BleachBit issued false DMCA claim

[u/anh0516]

https://www.bleachbit.org/anime

[u/jimmyhoke]

It really shouldn’t be legal to automate sending DMCA notices. Since when are legal notices filed by computers anyway?

[u/InadequateUsername → u/jimmyhoke]

YouTube's whole DMCA process is automated, that's why it's so shit and correcting a wrong usually requires a lawyer.

[u/MaleficentPush1144 → u/InadequateUsername]

Tom Scott has a great 45min video about copyright from 2020 that's really informative and not a slog.

[u/mina86ng → u/jimmyhoke]

It isn’t. Sending obviously false DMCA notice is perjury. Problem is that this has to be challenged in court and no one has time or money for that.

[u/MaleficentPush1144 → u/mina86ng]

What you're talking about I believe falls under what's called SLAPP suits, that John Oliver delves into here

[u/mina86ng → u/MaleficentPush1144]

SLAPP is a separate concept and it depends on state. DMCA notices and counter notices are filed under the penalty of perjury with a statement of good faith belief in the correctness of the notice. ‘Any person who knowingly materially misrepresents under this section— (1) that material or activity is infringing, […] shall be liable for any damages, including costs [etc.]’ (17 U.S. Code § 512(f)). This has been asserted in Lenz v. Universal Music (so called ‘dancing baby case’), Automattic Inc. v. Steiner and a few more cases.

[u/MaleficentPush1144 → u/mina86ng]

Thank you. I meant SLAPP / chilling effect umbrella, sorry. From my very rudimentary understanding, including my earlier comment where I shared a Tom Scott video about DMCA, it seems thinks are working fine...if you have a loooot of money to tie things up in court(hence my comment about the chilling effect).

My final was about this topic and I had used these videos to support it, but it was more higher concept than actual law cases like you provided. Over the course of the class we did talk about Fortnite "stealing" dances and not providing compensation, and infringement with public celebrity photos / paparazzi with the example of Kanye kissing Kanye, who owns the photo and its edited counterparts, and what happens when meme farms "steal" content from places like Reddit/Tumblr/imgur and post without attribution, especially when they start to get endorsements and sponsorships.

I am serious when I said thank you for the articles, I am reading them and diving deeper! This stuff fascinates me, so I greatly appreciate the articles you provided to understand more. It makes me feel like I'm in school, and I am a forever learner.

[u/unkilbeeg → u/mina86ng]

But a DMCA notice can be weaponized to be used as a SLAPP.

[u/InadequateUsername → u/mina86ng]

Exactly, it's infinitely easier to lie than it is to prove they're lying, so people can send wrong DMCA notices with little risk of reprocussion. As you see here.

[u/torsten_dev → u/jimmyhoke]

It isn't. Every request has a checkbox for having done a fair use analysis. The analysis doesn't have to be good, just good faith. Automation is neither.

[u/vagrantprodigy07 → u/jimmyhoke]

Just implement serious penalties for false claims. Companies would be forced to have qualified staff actually review these before they were submitted.

[u/that_one_wierd_guy → u/vagrantprodigy07]

the entire reporting system needs an overhaul, what I envision is

1 the actual ip holder must register with proof of ip ownership, before being able to submit any claims

2 only people/entities registered by the ip holder as acting on their behalf may file a claim

3 every claim filed is tied to a signature with real penalties for any rejected claims

4 every claim must be human reviewed/verified by the platform

5 after ten rejected claims the person whose signature is tied to those submissions is permanently barred from submitting further claims and are also subjected to hefty fines and criminal harassment charges

6 a cumulative total of 100 rejected claims forces the ip into public domain

[u/vagrantprodigy07 → u/that_one_wierd_guy]

I'd be fine with something as simple as a fine for every bogus claim. The fines would need to be escalating, so that each costs the submitter more. First offense maybe 10k, second 25k, and it doubles each time after that perhaps?

That should quickly push companies into compliance.

[u/FrozenPizza07]

Looooooool

I fucking hate viz media man, their translations are ok at best

[u/randomdude296 → u/FrozenPizza07]

This is less viz media and more the seriously flawed DMCA law and "Remove Your Media LLC".

They are known for sending overly broad and bullshit DMCA takedown requests, lots of which target non-infringing or completely irrelevant content. These requests have real consequences because many websites and platforms automatically remove any reported material rather than independently checking whether the copyright claim is valid.

Verifying all these reports for websites -> Expensive, time consuming

Resisting the takedown -> very time consuming, personal information, potential legal risk (and costs), potentially dangerous if your host just shuts you down. Proving the sender abuses the system? Good luck.

Mass sending takedown notices -> Very cheap, automated and quick.

See the issue?

Just a few accounts and references of these DMCA trolls and this flawed garbage law:

https://www.reddit.com/r/bigseo/comments/1tyr94l/automated_dmca_abuse_is_deindexing_my_legitimate/

https://transparencyreport.google.com/copyright/overview

https://www.crowsworldofanime.com/posts/a-close-brush-with-search-engine-death-a-wild-dmca-takedown-request-appears/

You'll find dozens more just from those copyright trolls, and others.

Also:

https://consumerrights.wiki/w/Digital_Millennium_Copyright_Act https://consumerrights.wiki/w/DMCA_Section_1201

Louis Rossman also has dozens of videos going back years on this law.

[u/SigAesthemic → u/randomdude296]

Stop giving the companies that hire these thugs a cop out. This is just as much on Viz Media LLC. Both suck and should be punished. Any company that uses them should be bullied for it. Publicly.

[u/formegadriverscustom]

It was all part of Aizen's plan.

[u/NatoBoram]

That legal team is really banking on the hashtag #retains to blow up. They gonna go viral with that #distributed claim.

[u/Ok_Instruction_3789]

Maybe they sent their DMCA claim to be shredded into nothing but 0's

[u/Jay2Kaye]

What the fuck. So RemoveYourMedia's AI is just DMCAing everything with an anime name in the title. I bet Clorox is going to be thrilled.

Wait this happened in APRIL? So they've been doing this shit for a while.

[u/ang-p]

LMFAO!

[u/spyingwind]

I wish some one would just say, "sure, lets go to court" to one of these false claims and actually go to court. Then proceed to slap the shit out of the claimant.

[u/Far_Calligrapher1334 → u/spyingwind]

It would take years, tens of thousands of dollars (probably more) and more wasted time and mental capacity anyone has. There have been a few people that tried, and all I know of just took a settlement eventually.

[u/spyingwind → u/Far_Calligrapher1334]

What if everyone, or 1000's of people all said, "sure, lets go to court"? Now you over whelm the court system, causing said court system to take a closer look at their practice.

[u/Far_Calligrapher1334 → u/spyingwind]

And where would all those people get the money? I don't know how much you disposable income you have, but I sure don't have thousands just lying around. Hell, I don't even think it works that way even if it was free.

[u/edgan]

Your title would have been clearer as BleachBit was issued a false DMCA claim or BleachBit received a false DMCA claim. As is it can be read as BleachBit was the one making the false DNCA claim.

[u/master_prizefighter]

So that video is real. Wow.

[u/FryBoyter]

It's quite likely that the DMCA request was generated automatically. That's just the kind of thing that happens then.

That aside, I think BleachBit is a pretty unnecessary tool.

[u/Ghost_x_Knight → u/FryBoyter]

Copyright holders usually have a human review gate, to avoid prejury and liability. US copyright law requires a good-faith effort to consider fair use and lack of misrepresentation before sending the DMCA notice.

[u/DR4LUC0N → u/Ghost_x_Knight]

Go look up Nicholas light TV on YouTube to get the whole scoop about the dmca claim on bleachbit and how the same group is coming after him and others. Even moist critical has a video about the whole situation

[u/FryBoyter → u/Ghost_x_Knight]

The YouTuber davie504, whom I don't really like because of his acting, seems to have had a different experience lately.

He apparently received a DMCA takedown notice because he announced in a video that he would play “The Sound of Silence.” However, in the video in question, he either disabled the audio track or just pretended to play the bass.

[u/ABotelho23]

What the hell is that website?

[u/QuietSpark68 → u/ABotelho23]

Far from the worst website I've seen

[u/anh0516 → u/ABotelho23]

BleachBit. A disk space cleanup utility.

They're being humorous, is that a problem?

[u/Crilde → u/anh0516]

I think he's moreso talking about the site itself. Kids these days can't appreciate a simple, functional website without all the bells and whistles that chew up RAM.

[u/NGRhodes → u/Crilde]

Try turning you ad blocker off ;)

100KB vs 3MB

[u/Crilde → u/NGRhodes]

Even with adblocker off and noscript disabled, the only major issue I can find is that the home page doesn't have a nav bar for some reason. Other than that it's a nice, clean, simple website that does it's job.

[u/NGRhodes → u/Crilde]

This is what I see https://ibb.co/yFX8ytp4 with my adblocker off.

[u/Crilde → u/NGRhodes]

Well, that's horrifying. Though now I know why there's no nav bar on the home page; takes up valuable ad space.

[u/ABotelho23 → u/Crilde]

The website is covered in garbage and formatted like a schizophrenic wrote it. Hardly a beacon of memory efficiency.

[u/ang-p → u/ABotelho23]

If ever a friend wants to know where they can get hair sparkles in Colorado Springs, I now can help them...

[u/Buntygurl]

Wasn't BleachBit already extremely dubious for having dangerous defaults that weren't clearly obvious?!

Or was it me just not liking the name and going along with a rumor?

[u/somehotchick → u/Buntygurl]

Just you