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All Of Justin Bieber's Music Removed From YouTube Via 'Prank' DMCA Claims

from the not-so-funny dept

As a bunch of folks have been sending in a "prankster" was able to remove all of Justin Bieber's videos from YouTube by filing a bunch of bogus DMCA notices. While a lot of people find this amusing for one reason or another, it really highlights a key problem with the DMCA's notice-and-takedown process, which is a "censor now, deal with the consequences later" system. As has been pointed out in the past, it seems like this process is a violation of the First Amendment, in that it involves the shutting down of speech prior to any sort of due process or adversarial hearing. I'm still amazed that the DMCA doesn't allow for at least a notice-and-notice process, giving the uploader/host a chance to respond before the content is removed. In a case such as this, it would have prevented the removal. As for the "prankster," he might want to be careful. Filing totally false DMCA claims can open you up to serious legal penalties, and assuming that Bieber makes a fair bit of money from his videos on YouTube, his representatives probably have decent reason to go after the prankster. And that might not be a bad thing. In the process, perhaps they could establish greater precedence for the ability to punish those who file bogus DMCA takedowns.

Filed Under: copyright, dmca, first amendment, justin bieber, youtube

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  1. identicon
    mojo, 31 Aug 2011 @ 5:25pm

    Unfortunately, it's ONLY because we have a giant-corporation friendly DMCA system in place that sites like YouTube and Vimeo are even allowed to exist. Part of the agreement everyone came too is that there would be a quick and easy way for content to be taken down at the request of the copyright holder.

    But it does seem like a huge over sight to have never built in any parameters in which you have to prove infraction or, at the very least, the alleged infractor should be given an opportunity to respond BEFORE the content is taken down.

    I think as it stands, the video is automatically put back up as long as the person served with the takedown notice responds with a counter-notice.

    In any case, it is a system that assumes guilt and is very open to abuse. You can get anyone's video taken down by claiming DMCA and it's probably easy enough to send in the notice with a fake ID and email - at least so that you won't be easy to track down unless they REALLY want to go after you, and with the number of takedown notices issued every day i'm sure very few of the fraudelent claims are followed up.

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