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Old 04-25-2009, 08:52 AM   #1
SmokeyTheBear
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:stoned Counter dmca notification youtube

Thank you for your cooperation, it appears the dmca notification was fraudulant, your account has been re-instated.

Youtube dmca.


--------------------------------

This is the message ( not word for word ) i got from youtube.

Backstory.

My youtube account got banned because i recieved dmca complaints from aaliyah's record label.

Actually i had several accounts banned from the same record labels dmca's.

The first time i just made a new account. I filed a counter notification but neither time did it work, so this last time i wrote them a letter and they reinstated my account.

What i found kind of funny was the whole process is obviously flawed. The company making the complaints had ZERO actual complaint , there was no substance, i.e. nothing in the video that could even be partially misconstrued as infringement. Real dmca counter notifications did nothing, it ended up being a carefully laid out email that did the trick. Well isn't that exactly how it worked before dmca ? They obviously used their judgement to see if the video was infringing and thus reinstated the videos and account without waiting the grace period as described in the dmca notification/counter notification process.

Anyways if you have ever had your youtube account pulled from false dmca or invalid reasons, screw the "process" just use the old "explain yourself" approach
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Old 04-25-2009, 09:02 AM   #2
AaronM
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I'm curious as to what was in your videos that prompted the DMCA claim in the first place.
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Old 04-25-2009, 10:53 AM   #3
TisMe
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Filing a fraudulent DMCA notice opens up treble damages if a complaint is brought against the filer.
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Old 04-25-2009, 03:51 PM   #4
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Quote:
Originally Posted by TisMe View Post
Filing a fraudulent DMCA notice opens up treble damages if a complaint is brought against the filer.
not yet, that an argument made under the current case (Sherman anti-trust violation of the monopoly)
that has not been established
you can counter sue for damages though.
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Old 04-25-2009, 04:01 PM   #5
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Quote:
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I'm curious as to what was in your videos that prompted the DMCA claim in the first place.
nothing at all , i scoured my brain just trying to figure out how they could have possibly found it in the first place, the video was about pamela anderson ( the last one they filed against )

What i think was , i did have a video with aaliyah( the record labels star client ) in the title but no content that was from or really about her, i think they found that video in a search and prob just filed against every video on the search list assuming it was copyright, then the next day they filed a half dozen videos that had nothing to do with her to get the account banned so i couldnt counter file. On youtube if a video is removed due to copyright they dont ban your account, but if you get a bunch together or something it must auto-ban you because anyone reviewng the account would have seen there were no issues with copyright.

The company is known for its attempts to blackball people. timberland has a lawsuit against them
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Old 04-25-2009, 04:04 PM   #6
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Quote:
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Filing a fraudulent DMCA notice opens up treble damages if a complaint is brought against the filer.
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Old 04-25-2009, 04:10 PM   #7
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Old 04-25-2009, 07:38 PM   #8
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You'd be surprised how many BS DMCA requests I get on a daily basis from people claiming I'm infringing on their content. They just have administrative clerks file out batches of DMCA's by the hundreds that they don't even look if its their content. I have yet to find a legit DMCA take down notice yet, almost all of them are BS and my hosts have always agreed with my side in disputes.
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Old 04-26-2009, 12:49 AM   #9
blogsy
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I'm surprised you managed to open up a communication channel with youtube. Any time I try and contact them seems my emails dissapear into a void of some sort.
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Old 04-26-2009, 10:39 AM   #10
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I'm surprised you managed to open up a communication channel with youtube. Any time I try and contact them seems my emails dissapear into a void of some sort.
Same here - what email address did you send to Smokey?
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Old 04-26-2009, 09:40 PM   #11
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Congrats. I'm surprised anyone at Youtube even gave you an answer.

They've pulled millions of videos in the last few weeks on there, they must have been feeling a lot of heat recently.
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Old 04-26-2009, 09:45 PM   #12
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i've had some and i think they came from some keyword triggered bots.
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