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Allen Asch's profile photoFred von Lohmann's profile photo
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I've been a member of the EFF for years, especially because of the EFF's great work fighting for fair use. On that issue, I really enjoyed your March 2010 analysis of the fair use problems with YouTube's Content ID software titled "YouTube's Content ID (C)ensorship Problem Illustrated" at https://www.eff.org/deeplinks/2010/03/youtubes-content-id-c-ensorship-problem

Unfortunately, the fair use problems with YouTube's Content ID software are even worse than you described last year. The dispute process you saw as partially mitigating problems with Content ID actually results in a dead end that allows copyright holders to unilaterally "confirm" a Content ID claim, with no DMCA takedown required and no possibility for the accused to dispute the claim. You can see these problems described in graphic detail by law student +Patrick McKay at http://fairusetube.org/youtube-copyfraud

I also have a history of fighting for fair use on YouTube. I've been making political commentary and media analysis videos on YouTube using fair use clips for over 5 years, for over 4 years as a YouTube partner. I'm also Vice Chair of the Board of Directors of the ACLU of Northern California where I got some help getting YouTube to be more accepting of fair use as you can see described at http://www.aclunc.org/issues/technology/blog/playing_fair_on_youtube.shtml

Recently, however, I've had multiple YouTube videos targeted by the Content ID software and my attempts to dispute Content ID claims have reached that dead end where the copyright holder doesn't have to back up the claim with a DMCA takedown notice, just as law student +Patrick McKay described. I'm hoping that now that you have moved from EFF to Google, there may be something you can do about this Content ID problem for fair use.

I'm sorry to contact you in this manner, but it's the only way I found.
 
+Allen Asch Yes, we're aware of that problem in the Content ID dispute process and are looking at what we can do to fix it. It's the result of a complicated collision of how to handle geographically limited Content ID claims, disputes, and global DMCA removals. Turns out to be a hard problem to figure out. But we're thinking on it.
 
+Fred von Lohmann Thanks for the response! I don't pretend to have the expertise to understand all those complicated interactions between US and international law, I just know videos I worked hard to create are being monetized by others based on false copyright claims. It is comforting, at least, to hear that Google is thinking on it, especially hearing it from you with your EFF background.
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