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Rant Time: YouTube, Copyrights and Content ID

Posted in botch, business, Google, youtube by commorancy on May 16, 2017

Unless you’ve been living in a cave, you probably know what YouTube is. It is a video sharing platform that allows anyone to post video content onto the Internet. YouTube offers the likes of travel videos, personal vlogs, how to guides, DIY projects, music to all types of random content. However, Hollywood has forced Google to employ more and more heavy handed techniques to video uploads to (ahem) protect big Hollywood copyright content. This system is severely flawed. Let’s explore.

YouTube Channel ownership

While it’s fun to run around on YouTube looking for all kinds of weird content, let’s look at what it’s like to be a channel owner and all the fun we’re not having. While I do like writing blog articles, I also have a gaming channel on YouTube. So, I have personal experience with this issue. I like to play games on my consoles and upload recorded game content to YouTube for others to share in my fun.

As a channel owner, you really don’t get many tools other than a content uploader and metadata tools to tweak a video’s description, tags, monetization settings, language, etc. As a channel owner, YouTube offers no tools to the owner to validate that your content is, in fact, your content. Meaning, for example, you might have taken a video of a day at the beach with wave sounds in the background. Then, you’ve uploaded it. Or, you’re playing Grand Theft Auto and you record your session (minus any copyrighted audio to not trigger YouTube’s audio content detection system) and upload. Here’s where things start to fall apart.

YouTube Content ID and content ownership

Besides being a channel owner or a viewer, there is also a third lesser known management meta user. This interface is intended to be used by Hollywood and the music industry. It was designed for the likes of EMI, Sony and other large music and movie conglomerate content creators (mostly by legal threats to Google). This system allows those content creators to submit their content to YouTube into the Content ID system. What is Content ID?

Content ID is a way for YouTube’s automated system to match a channel owner’s content against a copyright owner’s uploaded reference content. Seems like a legitimate thing. I mean, it allows artist’s representatives to make sure their content isn’t being placed onto YouTube unauthorized. Where’s the problem then?

YouTube is the problem

Here’s the rant. The problem is that ANYONE can create a meta content management account and begin uploading any content they wish against YouTube’s content ID matching system. YouTube requires no verification by any alleged content creator. They create a content meta account, get approved (which is apparently relatively easy), upload random content and begin matching against videos on people’s channels. In fact, I’ve even seen content management accounts grab original videos from other people’s channels, download them from YouTube, upload them into the content ID matching system and claim ownership over material that they stole from the original owner. Yes, you can even upload content you downloaded from another YouTube channel and claim ownership of that content in your channel… though, that’s called copyright infringement.

YouTube has taken its somewhat usable platform and turned it into a joke. YouTube is a disaster if you actually expect YouTube to help you protect your own original copyrighted content. Yes, it does allow someone to download a video you own, upload it and then claim ownership of it.

Let’s keep going. What happens when content ID matches a video uploaded through the meta content management account against a channel? YouTube does several things:

  1. It flags the video on the first channel owner as copyrighted content matched against another channel. Basically, the system tells one channel that another channel has claimed ownership over that content even if the claim is false (we’ll come back to false claims).
  2. It allows the alleged ownership claimant to monetize the video (even if they do not own the content).
  3. It allows the first channel owner to dispute the copyright claim, remove the video or leave it up (depending on how the content ID matcher is used).
  4. If the content owner claims exclusive content claims on the content, the content on the first channel can be taken down or deleted.

Disputes

Here’s where the entire system falls apart. While YouTube can match content fairly rapidly, filing a dispute can take days, weeks or sometimes months to resolve. All the while the content is in dispute, YouTube allows the claimant access to monetization over the content in question. Here’s the bigger rub (as if monetizing content you don’t own isn’t big enough).

False claimants are never at all verified by Google. YouTube’s content ID matching system assumes fair play by those approved to use it. That is, people who create meta content accounts are on their honor to upload content that they actually own. In fact, this isn’t happening. While legitimate usage of this system is happening by big content providers, many lesser channels have learned to game the system to claim ownership over content they don’t rightfully own and don’t have the rights to monetize. This is especially true for channels outside the US (i.e. Russia and Vietnam) where copyright rules don’t apply in the same way as in the US. This ridiculous YouTube help article which discusses setting up a meta content account states:

“Content ID acceptance is based on an evaluation of each applicant’s actual need for the tools. Applicants must be able to provide evidence of the copyrighted content for which they control exclusive rights.”

Yeah riiiiiight. Content evidence of what exactly? Copyrights, especially on YouTube are nebulous at best. What are you expected to show, the camera it was created on? How does that prove anything? There’s no way to know that any particular video was produced on any particular camera. YouTube doesn’t show camera EXIF information in the video’s metadata.

Copyright Basics

US Copyright law states that as soon as a work is created, you are automatically the owner of it and possess all worldwide copyright ownership to this work in perpetuity. This is considered an implicit copyright. You don’t have to do anything other than create the work to own it. This assumes some basics like, it must produced entirely by you on your own equipment and on your own time. However, some countries, like China, don’t recognize implicit copyrights at all. Instead, to protect your copyrights in the countries that don’t recognize implicit copyrights, you are required to fill out forms, possibly pay a fee and likely submit your work as evidence. Only then will your work be explicitly acknowledged by the government to exist and that you own that work.

For example, when you’re using your own personal phone to take video of you playing games at an arcade, this work is now considered fully owned by you under US Copyright Law. The moment the video (and audio) is created, it’s yours. On the other hand, if you are hired as an employee of a production company, and that company owns the equipment and they have hired a camera crew to follow you around watching you play games, you won’t own that video content because the production company paid to create it. Of course, there are pesky things like contracts that can explicitly authorize or deny ownership of copyrights to any party involved in a production. So, if your content is created under a contract, you should read your ownership rights carefully. Just because you were involved in a production, doesn’t necessarily mean you have any copyrights to that material.

Evidence of Copyright Ownership?

In this day and age of immediate gratification, YouTube content owners rely on implicit copyright ownership protections to allow their channels to exist. That is, as soon as the content is created and edited (implicit copyright ownership), it’s uploaded to YouTube.

In the case of copyrights, how can anyone sufficiently provide ‘evidence’  over any content? What kind of evidence does YouTube expect to see? The camera it was shot on? The recording studio that it was recorded at? A bill of sale? Seriously, how can you possibly provide ‘evidence’ of ownership for copyrights?

The only way to provide even the smallest amount of evidence is to submit your work to the U.S. Copyright Office for registry. Let’s understand why this is not exactly feasible for most YouTube content. At the moment of this article…

  • It costs $35 to register a single work (one poem, one video, one work of art).
  • It costs $55 to submit multiple works together (a collection of poems, videos or songs).
  • Who knows how long it will take the copyright office to actually register them so that you have ‘proof’.

Sure, while you could do this to, ahem, protect your works, it’s expensive and what exactly does it do for you? The Government won’t stand up on your behalf. The copyright office is merely a registry, not a legal team. They won’t help you protect your content, that’s your responsibility to find a lawyer. It’s also not like Google will get involved in copyright disputes either. For the prices listed above, that would cost $35 for every single video you upload to YouTube and that only registers your work in the US, not necessarily in other countries. It doesn’t give you any specific legal protections other than someone can go look it up, like Google. You may be required to register your content in many different countries to protect your rights in those locales. You’re also responsible for hiring a lawyer to protect your content (regardless of whether it’s registered).

Google and Copyright Disputes

Google outright states they do not get involved in copyright disputes. Yet, by providing a content ID system, content matching and marking videos in YouTube as being claimed by another channel, this absolutely, most definitely is the very definition of getting involved.

If you don’t get involved in copyright disputes, you don’t create controls to help manage disputes. Meaning, it’s entirely disingenuous to create a copyright dispute system and then when someone disputes a claim (that your system sent us notification) state that you don’t get involved. You can’t claim that. You already ARE involved by providing the notification system.

Worse, once you begin the dispute process, Google’s YouTube team doesn’t care. They don’t actually attempt to review the content, the owners or anything related to the dispute at all. They just let the two parties fight it out even if the content isn’t owned by either of them.

Content ID System is Half-Assed Designed + False Claims

Google’s YouTube team got this content system just far enough to make Hollywood and the music industry happy because they can kill content on channels matching their own content catalog. Yet, Google never brought it far enough to actually prevent scammers from abusing it. Instead, Google lets random scammer channel owners run roughshod all over YouTube’s other channels without any consequences. I’ve seen scammer channels claim false copyrights over multiple legitimate channels (even my own) using content that they clearly do not hold copyrights over and yet those channels STILL exist on YouTube. Google does nothing about this. Why was this channel not closed? Clearly, these scammer channels have willfully violated copyright laws using YouTube’s woefully under designed crap of a content detection system to facilitate these false claim(s).

Claiming false copyright ownership over content is, in fact, copyright infringement and very much against copyright law. However, because most of these scammers are outside of the US, Google won’t do anything… not even close the scammer’s channel. Though, sometimes Google will close the legitimate channel and leave the scammer operating. That false claimant had to copy and upload that content to YouTube’s matching system which, in itself, is a violation of copyright laws. This means that Google’s content ID system facilitates false copyright claims and makes Google an accessory to copyright infringement. Google allowed the copyright infringement to take place and allowed the fraudulent claimant’s channel(s) to profit off of that infringement. This is a legal situation just waiting to happen.

Google, fix your shit. YouTube is quickly becoming an unusable mess of a video sharing platform and is now just one big lawsuit waiting to happen against Google. A lawsuit against Google for not only being an accessory to copyright infringement, but providing a service that actually enables copyright infringement in a system that’s supposed to prevent it. Ironic. Such a lawsuit, if won, might ultimately be the end of YouTube.

If you’re an IP lawyer reading this and you would to have a discussion about this situation, please leave me a note on the Randosity About Page.

School bullying takes on new life on Internet

Posted in Health, peer pressure by commorancy on October 4, 2010

School bullying and peer pressure is something that each of us has to endure at some point in our lives. When attending grade school, we quickly learn about bullies and peer pressure. This life lesson happens very quickly. Perhaps even as early as kindergarten when another kid pushes you down because you wouldn’t give them the purple crayon. Whatever the reason, it starts early and only gets more and more problematic over the years.

By Middle and High School, these bullying tactics go from wanting your crayon to making the student feel like an outsider. Peer pressure comes in many forms, though. From the person who taunts merely to give the bully pleasure over someone else’s pain to the bully who uses others to get their schoolwork done or get money.  The pressure might even force you into trying drugs or smoking.  Whatever the reason, it is very hard and emotionally painful on the student being pressured.

Internet bullying

With the advent of Facebook, MySpace, YouTube and Twitter, it’s now easier than ever for students to broadcast themselves on the Internet for all to see. The danger, of course, is that by participating in such public web sites, each person can easily make themselves into a local celebrity unintentionally. Worse, your ‘friends’ are also on these sites and subscribe and comment on your personal statuses and posts.

Unfortunately, these very public outlets are both used and abused by student bullies. So, hanging the laundry out for everyone to see invites other people around you to comment. Not all comments are nice. Some even take the form of using bullying tactics to make the other person feel unwanted.

Teen Suicides

In the last few weeks, there has been 5 to 6 publicized teen suicides that are apparently directly attributed to Internet bullying. That said, these seem to have begun with local school bullies using the Internet to harass and humiliate these students. Students still in the teen years don’t yet have enough life experience to understand that the bullying isn’t the end-all-be-all of their existence. There is more to life than school and classmates. In fact, once you get past school, it’s likely you’ll never see most of those people ever again.

College, unfortunately, does present itself with peer pressure as well, but not always the same as high school. It can present in the form of Greek hazings, school clubs and other forms of social interaction situations. As a student in College, I had chosen not to become involved in any of these organizations because I wanted to concentrate my efforts on my studies.

Unfortunately, there are still other situations that can become an issue. The dorms. Many Colleges and Universities require you to live in the dorms for at least one or two years (depending on school policy). When you are forced to live in the dorms, you may also be forced to room with someone.

College Life, Dorms and Roommates

Unfortunately, when you’re forced to room with someone, you have to take the good with the bad. In my college dorm life, I’ve had several different roommates. One would go out drinking the entire night and come back smelling up the entire room of sickening alcohol breath. He would do this nearly every night. I was literally getting sick from the smell, I had to leave the room to get fresh air. I asked for a new roommate as I couldn’t sleep with that going on. The next roommate was a severe asthmatic who required breathing treatments every night using a loud machine.  The treatments lasted anywhere between 30 minutes to 1 hour.  I didn’t mind that he needed the treatments, I minded when he chose to do the treatments. He preferred to do this after 10PM and sometimes after midnight. That lasted about a semester.  I moved into a dorm without a roommate.  Unfortunately, even that situation wasn’t perfect as I had a suite-mate (we shared the bathroom).  In this situation, he was incessantly complaining about the bathroom.  After this, I moved into an apartment with another roommate and then later without one.

As a side note, if you sign a lease with a roommate (for whatever reason), be very careful.  If the roommate leaves and stops paying the rent, you are liable for the entire rent for the rest of the lease and all the utilities in your name.  So, be careful that you trust your roommate fully.  Also, sign small leases (6 months or less) and ask for an easy out should a roommate stop paying.  With cell phones, it’s easy to keep phone service separate now.  However, utilities like cable TV, internet service, water, gas and electricity can bite you.

Another side of this, with roommates, I would regularly find my stuff missing. Supplies and other items would inexplicably walk off. This would include pens, paper, books, CDs and personal items. I never knew exactly who was responsible, but I knew my roommate had let someone into the room. This is also part of college life. So, don’t bring valuables into a room with a roommate unless you really don’t treasure your belongings. Also, roommates do finger through everything you own, so be ready for this.  Finally, don’t allow your roommate to borrow or lend out your items to others.  You will never get them back.

Anyway, this basically means, you have no privacy in a dorm and roommate situation. This is also where bullying can start.

Social Clubs and Parties

In college, participating in the Greek system may seem to make you fit in, but it opens you up to social problems. Not only does it open you up to more peer pressure, it opens you up to hazing, Greek parties, binge drinking and other college party games. Greek parties are some of the strongest alcohol pressure zones you will ever find in college life. They can also become some of the most outlandish parties.

As a young person just having been turned loose in College, it’s easy to lose sight of what’s important and why you are there. After all, this is the first real taste of freedom most kids have in the world. Unfortunately, that freedom is just an illusion. No, you aren’t policed by the university to make classes. So, it is left up to you to get your butt out of bed and make it to class on time. It is also left up to you to get your school work completed. If you don’t do this, you can’t make the grade and you may be kicked out.  So, focus on the schoolwork and push everything else aside.

Schools choose to ignore bullying and peer pressure

Unfortunately, both high school and colleges are no better peer pressure situations. In fact, most schools look the other way and pretend it doesn’t exist. Bullying happens primarily because there’s something different that someone doesn’t like. Whether that’s because of the color of their skin, their religion, the classes being taken, their sexual orientation, the clothes they wear, the car they drive, the friends they have, the beliefs they hold, the music they like or whatever, it all begins with intolerance and hate.

This intolerance is usually passed along to their kids by parents. Kids learn what’s in their environment and expand on that as they grow. If parents have predjudice, these get passed onto their kids. The kids foster this all throughout school and lives which turns the kid either into a bully or the one being bullied.

Unfortunately, no matter the cause of bullying, intolerance and hate, schools ignore it. They don’t want to know it exists and they, instead, solely focus on the school as a money-making venture. In other words, schools really don’t take an interest in their student body’s health and welfare beyond simple measures (i.e. a school doctor). Schools ignore the bullying, hate and intolerance usually because those being bullied don’t say anything to anyone. Of course, when they do say something, the school may not do anything anyway. Schools tend to prefer status-quo over getting involved. Getting involved can also expose the school to legal issues and they prefer just to stay ignorant for their own legal betterment and financial gain. Also, if the school kicks out any student, that means they’ve lost the revenue from that student. So, there is a negative financial incentive to stepping into bullying situations and remove such students.  Unless the student clearly violate school policies definitively, they really don’t want to do anything.

The bullying persists

Because schools choose not to get involved, bullying persists and nothing gets done. This also leads students into taking matters into their own hands. In the suicide cases, these students felt their only recourse was suicide. Suicide is the flip side of the school massacres. Those prone to suicide are the people who tend to internalize their depression and take their own lives instead of being aggressive and taking the lives of others and then themselves. However, bullying can lead to either outcome depending on the type of person involved. Unfortunately, the other more violent outcome could just have easily have happened.

Whether suicide or a massacre, these issues usually stem from the same source: bullying, hatred and intolerance. With sites like Twitter, Facebook, MySpace and YouTube, students can now be more cruel and bullying than ever. Now these bullies can not only bully in person, but they can now find all of that person’s friend’s pages and leave hurtful, cruel and damaging comments on the Internet for everyone to see.  Or, in some of the cases, cruel videos of the students in private situations.

In the case of Tyler Clementi, he was apparently not openly gay. Yet, his roommate apparently choose to live stream video of a sexual relation on the Internet and Tweet about it. A camera that he had apparently been hidden before the relations started.

Lucky

Tyler’s roommate is lucky to be alive. If Tyler had been the personality type to explode, it’s possible that dorm or school could have ended up a massacre zone with many students and teachers dead or wounded. Instead, Tyler chose to end his own life by jumping from a bridge alone. Neither outcome is proper or necessary. But, Tyler thought so.

The reality is that schools need to wake up to peer pressure. It’s real and it is not going away. Students need a safe haven where they can go and openly discuss peer pressure situations where they will be taken seriously and investigated free from school penalties and consequences.  Diffusing peer pressure situations is actually important for schools to discuss because the outcome is quite clear should a bullied student take action.

Right now, there is no such place. Students would have to see their own independent psychological counselor to discuss these situations, but these counselors are powerless to do anything to resolve the situation. If schools want to stop the suicides and massacres, they need to set up a safe haven that has the power to stop peer pressure, bullying and other such stupid student tactics dead in its tracks. It’s really the only way. Unfortunately, such a program will cost real money to set up and universities won’t do this because they will lose some of their precious profits to manage such a program.  Public schools can’t do this with the severe funding shortages they are now incurring.  It’s a program whose time has come, but unfortunately, it’s going to take legislation to force schools into compliance.

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