Massive Changes to Copyright? #shorts

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#eaglebrief #shorts

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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos! All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

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And STILL no proper punishment for filing a false DMCA.

kyuven
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Looking forward to a full breakdown of this! The headlines definitely made it seem like a legal shocker

crashflagons
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I can already see this being abused big time. Those who file false/wrongful claims should be forced to pay defendants legal fees.

charlieinabox
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“I don’t know, it’s complicated and I have to think about it” is a first reaction I can appreciate.

coltonwesley
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Yes! PLEASE do a full breakdown of this situation. I've seen a spectrum of reactions ranging from "the sites that would be targeted by this operate outside US jurisdiction, so this won't change anything" to "Twitch streamers will be arrested for having the radio on in GTA V"

We need an actual lawyer to explain this to us.

jeightee
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You won't find much support for such laws on Youtube or abroad within the internet due to how abused said laws are. There need to be more protections for creators, or the platforms cannot function due to corporate abuse.

PlagueOfGripes
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Note that Cyberpunk's "stream safe" mode still attracted copyright strikes for music tracks. How can solo creators be expected to navigate this copyright labyrinth when even a large company like CDPR fails? And now they can be threatened with jail time by whatever copyright troll catches them in a mistake.

This system is doing the exact opposite of its intended purpose. Instead of encouraging innovation it is been twisted to suppress small creators and new forms of content.

Rikaishi
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The guy who's pushing the bill wants even small streamers to recieve jail time for even minor offenses.

Do it anyway. Flood the system. Don't let big music stop everyone.

bazzfromthebackground
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They promised that the bill would be delayed so that a proper debate could take place after criticism. Instead they attach it as a rider to a must pass bill knowing full well it would never pass on its own.

aerialdarkguy
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*The biggest fear here is if copyright holders still don’t get many things about the internet.*

thememeestfilmbuff
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Shoplifts a movie: Community service

Illegally downloads a movie: Felony

slyninja
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Honestly, they can make the small claims courts and say whatever they want. It won't change the fact that companies like UMG, Sony, Warner, and others have already been abusing the copyright laws as is to remove content even when it doesn't infringe their copyright. TheFatRat even lost the rights to his own song for a while because of this same abuse. All I can see happening is people being brought to court to potentially go to jail for up to 10 years for the same abuse that's already been happening.

XarmenKarshov
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Thanks for the new short. Really like them.
On a broader scope, I would like to know how the DMCA can override the presumption of innocence. In practice, the DMCA forces the publisher to remove content cited in the claim without proof. The burden of proof is transferred to the accused/the creator of the cited work. Thie entire process appears to spit in the face of the presumption of innocence.

frestyl
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Now it's time for Youtube and other services to introduce the : Don't publish to the USA button

Sinaeb
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Small creators are already on the receiving end with *their own work* being claimed by large corporations, with little to no recourse against a machinery that gives only two options: have an army of lawyers or bend over and give up on your own work. This will not make things easier for them.

cleyfaye
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"On the other hand, you might have smaller creators getting [...]"
The only thing they'll get is shafted. The little guys never get benefits from laws made to benefit the corporations except by accident. That's how it is with the DMCA, and that's how it'll be with this. Playing "what if" in this way is realistically disingenuous and permits the abuse to continue under the guise of "well technically the abused might get to abuse someday!"

JosephDavies
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This will hurt a lot of small creators .pathetic .

OptimusDelta
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This actually destroys Twitch, where streamers are already getting taken down because games that they stream happen to have copyrighted music in them. All of a sudden that one song that happens to be playing on the radio in your car while your driving around in Watch_Dogs or GTA is going to make you a felon.

TogashiJack
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And American copyright laws continue to get more draconian.

Like I know creators should have full right to protect their brands, but there's a point where this just becomes madness.

TokoWH
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Full breakdown on this will do numbers. Youtubers and Twitch streamers are definitely a bit shook right now.

Zyphent
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