Everything The Same Is Infringing: How Hugh Hefner Used Mario Bros. To Show YouTube's Copyright System Sucks
from the mario-pron? dept
There's an old saying that those that lie down with dogs will get back up with fleas. One modern derivative of that maxim might be: if you bend over backwards for copyright censors you will become censors yourself. No better example of this can be found than YouTube's ContentID system, the automated platform that scours YouTube videos looking for uploads of identical audio or video content and proactively takes them down in favor of the original content owner. That's how it works in theory, that is. In practice, ContentID appears to be most useful in taking down fair use content, trolling legitimate creators, and even silencing political speech, supposedly the most revered thing in this great Republic of ours. It's typical in these cases for the automation to be blamed, but that's a mistake. The real blame lies with Google for implementing such a flawed system, with the entertainment industry and trolls for abusing it, and with all of us for simply accepting it. Everyone, in other words, is to blame.
I came to that conclusion recently, when Hugh Hefner used Mario Bros. to show me how silly all of this is. The whole thing started when a Kotaku writer uploaded a video of some Mario Maker levels that play themselves.
Two days ago, I uploaded a video to YouTube. It featured some awesome automatic Mario Maker levels that basically play themselves. Today, I was dinged with a copyright notice for that same video. The claimant was none other than...Playboy? I’m serious. I didn’t get flagged by Nintendo. Rather, I got flagged by Hugh Hefner’s operation.What gave was that Playboy had uploaded a video that contained one of the same levels in the other video. Because these levels play by themselves, rather than being played by a human, the videos have the exact same content. So, faster than a Mario Brother running with the 'B' button mashed down, ContentID flagged Kotaku's video as infringing and sent out a notice. Other users likewise had videos of that Mario Maker level flagged in favor of Playboy, which I am very much certain doesn't own any of the IP surrounding Nintendo's center-piece franchise. Most, like the Kotaku writer, submitted disputes which were resolved quickly. Playboy, for its part, has been active in getting all of the claims dismissed...
Playboy, obviously, does not own Mario. It did not create Mario Maker. It did not build the level on display in my video. And yet my video was still flagged. What gives?
...which is entirely besides the goddamn point. ContentID was dinging uploaders for copyright violations in an automated fashion, with no checks, on content owned by an unrelated party. That doesn't make any sense. And, in some cases, there can be actual harm done.
When you get flagged, the claimant has a whole 30 days to review your dispute, during which your video typically stays up while also making money for the claimant. Sometimes, the claimant will even be able to block the video from being viewed entirely. Even if the dispute gets dismissed, it might mean waiting days if not an entire month for the motion to actually get through. In the meantime, any YouTuber who supports themselves with ads and just wanted to show off the level to their subscribers, or perhaps added some good commentary to the footage, will lose revenue (as well as gain an unnecessary headache.)Personally, I'd love to see "An unnecessary headache" as the epitaph on ContentID's gravestone.