What A Shock: Scammers Are Abusing YouTube's Notice And Takedown System With DMCA Claims

from the duh dept

There has been something of an explosion of copyright claims on streaming services as of late. Frankly, the impetus for these claims is all over the place. You have your ever-expanding cadre of copyright maximilists going ballistic. There are the political actors, looking to copyright claims to try to take down content from those on the opposite side of the aisle. There are the automatic bots that crawl for content and get it wrong many times. And then there are the scammers.

There are lots of ways to abuse copyright to scam folks out of money, or their accounts and content. But one recent method appears to be crawling for YouTube videos that incorporate tiny sections of video game music and then attempting to take over monetization of those videos.

Twitch streamer and content creator Ludwig Ahgren was hit with a copyright claim on one of his newer videos, but with a little bit of research, it became clear that it was a scam. The claim in question came on his video that was supposed to go up today where he talked with fellow streamer Devin Nash. The copyrighted material was listed at the end of the video. After pulling it up, however, the only sound playing was Zelda’s Lullaby from The Legend of Zelda Ocarina of Time.

If the claim came from Nintendo, it would have held some actual credibility. But video game music is frequently used in videos because companies tend to avoid copyright striking those to avoid taking down gameplay by accident.

But it wasn’t from Nintendo or any other company. Instead, it was from someone named Hezkej Benes from a video called “Happy Doge.” And after a quick search, Ludwig found the video in question, which had less than 200 views, and was simply a collection of the beginning of popular songs and meme sound effects.

So, how it works is that the scammer loads up a video of snippets of copyrighted video game music and the like, since game makers don’t typically issue takedowns for that sort of thing, and then makes copyright claims on other content using those same snippets. From there, assuming there is no pushback from the maker of the other video, the scammer gets to slurp up whatever revenue those videos generate.

This is effective as a scam due to the notice and takedown system in place with YouTube. Without the opportunity for review, either by the impacted streamer or by a human at YouTube, scammers can fire off these notices at will and rely on a small percentage of pushback being received. Whatever the intent behind this system, it’s clear at this point that there are multiple avenues for abuse. That makes it high time that we revisit all of this and see if there is a better way.

Filed Under: , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “What A Shock: Scammers Are Abusing YouTube's Notice And Takedown System With DMCA Claims”

Subscribe: RSS Leave a comment
This comment has been deemed insightful by the community.
Stephen T. Stone (profile) says:

Reminders for those who want to say “YouTube should just ignore the requests, then!”: YouTube’s takedown system is largely automated, and even if it weren’t, YouTube would likely still honor fraudulent takedown requests to avoid the legal consequences of ignoring a legit request. YouTube’s system is a branch of the poisonous tree; the trunk of that tree is the DMCA takedown system, and the root is copyright in general.

This comment has been deemed insightful by the community.
PaulT (profile) says:

Re: Re:

"YouTube would likely still honor fraudulent takedown requests to avoid the legal consequences of ignoring a legit request."

…and, as TOG mentions below, the other real problem is that the ones making the fraudulent claims won’t face legal consequences. If YouTube correctly identifies a fraud, it would most likely be YouTube who faces action for ignoring the request, not the fraudster facing consequences for lying.

This comment has been deemed insightful by the community.
Scary Devil Monastery (profile) says:

Re: Re: Re:

"…the other real problem is that the ones making the fraudulent claims won’t face legal consequences."

Unless "bad faith" can be proven – which in reality means trying to prove a negative.

What copyright does is that it puts a censorship tool in private hands and induces a chilling effect of fear and uncertainty – because even after you have a legal team vet your offer you still can’t be sure you’re covered when a thousand copyright troll show up and force you to waste hours and days worth of lawyer bills to defend yourself.

The DMCA exacerbates the issue by orders of magnitude by in effect reversing the actual burden of proof.

It’s the perfect shit-show example of how to fundamentally screw the spirit of justice and fairness which ought to be the foundation of law.

This comment has been deemed insightful by the community.
Anonymous Coward says:

Until there is a penalty for false copyright claims, this will only get worse. I would love to see a system where platforms would be obliged to immediately release all information they have (including financial) on the claimant to the affected poster and then automatic liability for false claims at maybe three levels:

1) Full refund of misappropriated funds plus all reasonable legal expenses in the case of accidental false claims.

2) Double refund of misappropriated funds plus all reasonable legal expenses in the case of negligent false claims.

3) A minimum of tripple refund of misappropriated funds plus all reasonable legal expenses in the case of deliberate false claims.

Of course, that is just a pipe-dream and the large media companies who pay the lawmakers to enact the laws are rarely harmed by false claims. The little people who bear the brunt of the harm get no say.

Maybe it’s time to crowd-fund a superpac to balance against the maximalists?

Anonymous Coward says:

Re: Re:

There are penalties for false claims. Read f of Section 512 of the DMCA:

(f) Misrepresentations.—Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.


This comment has been deemed insightful by the community.
That One Guy (profile) says:

No penalties for abuse equals a whole lot of abuse

That makes it high time that we revisit all of this and see if there is a better way.

Penalties for fraudulent/negligent claims would go a lot way to addressing abuse of the law, because as it stands right now there is basically no risk to issuing claims and the only people who face penalties are the platforms if they ignore them, or the targets who face having their content removed on accusation and ruinous fines should it go poorly in court for them, whereas if the accuser loses in court they lose the case, nothing more.

Equal out the law so that both sides face penalties for abuse and a lot of instances like this would vanish overnight as it’s no longer a risk-free source of money.

Anonymous Coward says:

This has been a thing for years now...

Just look at the sheer number who go around uploading huge archives of public domain, creative commons, or even copyrighted works to contentid, just to cash in on a bunch of pieces, even if in a handful of those only temporarily before the owner of something slaps back at them when they find their own content hit with a strike.

Anonymous Coward says:

This has been happening since day 1 if the introduction of the DMCA! It was said then what would happen and it has been proven to be the case hourly, almost, ever since! It has also proven ehat profiteering and gutless fuckers we have in Congress, always making sure that yhey themselves benefit from any and every law passed and that certain industries and their bosses are also well catered for at the same time! When a law is implemented with no consequence for breaking it intentionally, knowing that breaking it is to the complete advantage of the breaker, what’s to stop them doing so? It’s time for Congress to stand up and revise the DMCA so that it does as it was intended to do all along!

Bartonayw (user link) says:

shy asian brides

a striking Legacy

BlogsCelebrating LifeComforting WordsSincere CondolencesTools for Tough TimesWidow the heck, All BlogsA friend in <a href=https://www.bestbrides.net/what-to-expect-when-marrying-a-filipina/>dating a filipina girl what to expect</a> her early 30s was deeply impacted by the recent death of former Israeli President Shimon Peres. She was unfamiliar with Peres until she read his obituary and learned his life story. She shared that she was unaware that Peres had tried to broker peace in the centre East. She discovered that when it did not happen, He spent all of his life calling for a two state solution even when Israelis no longer supported the idea. She was so touched that Palestinian President Mahmoud Abbas attended his funeral and shook the hand of Israel’s prime minister, Benjamin Netanyahu.I asked my friend this kind of meant to her. She replied, "Shimon Peres made enormous advantages in his lifetime and left an indelible legacy. I’ll never have the opportunity to broker a peace deal, But I would like in my own way to make a difference. I chooses to leave a legacy, much too,Peres was one of Israel’s most distinguished and longest serving politicians, The first to serve as both pm and president of the state of Israel. Presidential Medal of mobility in 2012, So he was aware of the magnitude of his contributions. Yet I wonder if he knew that his achievements would empower young people to take a look at their own lives and evaluate how they also could credit card debt and, In doing, Strive to make modern society a better place. which, a bit too, Is quite an accomplishment.Any death is a reminder that we will all die. The end of life, The very finality of it’s really a strong influencer, So it’s appropriate that once, We may begin to question our own life and ask, "What do it is good to do with the time we have left,insurance policy coverage world needs deeply committed leaders like Shimon Peres, We don’t have to take on that kind of responsibility to make a contribution. Each of us in our way and each of our time can leave a legacy. We only need to choose how we will focus our energy to make the world a better place. She has writtenHow to Say It When you don’t know What to Say, A guide to help readers communicate safely and effectively when those they care about experience loss, available as e books for "sickness Death, "suicide, "losing the unborn baby, "Death of a baby, "Death of a Stillborn or baby, "Pet harm, "Caregiver requirements, "breakup" and additionally "Job control, All something are inAmazon’s Kindle Store.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...