Last month, we were a bit surprised by claims from an NBC Universal representative that filtering technology in use today could distinguish between fair use and infringement
when it came to content online. That was a surprise to us, because we've seen no such technology -- while seeing plenty of bogus takedowns. That's only increased in the last few weeks since Warner Music decided to demand more money
for any video on YouTube that included Warner Music Group music, leading to many videos being taken down. The response is not just pissing off
Warner's own musicians, but also many, many fans
whose videos almost certainly do not infringe or are covered by fair use rules. Warner's public response to all of this, by the way? "No comment."
The EFF is noticing this as well and is pointing out that it correctly warned that various automated filtering technologies wouldn't take fair use into account and would cause many more problems. Now, the EFF is clearly looking for a test case
, asking those whose videos have been taken down, despite clear fair use -- such as the teenaged girl who's video of herself singing "Winter Wonderland" was removed
-- to contact the EFF. I expect we'll see lawsuits filed in short order.