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Content ID and Fair Use

Thursday, April 22, 2010
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108 comments :

  1. mulling it overApril 22, 2010 at 11:10 AM

    The attack on fair use you guys have enacted with Content ID and the Downfall parodies has inspired me. I'm deleting my YouTube account, and I'll be using AdBlock whenever I use the site to be sure YouTube isn't getting any money from me.

    It's a shame YouTube is jumping in bed with the media cartels. Kind of ironic that YouTube has such a huge censorship system in place considering the stand that Google took with China.

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  2. Super Cute Kitty HunterApril 22, 2010 at 11:40 AM

    The problem with the dispute form is that to many people, it is absolutely terrifying. It warns of the legal ramifications and costs should the original content owner decide to litigate to challenge your fair use. The average user will turn-tail and run thinking that no parody could be worth the possibility of incurring legal fees.

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  3. PatrickApril 22, 2010 at 12:16 PM

    Finally, something that youtube did good.

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  4. PsychoGraphic MediaApril 22, 2010 at 12:32 PM

    I love this line:

    "Content ID has helped create an entirely new economic model for rights holders."

    The problem is...they aren't rights holders when it comes to FAIR USE.

    You have given media companies absolute control over user-submitted content, WITHOUT forcing them to comply with the DMCA.

    You have built ContentID in such a way that media companies only have to use take-down requests when they want a video completely removed. However, you have given them the ability to monitor and monetize the traffic to videos that contain even the most trivial amount of their content.

    You have single-handedly crippled the creativity of an entire generation with your greed.

    You pontificate about censorship in China, yet you quietly censor fair-use creative works from millions of YouTube users around the World.

    China doesn't want you? Hell...the United States doesn't want you!

    YOU are the totalitarian regime. It is YOU who is oppressing the masses and trampling their fundamental human rights.

    YouTube is dead.

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  5. chrisApril 22, 2010 at 1:01 PM

    parody is fair use.and it wouldn't be that hard to put a check box at upload that asks "is this video a parody".


    going around deleting videos without checking for prof of infringement,is no better than blocking them in china

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  6. mightylions1April 22, 2010 at 1:30 PM

    Is the "Hitler Downfall" parodies considered fair use?

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  7. FranApril 22, 2010 at 1:30 PM

    Bad guys! You seem not to love freedom.

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  8. El EditorApril 22, 2010 at 2:54 PM

    Dispute? LOL?

    No one will dispute a sh1t about fair use after ur lame warning "well u can dispute it but is the tiny little thing is wrong we will rape u"

    lol

    I buyed lots fo CD from band I never hear about, but I discover it after watch some game fraps video, then u start erase the audio of all videofrap there, lol? u thing people will stole the audio mixed with the game/teamspeak audio? LOL


    Youtube is a big joke now, they dont want to listen the user who made them big $$$. WE ARE THE ONES who make u rich, no them. I remember that "ideas" sh1t they maked, they censor the most popular suggestion because was about this ID copyright thing, thats why they started the html 5 idea, to make the users forget about the fair user complains the user posted there.

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  9. [Admin]April 22, 2010 at 4:24 PM

    What difference does it make? The decisions are still in the hands of the copyright holders, so they can still say whatever they want.

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  10. MattApril 22, 2010 at 5:04 PM

    Your company name should be changed. It's no longer politically correct. It give people the wrong impression now.

    It should be "TheirTube" as opposed to "YouTube". There really isn't any "you" anymore.

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  11. HikoApril 22, 2010 at 7:15 PM

    This is progress - the problem is that unless a court backs it up, any assertion of "fair use" is just an opinion. It can't stop a DMCA claim.

    What CAN effectively pre-counter a DMCA claim is creative commons tagging. The bigger issue is ambiguity as to rights to content posted on YouTube- let uploaders that own uploaded content indicate if they are willing to allow sharing or not - half the DMCA madness will be resolved just with that, as it will be crystal clear to users whether they can use and remix content or not.

    Come on, the second and sixth most popular requests from the feedback tool included requests to integrate creative commons tagging of videos, just like Flickr, just like Picasa, just like Jamendo, just like Blip.tv .

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  12. CWApril 22, 2010 at 7:25 PM

    Sorry this OT but I don't know where else to express myself about it: I think that the way that the most recent video that we've favorited displays in our channel's player (regardless of the "top 12" favorites we've picked) is STUPID!!!!!

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  13. nateiskewlApril 22, 2010 at 8:56 PM

    HAHAHAHA! Fuck the RIAA, they'll never completely get rid of pirates. There will always be one more video sharing website.

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  14. Quadunit404April 22, 2010 at 9:25 PM

    Now if only YouTube could tell a false copyright claim apart from a legit one.

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  15. Laurel PapworthApril 22, 2010 at 9:27 PM

    Thankyou for the information on how to "dispute" the claim. Am following instructions as I type :)
    Thank you again.

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  16. TatharApril 22, 2010 at 11:02 PM

    Why didn't you mention how video uploaders can dispute a DMCA takedown notice? Also, what about if the uploader has a non-revocable license to use the assets that belong to a copyright holder, and the copyright holder submits a claim anyway?

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  17. Jonny PaulaApril 22, 2010 at 11:13 PM

    I for one, just hope this system actually makes dealing with bullshit claims easier. 50% of my "Movie Night", movie-review program were suspended from revenue-sharing because of content claims. I argue fair-use... and always win (because it is) - but the time it takes for YouTube to deal with these issues is where we're all losing money.

    Hopefully this system fixes those issues. But I'm not holding my breath.

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  18. AnonymousApril 23, 2010 at 12:26 AM

    Great. You're always ready to send messages when someone uses some song covered by the SACRED copyright. And you let go things like those:
    http://www.youtube.com/watch?v=zGKLe8TBzYo&feature=related
    And it is IMPOSSIBLE to contact you in order to ban such crap!
    Congratulations!

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  19. AnonymousApril 23, 2010 at 12:30 AM

    This comment has been removed by a blog administrator.

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  20. AnonymousApril 23, 2010 at 12:34 AM

    Its the people from all over the world who make YOUTUBE, with out the content Youtube is dead in the water,
    How do you treat the vast majority of creative users? simple, you censor most of the content using "Content ID Match"
    You forget all the celb's benefit from FREE promotion , fan based videos encourage sales of music and videos,
    YOUTUBE is shooting them self in the foot, one day your ID Content model will fail the Internet community will move on to a OPEN SOURCE website for video content, its only a matter of time when some one in the world will have enough funding to set up a free uncensored video site, You Tubers, don't put up with YOUTUBE censorship.

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  21. tvApril 23, 2010 at 12:59 AM

    Dear Youtube:
     I'm a student from Mainland China and I need to upload a 480p video smaller than 2GB, but LONGER than 10 min to Youtube(Actually, numerous Mainland citizens and I have the software Freegate). I wonder how to tackle it. I also definitely suggest you REMOVE ALL SIMPLIFED AND TRADITIONAL CHINESE INTERFACE!!! Then, the Mainland may not block your website because you "do not serve the Chinese users at all". However, Mainland people coming for hi-quality videos with the basic proficiency of English will benefit and no encrypted proxy will be needed for visiting your website.
    Thank you!

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  22. Juha-PekkaApril 23, 2010 at 2:43 AM

    Thanks to this, I cannot upload some of my videos, because that STUPID Content ID claims that some of my videos soundtracks have copyrighted audiotrack!!!

    So thanks, you stupid jerks!!!

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  23. AnonymousApril 23, 2010 at 3:43 AM

    The language of intellectual property is itself offensive. The original idea of copyright, as of the older common laws, was that EVERYONE has rights to their creations. The problem with copyright today is that when a few entities, not even people, have rights to a large and lucrative collection of sound and images, many people lose the right to use their own computers to store or transmit information free of suspicion.

    If you are going to act like cops, I'm going to treat you like cops.

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  24. TimApril 23, 2010 at 9:00 AM

    I am amazed at the sheer lack of comprehension skills exhibited by the majority of the people commenting to this post.

    The problem isn't with google or youtube. The problems are being caused by the mega-conglomerate corporations who own the copyrights. It is these soul-less jerks who are continually threatening legal action against youtube. If youtube just ignores these threats, they will be sued into oblivion, and youtube will be gone. As far as I can see, they are doing everything possible to keep allowing users to do what they do, and keep the copyright holders happy. It isn't youtubes fault that the corporations can't recognize all the free publicity they gain from having fans use the music they love in their videos.

    And for those of you who think other sites will be able to get away with it, guess again. They may be able to do it for a while, but they will soon be in the boat. If you want change, go after the big-bad music publishers.

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  25. EliDirkxApril 23, 2010 at 9:43 AM

    Fucking pussies.

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  26. AnonymousApril 23, 2010 at 11:15 AM

    I like how you listen to the partners only. The normal YouTube users dont get a chance to give feedback? So, what your saying is, we have to pay to be listened to.

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  27. choggieApril 23, 2010 at 12:50 PM

    Tims correct. It began to stink when WMG (BMG) Viacom and others began to flex their feeble might...Removing content (sound, PSSSH!) from fan's content...Let these cretins kill ya if you must-The legalities of of the planet grow mightier every day because people do not simply civilly disobey the threats.

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  28. mightylions1April 23, 2010 at 6:27 PM

    Hey YouTube! Might want to check this out:

    http://www.google.com/support/forum/p/youtube/thread?tid=2885e6967c6072c0&hl=en

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  29. LukeApril 23, 2010 at 7:36 PM

    You know some films / music have gained popularity due to their viral nature on YouTube. Why some copyright holders feel the need to complete remove such things, I don't know. It's a bad move and shuts the attention out.

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  30. JohnApril 23, 2010 at 7:36 PM

    Take what you can, give back a little. Keep the internet as inexpensive as possible.

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  31. FPrioleauApril 23, 2010 at 7:55 PM

    I am not a partner. Just an educator who uses the content of certain youtube videos within my math classes. The posting that mention creative commons as a source for inexpensive or free media was correct. I try to teach my students to use media appropriately as we all should

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  32. MeLiZZa Video BlogApril 23, 2010 at 7:57 PM

    iam a swedish monkey

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  33. BrianApril 23, 2010 at 10:54 PM

    We understand that Google is trying to get it right, but we're tired of Google getting it wrong with ContentID.

    Some of the comments above got it right: your form terrifies people and it puts the power to silence in the hands of folks who send the innumerable fraudulent DMCA takedown notices that Google itself lamented in its recent New Zealand 92A filing. You know folks abuse takedowns, so you know they'll abuse your ContentID as well. You're letting them do so at our expense.

    The right way to use ContentID is to have it notify content holders who must then take the affirmative action of sending a takedown notice. The automatic silencing ContentID is empowering now is selling out fair use for Google's bottom line.

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  34. AnonymousApril 24, 2010 at 2:08 AM

    I do not understand how big corporations do not see the free publicity and promotion of their content that they are receiving because of people using said content in videos. There are many albums,video games and shows that I went out and bought or started watching because someone on here used the content from them on here in a video and I liked what I saw or heard enough to go out and buy it. I wonder what these corporations are going to do when people start to boycott their productions because of the bull that these corporation people are pulling with the fans of said works. After all that is all these people who are who are having their videos yanked because of copy rights are. They are fans. If someone gives credit to all who hold the copy rights and in no way shape or form claim it as their own, their videos should be left alone and left up for people to enjoy. Who knows corporate people if that next video you take down because of copy right is the video that could have launched that copyrighted materiel into making you trillions!

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  35. Greg M. JohnsonApril 24, 2010 at 4:23 AM

    Your assertions about the difference in fair use-ness between a baby dancing and a uni lecture are surprising.

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  36. EliDirkxApril 24, 2010 at 5:51 AM

    'We listen closely to our partners'
    That is precisely where everything went wrong.

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  37. RJM25April 24, 2010 at 8:09 AM

    ^yep. Google puts ZERO pressure on copyright holders to actually make the effort of making sure they are filing legit copyright claims. To quote Google above:
    "Since Content ID can't identify context (like "educational use" or "parody"), we give partners the tools to use length and match proportion as a proxy."
    What is the minimum length? Maybe google should put into place minimums for fair use, such as saying video clips need to be over 5 minutes, or audio needs to be over 1 min to even be eligible for Content ID. Less than that and the rights holder should have to file a claim for the video after they've watched it.

    Also, what penalties are there for copyright holders when they flag content that is clearly parody or educational? Users get their account flagged for uploading copyrighted material, so maybe rights holders should get their Content ID rights suspended and force them to file paper (or e-mail) claims for each and every video, which forces them to look at the videos first.

    Youtube in general has been heading downhill with all the changes they've made to appease their paying sponsors and copyright holders. We can't even see if a video is rated highly before we watch it now, which is clearly a benefit to crappy advertising or 'partner' videos that get spammed out every day with no content worth watching.

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  38. nostatic.comApril 24, 2010 at 10:21 AM

    This is a nice try and "standing up for the little guy" (he said, intending that to be gender-neutral), but the reality is you still bend over like George Michaels in Central Park for the music publishers like Cass County Music. Yes, I blame the source (the music publishers, as well as the artists), but youtube is complicit in this attack on fair use and amateur cultural production. *you*tube failed to stand up to the 800lb gorillas. Now youtube waves the proletarian flag in an attempt to garner favor with those here who CREATE the content. Well, we'll see if it works. The reality is that if people clue in and stop doing their amateur cultural production on youtube, youtube revenues go away. You can't have everyone just watching - someone has to create.

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  39. Brad TempletonApril 24, 2010 at 1:06 PM

    As my parody is the one linked to in the YouTube posting as an example of a parody, and yet it was taken down, I felt it appropriate to write a response to this post. In it, I hope I offer a number of ways to satisfy the thirst of the content owners to stop infringements with YouTube's goals of protecting free speech and avoiding the takedown of fair use non-infringements.

    http://ideas.4brad.com/youtube-makes-statement-content-id-takedowns

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  40. PattyApril 24, 2010 at 3:21 PM

    Let me see. Then why you are letting rumblefish trying to steal money from user that they thought using Audio Swap music was safer. SINCE you signed in agreement with them about copyrights fair use.

    Now almost everyone who used rumblefish audio swap music is getting copyrights notes. Rumblehfish are so confuse that they now are claiming all the soundtracks from Beethoven even if the soundtrack did not came from their audio. Explain that?

    All they want is money, so the agreement from Audio Swap is a big lie for them. Agreements are agreements.

    60 minutes will love to hear this.

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  41. OoohApril 24, 2010 at 4:43 PM

    Allot record companies tend to ruip off artists and employees anyhow,giving most of the profitts to the board of directors.

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  42. JohnsonApril 24, 2010 at 7:26 PM

    Youtube as a video sharing site, has slowly becoming worse in all ways in general.

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  43. Syarlilady (shar-lee-lay-dee)April 24, 2010 at 8:20 PM

    Don't blame YouTube on this. It's those huge conglomerates who are forcing YouTube and Google to take those videos down. Did anyone read the article on the lawsuit of Viacom against Google/YouTube? They claim that Google business model is based on uploading copyrighted materials when they bought out YouTube. From what I've seen, Google/YouTube are doing their best to defend this. Viacom (who own MTV and VH1) are STUPID enough not to know that people share their stuff online because they are showing us crap shows on paid TV. What is there on MTV nowadays? 90% crap. Oh, don't get me start on the "due to licensing, this video is not available in your country" bullshit. Imagine how it feels to have bought an album by a band long time ago and try to watch their videos on YouTube because they're not on MTV anymore, only to see the message "this video is not available in your country". Blatant discrimination!

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  44. Rajib BaharApril 25, 2010 at 7:49 AM

    There is some flaw with the dispute process. I made a parody clip involving a content owned by Sony BMG in USA, and G-Series in Bangladesh. I guess my parody intended toward the diaspora USA audience did not appear funny to the G-Series label in Bangladesh. First Sony claimed their contents were in that clip. Sony was generous enough to permit me to keep the content but showed advertisement. At one point I decided to go through the dispute process in good faith because I did not want any copyright issue hanging over my account. I felt I had good points to defend my usage. I gave references to other TV programs that did similar thing in Bangladesh, and USA alike, and also cited relevant copyright dispute cases. While the dispute was in process the G-Series labels in Bangladesh made their claim and blocked it completely. In my opinion, G-Series erred in not allowing me to keep the clip. I don't think they even gave an ounce of thought. It felt as if they hit the "Delete All" button in some kind of content-matching-management-panel. Obviously, this caught me off-guard. Can't you prevent different stake-holders from taking down the video when a dispute was submitted in good-faith and in pending status? I was fed up with the time the dispute process was taking and deleted that blocked video. In short, google's content-id-matching system is flawed because it allows taking down of videos while the video was in pending status in the dispute process?

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  45. mandatoryusername42April 25, 2010 at 7:58 AM

    This comment has been removed by the author.

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  46. *April 25, 2010 at 10:12 AM

    When "content owners" have to specify the name of a musical piece, the composer, the performer(s), the date and original label release, THEN the dispute process moves toward fairness.

    When the "owner" shows that seeing and hearing something on YouTube for 10 minutes or less caused sales and revenue to plummet rather than their own industry's failure to change with the times and rethink marketing and sales, THEN the dispute process moves closer to fairness.

    Why continue to bail out a failed business model for the "entertainment" industry? Send them to congress.

    Over half my videos have pop-up ads directing viewers to "Buy this tune" and link to performances not even in the video.

    Anyone can claim anything without proof.

    Have never heard a performance by an "entertainment lawyer" worth listening to.

    And most of the current "original" works coming from these companies no longer qualify, even as "entertainment," let alone art.

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  47. DesertphileApril 25, 2010 at 11:38 AM

    Recently one of my videos received a false positive from the "Content ID" function, and the video was flagged unviewable, asserting content in the video was owned by the America Treason Network (FOX). The notice did not give any details, nor a time stamp, letting me know what part of the video was giving the false positive. I modified the video eight times and uploaded the modifications until I eventually found where the false positive was coming from--- it was a video clip transition (a fade-out, fade-in) of me sitting in front of the camera transitioning to me feeding the horses. When I removed the transition and uploaded the video again, the false positive went away. It would be extremely helpful if the "Content ID" function would let video content makers know exactly what and where the apparent copyright violation i.

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  48. antimatter15April 25, 2010 at 9:43 PM

    I guess I'll reiterate what everyone else said, I'm not a fan of "Content ID", though Google is forced to do this by the broken U.S. copyright code, and does have sane lobbying efforts which are very pro-remix, it's a shame for them to so blatantly come to the defense of a horrid policy. It's really something that you're forced to do, please don't make it sound like something you're doing because you feel it's "right".

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  49. AnonymousApril 25, 2010 at 9:50 PM

    I'm actually very disappointed and dissatisfied with Youtube when it comes to the whole issue of fair use and copyright claiming issues, because there are honestly people who share the mashups, the reviews (I'm a media reviewer who uses my YT account to post reviews of my favorite series/themes/songs, and more often than not I've had my account warned even when I specifically state who holds the copyright and that it IS fair use), among other creative ventures. I'm fine with advertisements placed on the videos (that actually doesn't bother me at all), and I think it's fair because it does give due leverage to the companies, but it's getting to the point where it's utterly frustrating when my account is warned and my videos are removed when they've been up for what- 1, 2, 3 years out of the five that I've been a member? It's just really unfair.

    I hope that YT can enact better policies that can be a fair medium between both the commercial companies, artists, and people who just want the chance to speak their minds and be creative.

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  50. SugiartoApril 26, 2010 at 8:24 AM

    Advisable to the Copyright holders to publish their contents in private channel rather than in the public domain if they have denied section 107 to 118 Copyright for fair use purposes.
    People should feel free to download or upload as long as for fair use purposes .
    Copyrighted material should be treated as the materials that have distributed or published at the public domain.
    From public domain to the public domain no need copyright holders approval.
    Infringement claimed by copyright owners are lack of merit,should be denied.

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  51. _ReALM_ldr.clawsApril 26, 2010 at 12:37 PM

    Not everyone on youtube makes a video on youtube about comedy or drama, I know a great deal of people who make AMV's or make tutorials or even music parodies, with music in these videos it doesn't give the same effect. Sure we can read the sub titles, but i'd rather be doing what the tutorial guy says instead of constantly pausing.
    And do music publishers need to worry about losing money? Most of them have a youtube account where they upload their music so they know they're losing out on the money anyway, people only buy music so they can listen to it 24:7 without the need to buy internet. Overall stuff this dumb content matching and let the world be free to upload what they want. Read the bloody comments youtube.

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  53. SkidApril 26, 2010 at 6:13 PM

    "Rights holders are the only ones in a position to know what is and is not an authorized use of their content."

    Wrong. So-called "rights holders" do not interpret the law. If it were only up to them, we'd have no fair use (or public domain) at all.

    In other words, the so-called "rights holders" are the LAST people who should be making this judgment call. They have the financial clout to remove any video they like, whether a fair use or not, and not have to worry about any ramifications.

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  55. jerryloweApril 27, 2010 at 5:56 AM

    Jerry R. Lowe was admitted to the California Bar in 2004 after graduating from the Claude W. Pettit College of Law at Ohio Northern University. During law school, Mr. Lowe was privileged to serve as an extern for the Honorable Evelyn Lundberg Stratton, justice of The Ohio Supreme Court, as well as clerk for one of Ohio’s finest bankruptcy firms.
    He has hands-on experience in Fresno Criminal Defense Attorney, Fresno Bankruptcy Attorney, Fresno DUI attorney.

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  56. Ronald h.w. lawApril 28, 2010 at 3:31 PM

    you really don't give a crap about people do you

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  57. davApril 28, 2010 at 8:39 PM

    ...sources beyond YouTube, and along with YT, have increasingly struggled with copyright law, engineering "best practices/priorities/options," etc., and also, somewhat like others, i'm familiar with such... while YT must meet many challenges to survive, YT and others must also defer to authorities beyond "their own control," shared or otherwise, if they are to continue successfully, also, with "learning more" about their own business(es), etc., as much as what others do. ...and yes, i grumble about many corporate difficulties, including those of YT, yet also, i still expect YT to improve as YT experts learn more, and without failing to learn about & accept evolving court (and related) proceedings/decisions, etc., along with kinds of conviviality that being pedantic or failing to acknowledge "received" determinations/recources cannot match--simply as a matter of established public interest/policy, and common sense, and a free market system more might support if YT can, etc...........

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  58. thinking1440April 28, 2010 at 10:44 PM

    What if things begin going more underground??

    Instead of having videos on a google server we just use a P2P video site.

    I guess it's kind of like Vuze the torrent program. Since the sites would not be storing any content there's no reason to have anything removed. It would work just like torrents.

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  59. TheHonestTheistApril 29, 2010 at 4:26 AM

    I don't know where else to post this, so I will post it here.

    Youtube, please, listen to your customers and stop unecessarily changing things! The youtube video player was fine, what on earth did you change it for? Channel design was good, but these recent updates are completely pointless and will only confused and frustrate people. PLEASE, stop changing things uncessarily! It's annoying. Leave it, it worked fine! In fact better then now! People don't like change, so PLEASE don't change unless you REALLY need to, unless it REALLY does benefit the users. I really hope you get this, as this is what your users want, please listen to them and stop changing things!

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  60. bunny.bugs1234May 1, 2010 at 6:42 PM

    there will be no youtube in 5 years

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  61. Steven (Sten4sw)May 3, 2010 at 3:04 PM

    You should let us see a list of the Content ID partners, and what rules they have set up, that way we can know what boundaries to stay inside so we never get caught up in this whole dispute process in the first place.
    I know, that if I saw, that the rule on the Transformers soundtrack, was a minute, I would make sure to not use more than a minute of that song. But, this whole copyright thing is crap anyways, but that's just one way to make it a little better for us.

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  62. allyMay 3, 2010 at 8:17 PM

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