CBS gets YouTube review of 'Picard' taken down for using 26 seconds
Youtube has it's own system outside of the DMCA to handle copyright claims in which the claimant has all the power. If the poster of a video wants to appeal a copyright claim, they appeal directly to the claimant who gets to decide. You can then appeal to YT directly (good luck with that) but in the meantime the claimant can issue a "strike" on your account. 3 strikes and you are out. So instead of fighting claims, posters are encouraged to just roll with the punches and be glad they get any money. Youtubers at this point will openly say "I'd show a clip but then I won't make money on this video" even when that clip would 100% be fair-use.
Youtube designed this system after pressure from the major Movie / Music publishers to either give them stronger tools than the DMCA provides or face a blackout from these major publishers. They wanted final control over their IP on Youtube and they got it, damn the law. If they had to file real DMCA claims, these claims on obviously fair-use materials would disappear.
I am seriously surprised how long it is taking for YouTubers to realize the YouTube platform is failing them and in some cases it is pitted against them. When you get down to brass tacks they only care about their advertisers. CBS is a big advertiser and partner for YouTube so they and those like them will always win. Social and legal norms be damned
I do get encouraged when I see some creators going their own way like: floatplane.com and watchnebula.com
Support creators you care about or they may not be around much longer.
It's interesting that Angry Joe got taken down; AFAIK, RedLetterMedia's review didn't get taken down, and it featured decent chunks of non-trailer footage (not sure if any of them were 10+ seconds consecutively) [0]. And, like AJ's, it was a very negative review. I don't doubt AJ was the victim of manual review, I'm just surprised RLM wouldn't be on CBS's shit list as well.
(and tangentially: both are right; the "Picard" show is depressingly bad and derivative. I've only watched the first ep, but it had more gratuitous (and cheap looking) martial arts action than several seasons of TNG.)
Ironically, CBS literally posted the entire first episode for free on YouTube: https://www.theverge.com/2020/1/30/21115348/star-trek-picard...
CBS All Access needs the publicity - good or bad, Joe guy is doing them a favor.
Hulu has The Orville which I think has proven definitively that anyone can take the Star Trek formula and pump out a watchable show. Who needs CBS?
At what point can you file a suit for bad faith DMCA claims?
It was footage from a trailer so it's not like CBS is losing money from pirated footage. They give it away freely.
from TFA this was a manual takedown, meaning CBS had someone in meatspace take this down. If i had to guess why this happened its two reasons:
- Joe had a negative review of the show, and made several valid points about its lackluster writing and dialogue.
- CBS' streaming service, "All Access" is getting hammered by critics on reddit and blogs. Even after gobbling up Nickelodeon kids programming its still underperforming. A week after Picard aired, CBS released the first episode on Youtube free of charge in order to drum up business.
https://www.forbes.com/sites/insertcoin/2017/09/25/cbs-badly...
https://www.theverge.com/2018/1/10/16862278/cbs-all-access-s...
Companies typically do this to censor reviews. Is Picard really so crappy of a show that they have to resort to this?
Please start using YT alternatives like for example lbry.tv.
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It has been restored, AFAIK.
The main assholes are Youtube, not CBS. CBS can request shit like this and they are expected to in today's copyright climate. Youtube clearly does not believe in fair use. That's what it boils down to. It doesn't matter that fair use is protected by law or anything because Youtube can do what it wants with its platform. So fair use is essentially up to the platform. In other words, it really doesn't exist anymore for people who are not willing to host their own content.
All this controversy has brought the film to my attention.
Intentional?
I truly believe stuff like this is contributing to the rise of socialism. There's no nuance left in anything, anymore.
why is this on hn vs all the other illegal takedowns and youtube drama that happens on a daily basis? oh because it's star trek.
apologies in antecessum for this post not exploring specifics or explicating a rigorous knock-down philosophical argument for its conclusion, but f cbs and f youtube.
YouTube can do whatever it wants, but it doesn't change the fact that Picard is DOA.
I can't wait for them to completely destroy every franchise so they are forced to be creative and come up with something new.
I think they must have put more effort into getting that review taken down than they put into the entire series so far.
A good reminder to avoid doing free publicity of big copyright content.
Sure, it's fair use, it's what people are talking about etc. Still, it's free publicity.
If not, content creators should be very aware of possible abuses and should add anti-abuse language to their contracts, like this: https://hacked.com/sony-filed-copyright-claim-man-licensed-c...
I really dislike DMCA takedowns, but am I the only one who thinks 26 seconds is actually quite a long time--especially for a product of this caliber? That represents basically a full teaser trailer.
edit obviously I didn't catch a detail in my comment. Please stop downvoting this.
Automation fails to discern fair use. The YouTuber should file a DMCA counterclaim, but many youtubers are unsophisticated enough in copyright law to do so.