The Jimquisition: The YouTube Fair Use Protection Program

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It’s a rather special edition of The Jimquisition today, as I get to be part of the unveiling of YouTube’s Copyright Protection Program. It’s a new plan that will see YouTube stepping up its game and financially backing content creators who find their videos unfairly targeted by spurious copyright takedowns.

As a long-term target of said takedowns, it’s particularly pleasing to be part of the rollout, and to reveal how one underhanded developer, Moo Tech, tried and failed to censor me.

It just got a little harder to be a cowardly, censoring timewaster.

Jill Sandwich
Guest
Jill Sandwich

In a style very VERY similar to Jim Sterling vs Digital Homicide, a 2 week long debacle has finally ended between IHE vs Cool Cat, wher ethe troll falsely claiming unfair copyright violation has been put in his place, & his illegal actions to protect his IP have been exposed to the public after dragging it in the mud. https://www.youtube.com/watch?v=jzXSQ5f08sA

thegreatpumpkinking
Guest
thegreatpumpkinking

that last jab at the end, that was the final blow, the knockout punch to DH, it was amazing. now DH you have our permission to crawl back into the shity darkness of shittyness

that you came from and die.

But remember we will be watching if you were ever to come back, JIm will drop the hammer, Hell yheaaaaa!!!!!

Suio
Guest
Suio

Some of the best news I’ve heard regarding content creators on YouTube for years, game specific or otherwise. Great episode, Jim. Hope this makes it easier for you to deal with abhorrent little shitsneezers trying to abuse copyright “laws” to take down your videos.

supercrotchinator
Guest
supercrotchinator

Fuck yeah, Jim. Sweet, sweet vindication. Drink it in…you’ve earned it.

Thanatos2k
Guest
Thanatos2k

Youtube needs to do one thing to fix itself. It needs to shift the burden of proof on copyright claims to the claimant, not the video poster. What happened to Jim’s video here should be the default behavior for ALL attempted takedowns.

disqus_PRhr17tCN4
Guest
disqus_PRhr17tCN4
What about if companies/devs start doing this? Put up disclaimers, rules,regulation and whatever thing they could do to tell people: 1. We [insert company name/devs team name] do not allow any of our works to be used in reviewing, let’s play, ….etc. 2. We will not give any permission either written nor expressed in any way, not even though sign language or any other language for anyone including reviewers, news, or even Let’s players to use even 1 second of our videos or sound and will any screenshots will not be tolerated. 3. Anyone found to be showing even any… Read more »
McGuinty
Guest
McGuinty

The thing about fair use is, it’s the law. Companies can put whatever they want in a contract or agreement, but if it’s found to contravene the law, it may as well be printed on toilet paper.

John Ross
Guest
John Ross

Agreed, and do you know how many games I’ve bought from watching my youtube channels? Mainly Sips, I’ve bought 5+ games just from watching him lol

disqus_PRhr17tCN4
Guest
disqus_PRhr17tCN4

Isn’t a contract or agreement binding as stated in a law? Or something?

Gareth
Guest
Gareth

Except a contract or agreement involves at least two parties. The person creating it and the person signing it. If a company does as suggested in your first post there would only be one party involved.

McGuinty
Guest
McGuinty

As I understand it, in the U.S. there is more responsibility on consumers/employees to be cognizant of the terms they’re signing to, but in the EU and Australia there are specific legal protections against unfair contract terms. You can argue in court that specific clauses are imbalanced in favor of the other party and those parts can be be ruled not legally binding.

Johnggernaut
Guest
Johnggernaut

Thoroughly enjoyed this video.

Jill Sandwich
Guest
Jill Sandwich

I hope this can help IHE. He’s having very similar problems with you vs Digital Homicide right now.

Peter Korman
Guest
Peter Korman

Yeah, Daddy Derek really screwed up.

Dr.Sun
Guest

Three Jimquisitions and Podquisitions within a week? You’re spoiling us Jim.

Milestone_RP
Guest
Milestone_RP
Something about this whole thing smells. Google is Google, and Google might not be the worst, but they’re up there. (“Don’t be evil!”) If they’re doing this now…well, why wait until now? Why in this fashion? Why were they staunch supporters of DMCA and Obama’s so-called “Net Neutrality”? Why are they asking for high profile “examples” of their benevolence? There’s a bunch of outstanding questions that’ll probably never be answered. Just call me cautious. And pessimistic. Again, it’s Google, and if time has taught us anything, they never tend to do anything just because it’d be the right thing to… Read more »
eBusiness
Guest
eBusiness

Something is seriously wrong here, Youtube “protects” your video by making it permanently unavailable to 95% of the world’s population. It is all the more bizzare because it is US laws that makes the issue in the first place, your video has been in no legal quarrel anywhere else.

Max Whiteley
Guest
Max Whiteley

Well done. You have to enjoy every victory.
It’s about time you tube looked after its content creaters, without them it’s nothing.

I’m sure even the big publishers wouldn’t dare lock horns with Google so they can’t even hide there criticism’s now.

Kevin Wilson
Guest
Kevin Wilson

“1 MILLION DOLLARS!” …….. Doctor Evil, pinky to mouth

Manen
Guest
Manen

Well this needs to be a thing now.

Jim doing it, that is.

mickeyGfunk
Guest
mickeyGfunk

word.

Hound
Guest
Hound

So would this also directly affect the high end claims such as Konami claiming a video twice for monetization & dumping ads on a video if it included chunks of footage from a trailer or cut scene along with criticism for it?

BAH!
Guest
BAH!

That’s a different issue entirely, I think. Though it would be nice if the horrific Content ID system were addressed next.

Gareth
Guest
Gareth

It is Jim mentions it in the video that this is seperate from ContentID

Jiryn
Guest
Jiryn

Quite interesting and informative.
What about things like Let’s Plays, and the entire load of BS that is Nintendo’s Affiliate program?
I am curious as to how these needed changes will affect those things.

Gorantharon
Guest
Gorantharon

Fair use only protects critical content. Let’s plays are purely performative and not protected at all.

If you want to use someone else’s work in your product you have to pay for it or get permission to use it for free.

Jiryn
Guest
Jiryn

Thank you, that’s actually rather informative.
As for Nintendo, they were going after anyone who used their content, Supposedly even people doing reviews and commentary on their IPs.

Gorantharon
Guest
Gorantharon

The problem there was that Youtube allowed them to do it and thus even the content creators of legitimate fair use content would have to sue.

Initiating such a law suit is very expensive and thus most don’t bother.

The problem with fair use is that it’s only a result of the interpretation of the law, namely freedom of speech and press, so every case has to be judged individually and the guidelines are much more blurry.