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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: 0) by Anonymous Coward on Sunday August 23 2015, @05:21PM

    by Anonymous Coward on Sunday August 23 2015, @05:21PM (#226687)

    No, but currently youtube's current "policy" is that if you're a big name company then they'll believe you. If you aren't, then you get mostly ignored. Particularly when submitting counter-claims, which youtube is also suppose to honor. They could set it up so that if people are submitting false claims repeeatly, then they get flagged such that people submitting counter-claims are automatically accepted (which they should be anyway, because once you counter-claim you're basically telling them that the people complaining are wrong and the next step in the process is for the claimers to take you to court if they truly believe they are correct.

    At which point the fuckers might actually look at what they're claiming is theirs because they'll get laughed out of court otherwise.

  • (Score: 2) by captain normal on Sunday August 23 2015, @09:08PM

    by captain normal (2205) on Sunday August 23 2015, @09:08PM (#226728)

    I wouldn't exactly call WGBH a big company as it is a NPR station. They do produce a show called "American Experience". Beyond that all the arguments against the use of bots and term hunter companies are valid and WGBH should have to at the least not only remove the takedown but also broadcast a public apology. If they are like the Public broadcast stations around here (left coast) they should have enough volunteers to actually check any hits the bots return.

    --
    Everyone is entitled to his own opinion, but not to his own facts"- --Daniel Patrick Moynihan--