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posted by CoolHand on Sunday August 23 2015, @08:47AM   Printer-friendly
from the make-em-play-fair dept.

Accused public records terrorist, Carl Malamud recently suffered a "copyright strike" by WGBH of Boston for a public domain, government produced video he had posted to Youtube. Youtube's policy is that if a user gets a copyright strike, his account is crippled and if he gets more than a handful, his account is disabled.

Malamud thinks that what's good for the goose should be good for the gander and that any account filing erroneous copyright strikes, aka copyright fouls, should have reciprocal consequences. Since these copyright strikes are Youtube policy, not legal requirements, Youtube would be completely within their rights to implement a system of copyright fouls too.

Rogue archivist Carl Malamud writes, "I got mugged by a bunch of Boston hooligans. Readers of Boing Boing may be familiar with my FedFlix project which has resulted in 6,000 government videos getting posted to YouTube and the Internet Archive."

One of the films the government sent me to post is Energy - The American Experience, a 1976 film created by the Department of Energy (YouTube, the Internet Archive).

Well, somebody at WGBH saw the words "American Experience" in the title and went through the laborous process of issuing a formal Copyright Strike on YouTube. This is no casual process, they had to swear on a stack of affidavits that this really, really is their video. As a result, my account got a strike, I had to endure the humiliation that is "copyright school," and my account has many features disabled.


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  • (Score: 2) by Whoever on Sunday August 23 2015, @04:46PM

    by Whoever (4524) on Sunday August 23 2015, @04:46PM (#226682) Journal

    The problem is that the DMCA, which YouTube is REQUIRED to follow, does not grant them the right to dismiss claims by people who continuously file bogus claims.

    Perhaps they could. From the DMCA:

    ...and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    How can a bot make a statement under penalty of perjury? Surely only humans can do this. Perhaps DMCA notices are not valid unless a human has been involved?

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  • (Score: 0) by Anonymous Coward on Sunday August 23 2015, @06:03PM

    by Anonymous Coward on Sunday August 23 2015, @06:03PM (#226693)

    I wonder if the dude really wanted to be an ass he could take the company that issued the notice to small claims?

    It cost him time money and reputation...