« Crank Dat MIT 2007 remixed!
Infinity Window / Sick Llama live from 92Y Tribeca »

YouTube “unable to accept” my counter-notification

Regular readers may recall that a video segment of my ROFLCon presentation was removed from YouTube based on a copyright claim by the owners of the song “Crank Dat (Soulja Boy).”

Per DMCA, I challenged this claim using the Chilling Effects counter-notification tool.

Today, I received an email stating the follow:

since the identification of the claimed content was automated, we are unable to accept your counter-notification at this time

Can anyone explain this to me?

This is my response:

Date: Fri, 16 Jan 2009 12:23:38 -0500
From: “Kevin Driscoll”
To: “Copyright Service”
Subject: Re: [#382716276] Mistaken removal

Dear Harry,

I am not a lawyer so you will have to forgive my ignorance to the
nuances of your copyright policy. From my perspective, an automated
identification seems much more susceptible to error than one made by a
human.

I am deeply troubled that you will not accept my counter-notification.

Please advise on how I may challenge this error and have my video restored.

Best,

Kevin Driscoll

On Fri, Jan 16, 2009 at 12:01 AM, Copyright Service
wrote:
> Dear Kevin,
>
> Thank you for your counter-notification. Your video has been identified by
> YouTube’s Video Identification system as containing content owned by
> Universal Music Group. In this case, however, since the identification of
> the claimed content was automated, we are unable to accept your
> counter-notification at this time. Rest assured that your account has not
> been penalized in cases of automated identification.
>
> Please see our recent blog post regarding this topic for more information:
> http://www.youtube.com/blog?entry=Gg-mX2mof8c
>
> We’re glad you take copyright laws seriously - YouTube does too. In
> general, you must be certain that your video does not infringe someone
> else’s copyright before you upload it to our site. We cannot make this
> determination for you, it’s your responsibility to know the rules, but we
> suggest you refer to our Copyright Tips at
> http://www.youtube.com/t/howto_copyright, where we’ve provided some
> guidelines and links to help you determine whether your video infringes
> someone else’s copyright.
>
> Sincerely,
>
> Harry
> The YouTube Team
>
>
>
> Original Message Follows:
> ————————
> From: “Kevin Driscoll”
> Subject: Mistaken removal
> Date: Wed, 31 Dec 2008 00:14:05 -0500
>
>> Dear YouTube,
>>
>> I have a good faith belief that a video I created was mistakenly
>> disabled on November 24, 2008. You will find further detail in the
>> attached letter.
>>
>> Sincerely,
>>
>> Kevin Driscoll
>> http://www.youtube.com/user/believekevin
>>
>
>

Tags: , , , , , , , ,

This entry was posted on Friday, January 16th, 2009 at 13:34:04 (PST -04:00) and is filed under comments, copyright, dmca, fairuse, freeculture, law, takedown, youtomb, youtube. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

14 Responses to “YouTube “unable to accept” my counter-notification”

  1. Rose Says:
    January 16th, 2009 at 14:43:30 (PST -04:00)

    Bywifi Video Downloader is a free program for p2p accelerating, downloading and transcoding video stream from all video websites, such as Youtube, Dailymotion, Metacafe, MySpace, Yahoo, etc. The website is http://www.bywifi.com/ . The program has some features:

    1. P2P Accelerating：With P2SP (peer-to-server-and-peer), it speeds up downloading of video streaming. Its better algorithms have accelerated video downloading by more than 3–5 times.
    2. Downloading: With automatically flash stream detection, video contents on many websites can be downloaded easily and free.
    3. Transcoding: Videos can be transcoded into many formats supporting any mobile phones and PDAs, such as Nokia, iPhone, SamSung, iPad, iPod, and PSP.

    Would you please try it and recommend it in your blog?

    Thanks,
    Rose

  2. Daniel Howard Says:
    January 16th, 2009 at 19:52:36 (PST -04:00)

    Wow. Your web page’s tab caught my eye because the favicon is animated! Way to encourage me to leave a snide comment and then close the tab without bothering with the content. :/

    Sincerely,
    -daniel

  3. Anonymous Says:
    January 19th, 2009 at 19:07:14 (PST -04:00)

    E-mail Soulja Boy and CC to his producers directly. Don’t just make a video reply that he wouldn’t see unless he happened to stumble across it.

  4. dizzyjosh Says:
    March 9th, 2009 at 15:40:31 (PDT -04:00)

    i wonder if the train of thought is that “because it’s automated, it’s error-proof”? If that’s the case, it’s pretty clear-cut and remarkable example of how code can embody an interpretation of a law (in this case, copyright without fair use) and thus ideology.

    boo-urns.

  5. Kevin Says:
    March 9th, 2009 at 15:50:44 (PDT -04:00)

    my suspicion is that the volume of claims was so high as to be unmanageable by YouTube. unfortunately, as the Lenz v. Universal indicates, the claimant is responsible for determining fair use BEFORE filing. if it turns out that they are submitting claims willy-nilly (as is certainly true), they may be liable for not meeting the “good faith” requirement written into the DMCA.

    when i am denied the opportunity to file a counter-claim, the balance between monopoly and fair use in copyright is destroyed and First Amendment rights are in jeopardy.

  6. todo mundo » Blog Archive » Concise notes on Fair Use in YouTube Says:
    March 18th, 2009 at 12:03:34 (PDT -04:00)

    [...] leaves little room for human intellect to confront and interrogate these delicious details. When I filed a counter-claim for one of my own disabled videos, I learned that YouTube no longer evaluates the accuracy of [...]

  7. cc11 in stockings Says:
    July 14th, 2009 at 03:15:12 (PDT -04:00)

    I’m not sure I understand the implication of that.

  8. Virginia Says:
    March 17th, 2010 at 06:14:57 (PDT -04:00)

    Hello! I want to say thanks for an interesting site about a subject I have had an interest in for a long time now. I have been lurking and reading the posts avidly so just wanted to express my thanks for providing me with some very good reading material. I look forward to more, and taking a more active part in the discussions here.

  9. Antwan Ruch Says:
    March 25th, 2010 at 10:06:29 (PDT -04:00)

    I love youtube but it does have some bad things on it. Like with copyright and things.

  10. Maurine Sjoberg Says:
    April 6th, 2010 at 09:36:34 (PDT -04:00)

    Test out & Retain your iPad for Cost-free! -> http://bit.ly/cFBuis

  11. Benito Martt Says:
    April 22nd, 2010 at 13:26:48 (PDT -04:00)

    I love the Avatar 3D film, especially the story line, not only it brings a totally new sensation but eye opening ideas of humanity. I heard the New Avatar 2 is comming soon, cannot wait to see it again…!

  12. buy nrg-1 Says:
    June 3rd, 2010 at 19:32:03 (PDT -04:00)

    Actually start reading your weblog it really is extremely informative i shall certainly keep an eye on your blog, you have turned me into a frequent reader.Do you have a newsletter i can subscribe to ?

  13. Samual Sandusky Says:
    June 10th, 2010 at 12:40:56 (PDT -04:00)

    Very thought-provoking idea. I will come back to your blog soon.

  14. Vito Perfater Says:
    July 16th, 2010 at 12:58:38 (PDT -04:00)

    I do believe diferrent because my friends use another brand name.It’s relaxed and i love it’s very much.But next 3D Products Let me think of this as 3D stuffs for which you present.Grate!!!

Leave a Reply