this post was submitted on 15 Nov 2023
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This is the best summary I could come up with:
In March 2022, game developer Bungie slammed YouTube's DMCA-takedown process in a lawsuit against defendants accused of sending fraudulent takedown notices against Destiny 2 videos.
Bungie's lawsuit said the defendants "were able to do this because of a hole in YouTube's DMCA-process security, which allows any person to claim to be representing any rights holder in the world for purposes of issuing a DMCA takedown."
In turn, the DMCA offers online service providers certain protections from copyright liability for content generated or posted by third-party users if, in addition to meeting other conditions, the service providers expeditiously remove or disable access to content identified in compliant notifications.
Indeed, an online service provider like Google risks losing protection under the DMCA's safe-harbor provisions if it receives, but does not expeditiously act upon, a notification claiming infringement that complies with the statutory requirements, discussed below.
Google uses the process to confirm "that a takedown request contains the elements required by the DMCA," but doesn't verify itself whether the URLs actually contain infringing content.
Google's lawsuit charges defendants with misrepresentation of copyright infringement, breach of contract, and intentional interference with contractual relations.
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