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this post was submitted on 31 May 2024
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Technology
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Not really. They have to do something, or they become liable. If youtube decides that something is fair use, and a court disagrees, then they are on the hook for damages. They'd have to pay a lot of money to copyright lawyers, only for the chance of having to pay damages.
And, you know.., The same libertarians, who are now attacking youtube for not going full feudal, would be absolutely outraged if they did fight for fair use. It's stealing property, as far as they are concerned.
I'm not even sure what you're arguing for since you seemed to have done a complete 180 on your stance. You earlier said you don't want YouTube adjudicating the law (by choosing sides in a copyright claim), but now you're arguing that they have to do this in order to avoid liability.
The issue here is copyright trolls claiming copyright over things that don't belong to them. In many cases, YouTube sides with these trolls and steals revenue from the actual content creators simply by virtue of them having made a claim in the first place, which seems to lend a lot of legitimacy to the trolls even if it's complete fraud (similar to police testimony in court being treated like gospel). Currently, these cases are reviewed by bots, and people here are asking for them to be reviewed by actual people with real brains instead because the system is completely broken as there are no consequences for these trolls making false claims.
EG Young people may not buy alcohol. When a cashier asks for ID, they are not adjudicating the law but following it. Right?
When you personally copy something, you must follow the law. EG When you re-upload some image for use on Lemmy, you must "judge" if you can legally do so. Maybe it's fair use, but that's not as straight as age. When you make the call, that does not mean that you adjudicate the law.
Under US law, someone can send a DMCA notice to the server. If the server owner ignores the take-down request, then they become liable to pay damages for the copyright infringement. Maybe the owner decided that it was a case of fair use, but that does not mean they adjudicate the law.
I hope that helped.
That is criminal fraud. A copyright troll usually means someone on the legal side.
That is wrong. But thank you for helping me understand the problems of the people here.