@GunSmith1_basic said:
To me it seems like Nintendo is shooting its own foot with these measures, but that's not for me to decide. Nintendo spent all the money making this content. They decide what happens with it. Maybe they have data that shows that this youtube stuff is a big leach. My guess is that ideally, Nintendo would allow reviews and unboxings, but not Lets Plays.
There is a legitimate issue with "Fair Use" though, and corporations tend to abuse it. However, these corporations aren't the ones taking videos down. Youtube is. That criticism should go against Youtube, not Nintendo. Nintendo is doing what it feels is best to protect their property. They serve their customers and their stock holders, not youtubers or youtube watchers.
Noooooooo, it's not Youtube taking down the videos, it's what ever company or individual who is. Youtube has the system in place, but they're not making the calls of which videos pass or which ones get shot down. A strike has to be filed by someone, they submit it and BAM, down goes a video. There have been plenty of other channels taking screen shots, showing the BS they had to deal with, where they get a notification and it outlines who issued the strike and why. Youtube may have provided the gun, but it's still a person/business that has to aim it and pull the trigger.
Sure there's an appeal system as well, but as time is essential on these videos, with the influx of content coming in on an hourly basis there's a narrow window of opportunity for video exposure before people just move on to the next. And the companies abusing the system know this. It only takes seconds for them and time is on their side, time lost for the channel to dispute the strike, so it's still served its purpose to penalize the video creator who lost the exposure when they needed it most.
If Youtube really wants to give fair protection to copyright holders, there should also be equally fair protection for content creators under common fair usage laws. The whole problem with the system is that takedowns are automatic, and the appeal process takes too long. Like I said even when the appeal succeeds, they can't undo the damage.
It's set up entirely backwards, the fact that videos can be taken down immediately without being reviewed to verify the merit of the complaint, and that they have to fight to get it restored is operating on the principle, "guilty until proven innocent". To keep protection fair on both sides, no video should be taken down until after it's been reviewed and a case can be made for copyright violation. How it should work is; someone files a strike, Youtube department receives it and reviews it as soon as they can (going through the numerous cases they likely get) to get to the two possible outcomes;
1. complaint is ruled as invalid, and in that time channel has suffered no consequence for an unjust protest
2. complaint is ruled as legit, the proper action is taken and justice is served to the injured party. in case of revenue undeservedly earned, youtube could have cause to enforce reclaiming money made on that specific video, to be granted to the persons who's original material was shown to be stolen from.
As it is now, it's egregiously unbalanced with complete disregard for freedom of the press.
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