Last of Us Leaks (Pt. 4): DMCA Deficiencies and Manual Claim Madness (VL218)

The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown extravaganza continues as we look at the case of one YouTuber, HeelvsBabyface, who has won at least a short-lived reprieve from the Copyright Strike that had been issued against his channel.

What argument did he use to win the day (at least for now)?

Why would you have already known about it if you follow Virtual legality?

And why does it ultimately not matter in the face of YouTube's review period for Manual Copyright Claims (rather than strikes)?

Turns out the process is the punishment...in Virtual Legality.

(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from:
“The Last of Us Part II | Release Date Reveal Trailer | PS4”
YouTube Video – September 24, 2019 – PlayStation Europe

#TheLastOfUs #Copyright #Takedown

***
Discussed in this episode:

"NAUGHTY DOG/SONY Forced to RELEASE Copyright Claim Against ME!!!"
YouTube Video - May 5, 2020 - HeelvsBabyface

"Last of Us Leaks: Counters, Fair Use, and Unpublished Works (VL217)"
YouTube Video - May 4, 2020 - Hoeg Law

"Limitations on liability relating to material online"
17 USC 512 (DMCA)

"The current state of YouTube and the DMCA."

"Content eligible for Content ID"
YouTube Help Page

"Content eligible for Content ID"
YouTube Help Page

"What is a Manual Claim?"
YouTube Help Page

"Dispute a Content ID claim"
YouTube Help Page

"Sony's delayed Last of Us 2 set for June release after story leaks"
BBC Website - April 28, 2020

***
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

***
Twitter: @hoeglaw

PODCAST VERSIONS ALSO AVAILABLE

[HoegLaw]

Turns out the process can be the punishment...in Virtual Legality.

[Axed]

I was going to buy the game despite the story leaks. When I saw the bad faith abuse of DMCA - I canceled my pre-order. I don't support that kind of behaviour.

[JustSomeGuy]

My guess is that SIEA wants to prevent any negative commentary about the game until its out, and they're abusing the reporting system to do this. Incidentally, since the video was uploaded on April 30th, the video would be released on May 30th, a several days before the game. This is when attention for the game will be at its height, so this honestly wouldn't work in SIEA's favor unless they planned on refiling claims over and over.

[chadtalbot]

This is the gift that keeps on giving. Appreciate your ongoing coverage, it's like a mini-series

[DeusVoltt]

Nce catch Hoeg! Those sneaky, cheeky bastards. This mess makes me really not want to support Sony. I may have to skip the PS5, I have no reservations about voting with my wallet.

[Fabzzster]

Heelvsbabyface put out that video that his video is back up. Then, halfway watching his video, the video was put down by him. The original video was struck down again. It seems his prediction of them striking again came true. I bet for YouTube it's a tough call to not get too involved since it will set a precedent to get involved all the time?
To be fair, heelvsbabyface's original video (that was taken down by Sony/party involved with Sony) did include a single screenshot. I don't remember for how long, but, like his other videos, he enjoys showing something and then giving his two cents in his unique style.
It's a mess and continues to do so. I wonder if they will continue to strike until game release...

Edit: He put up another video explaining that the original video had its copyright strike removed, but the claim is still present. So on his backend, the video is there/exists. For audiences, the video is unavailable due to a claim. Your insight that it's a tactic with using the system is more likely with this case. He says he has roughly 23 more days to wait for a response about his video.

[tenebrasm]

Solicitor, what a beautiful word, last time I heard it was in Dracula:)

[ricoberserker]

found this via reddit today you got a new fan

[spencermorgan]

heel vs babyface is certainly the babyface in this instance, while sony is the heel!

[chazzygamez]

I pre ordered this game already so I have to play it but mark my words it will be the last time I play a naughty Dog game no more giving them my money

[rocketpunch]

The thing is do we even know if EVERYONE that made a video discussing the leak got similar take down? or just some? I've seen videos where people talk about the leaks and they weren't taken down. The funny thing is I used to sub to a lot of these what I called "dumpster fire" channels that got their stuff taken down, but I unsub'd to all of them long ago; Having said that, like you said many times before, the mere discussion of the leak should not be subjected to DMCA takedown.

[ThomasAndresen]

YouTube shouldn't get in trouble in terms of their safe harbor if they ignored legally insufficient claims, not to mention actually giving counter-claims the time of day. The fact that they (usually) do neither of those things, speaks to the power balance inherent in money, that in my mind, society could do without.


Not saying money shouldn't exist, but it shouldn't affect power balances. Money should definitely affect access to luxury, but not things like survival or access to justice. Not that I see any way that such a state of affairs could even work, social psychology being what it is.

[SkarzRazr]

You should check Mr h reviews he got his video reinstated and showed the whole process he went through

[olpossum]

“I may not be there yet, but I’m closer than I was yesterday.” —Anonymous