this post was submitted on 25 Jul 2024
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Oh yeah, it’s not like DMCA is abused by scammers to falsely claim profits from others’ videos. If it’s illegal, that means nobody will do it! /s
I mean, this is what TikTok does, and creators have found that it introduces a whole new list of problems. Mainly due to the fact that fake automated re-uploader accounts are rampant, and there’s virtually no recourse for the creators. DMCA claiming stuff on TT gets the videos removed. But the bots that run the accounts just reupload everything in 5 minutes and carry on like it never happened. Popular streamers and content creators have dozens or hundreds of fake accounts that do nothing but steal their content and reupload it.
And TT won’t take action on individual accounts without a hilarious amount of overwhelming evidence. And even if they delete the account, there’s nothing stopping the content thief from just spinning up a new account.
There’s also the whole “court documents can be faked” thing. Since DMCA is a dispute between individual content owners, (YT is a third party, not the content owner,) they’d need to devise an entire department for dealing with DMCA lawsuit settlements. Because when you make a DMCA takedown claim, that’s you vs the other person. If they dispute it, it happens in court. But there would be nothing stopping the scammers from just faking the “we won the lawsuit” court documents. So now YT needs an entire department dedicated to tracking individual court cases, (which they aren’t even involved in, because they’re not the content owners,) and verifying the results of said cases. And they get tens of thousands of DMCA takedowns per day. Even if only 1% of those go to court, it’s still an obscene number of cases to track and verify.
A lot of the DMCA scammers on YouTube will make their claims from India (even if they don’t live in India) because it causes any potential disputes to get muddied in international laws and makes tracking the individual down nearly impossible in the first place.