this whole stage
takes place it's just shifting the
burden off YouTube as I've said,
YouTube cannot exist without the system
because they would just be continually
and non-stop sued by by every huge
corporation in the world
none of us would have a job, none of us
would be watching YouTube. So this is the
compromise that YouTube made between
themselves and the huge corporations to
actually make something like this
possible
this is the legislation that exists
that actually makes something possible where
people can just upload anything
they want and make money off it.
You understand there's so much at stake
there that this is the best solution and
and frankly, it's not a bad one
it just needs more oversight on the side
of YouTube to make sure that stuff like
this happens less. It really sucks for
these guys it's so frustrating I've been
there myself and we reached out to our
contacts at YouTube and Google to inform
them about this stuff and I'm sure that
these guys are going to get this resolved
in the next day or two
we're doing everything we can
to make sure it does but in the
future for everyone else that this happens
to, if you happen to be smaller and you
can't make it to the top of Reddit like
most people, you know, can't. Most people
this happens to are just are even
smaller than they are and they're just
completely helpless and feeling fucked
So I hope now you have some tools, some
peace of mind to be able to handle this
on your own and not freak out too much
because this is in place for us to
protect ourselves to be frank that's why
it exists so I hope you guys found that
at least a little interesting that's my
little DMCA public service announcement
that I've been wanting to do for a long time
and anyway guys thank you for
watching and we appreciate you. See you
guys next time.