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


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    Bergman (profile), 1 Sep 2011 @ 6:29am

    Re: Re:

    Unfortunately, while such bots would have to be written by net-savvy programmers, the payloads of what they go after would in all probability be written by someone from the legal department, who has no clue what the internet is beyond a vaguely confusing set of tubes.

    I recall a cease & desist/takedown notice some years back, that amounted a series screen captures of an FTP site's directory tree. The takedown notice included the entire site (only one directory out of hundreds was actually even arguably infringing) and listed every single file in the FTP site, regardless of actual owner or content, including things like .message files.

    It looks like a decent idea at first read, but you assume competence in application, and that has never actually happened in the past, nor is it likely to in the future as long as the people in charge of targeting such a thing are completely ignorant of what the system does.

Add Your Comment

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



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown for basic formatting. (HTML is not supported.)
  • Remember name/email/url (set a cookie)

Follow Techdirt
Techdirt Gear
Shop Now: Techdirt Logo Gear
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.