Corante

AUTHORS

Donna Wentworth
( Archive | Home | Technorati Profile)

Ernest Miller
( Archive | Home )

Elizabeth Rader
( Archive | Home )

Jason Schultz
( Archive | Home )

Wendy Seltzer
( Archive | Home | Technorati Profile )

Aaron Swartz
( Archive | Home )

Alan Wexelblat
( Archive | Home )

About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

COPYFIGHTERS
a Typical Joe
Academic Copyright
Jack Balkin
John Perry Barlow
Benlog
beSpacific
bIPlog
Blogaritaville
Blogbook IP
BoingBoing
David Bollier
James Boyle
Robert Boynton
Brad Ideas
Ren Bucholz
Cabalamat: Digital Rights
Cinema Minima
CoCo
Commons-blog
Consensus @ Lawyerpoint
Copyfighter's Musings
Copyfutures
Copyright Readings
Copyrighteous
CopyrightWatch Canada
Susan Crawford
Walt Crawford
Creative Commons
Cruelty to Analog
Culture Cat
Deep Links
Derivative Work
Detritus
Julian Dibbell
DigitalConsumer
Digital Copyright Canada
Displacement of Concepts
Downhill Battle
DTM:<|
Electrolite
Exploded Library
Bret Fausett
Edward Felten - Freedom to Tinker
Edward Felten - Dashlog
Frank Field
Seth Finkelstein
Brian Flemming
Frankston, Reed
Free Culture
Free Range Librarian
Michael Froomkin
Michael Geist
Michael Geist's BNA News
Dan Gillmor
Mike Godwin
Joe Gratz
GrepLaw
James Grimmelmann
GrokLaw
Groklaw News
Matt Haughey
Erik J. Heels
ICANNWatch.org
Illegal-art.org
Induce Act blog
Inter Alia
IP & Social Justice
IPac blog
IPTAblog
Joi Ito
Jon Johansen
JD Lasica
LawMeme.org
Legal Theory Blog
Lenz Blog
Larry Lessig
Jessica Litman
James Love
Alex Macgillivray
Madisonian Theory
Maison Bisson
Kevin Marks
Tim Marman
Matt Rolls a Hoover
miniLinks
Mary Minow
Declan McCullagh
Eben Moglen
Dan Moniz
Napsterization
Nerdlaw
NQB
Danny O'Brien
Open Access
Open Codex
John Palfrey
Chris Palmer
Promote the Progress
PK News
PVR Blog
Eric Raymond
Joseph Reagle
Recording Industry vs. the People
Lisa Rein
Thomas Roessler
Seth Schoen
Doc Searls
Seb's Open Research
Shifted Librarian
Doug Simpson
Slapnose
Slashdot.org
Stay Free! Daily
Sarah Stirland
Swarthmore Coalition
Tech Law Advisor
Technology Liberation Front
Teleread
Siva Vaidhyanathan
Vertical Hold
Kim Weatherall
Weblogg-ed
David Weinberger
Matthew Yglesias

LINKABLE + THINKABLE
AKMA
Timothy Armstrong
Bag and Baggage
Charles Bailey
Beltway Blogroll
Between Lawyers
Blawg Channel
bk
Chief Blogging Officer
Drew Clark
Chris Cohen
Crawlspace
Crooked Timber
Daily Whirl
Dead Parrots Society
Delaware Law Office
J. Bradford DeLong
Betsy Devine
Dispositive
Ben Edelman
EEJD
Ernie the Attorney
FedLawyerGuy
Foreword
How Appealing
Industry Standard
IP Democracy
IPnewsblog
IP Watch
Dennis Kennedy
Rick Klau
Wendy Koslow
Kuro5hin.org
Elizabeth L. Lawley
Jerry Lawson
Legal Reader
Likelihood of Confusion
Chris Locke
Derek Lowe
Misbehaving
MIT Tech Review
NewsGrist
OtherMag
Paper Chase
Frank Paynter
PHOSITA
Scott Rosenberg
Scrivener's Error
Jeneane Sessum
Silent Lucidity
Smart Mobs
Trademark Blog
Eugene Volokh
Kevin Werbach

ORGANIZATIONS
ARL
Berkman @ Harvard
CDT
Chilling Effects
CIS @ Stanford
CPSR
Copyright Reform
Creative Commons
DigitalConsumer.org
DFC
EFF
EPIC
FIPR
FCC
FEPP
FSF
Global Internet Proj.
ICANN
IETF
ILPF
Info Commons
IP Justice
ISP @ Yale
NY for Fair Use
Open Content
PFF
Public Knowledge
Shidler Center @ UW
Tech Center @ GMU
U. Maine Tech Law Center
US Copyright Office
US Dept. of Justice
US Patent Office
W3C


In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Copyfight

« Elsevier Upping the Ante in its Opposition to Academics | Main | Aereo Declines to Oppose Cert Motion »

December 12, 2013

YouTube Steps Up Copyright Battle Against Game Channels

Email This Entry

Posted by Alan Wexelblat

Earlier this week Polygon reported that a copyright blitz has begun against a variety of YouTube content related to or showing gaming material. Words like "blitz" and "copyright notice storm" are appearing around the Web as journalists try to figure out what suddenly caused YouTube to send out tens of thousands of copyright notifications.

The affected content includes everything from straight-up reviews of games to how-to/strategy guide videos to the wildly popular "Let's Play"-type productions. It's been rumored for some months that YouTube would be going after some of the most egregious video producers, people who put more or less raw game footage online without any added commentary or consumer value. But this action appears to have been much more widespread than anyone expected.

To make matters worse, video owners are reporting that some of the copyright claims appear to have originated with entities that have no connection to the claimed content. It's not clear if this is a malfunction in YouTube's automated Content ID system - which is essentially what YouTube is claiming - or if it's greedy actors jumping on a bandwagon. False copyright claims are not just a problem for the video producers, as Polygon reports that some gaming companies such as Capcom do not want to see other entities trying to claim copyright control over Capcom gaming property. Other major gaming companies such as Ubisoft and Blizzard have tried to reassure video producers that this was not their doing and urged people who have gotten these notices to contest them.

This incident is calling new attention to the murky areas in which this content lives. Nobody is disputing that the gaming companies own the source gaming video and audio material. Nobody is disputing that some of these video producers make money through selling ads associated with their videos. But that doesn't tell us what's legal and what's not. Some amount of this material is likely to be covered under fair use. Other video material may use a sufficiently small amount of copyright content as to be judged non-infringing. Still more of the video material adds value or is transformative in ways that courts have generally found to be acceptable.

Beyond the legal questions there are also practical questions. Gaming companies get, essentially, a lot of free advertising through third-party-produced gaming videos. Sometimes those videos can be the top search results because people like them and link to them more than to official videos. High search-result ranking is also a value. Practically, then, does it make sense for gaming companies to try to rein in people who are encouraging others to play those companies' games?

Judging from the game companies' responses they seem to think "No," which has led (at least as I read the gaming buzz) to a lot of rumors that YouTube is just actively covering its ass in case of future claims.

Comments (0) + TrackBacks (0) | Category: IP Markets and Monopolies


POST A COMMENT




Remember Me?



EMAIL THIS ENTRY TO A FRIEND

Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES
Is There an Independent "Right of Performance"?
Did the Director-General of WIPO Steal Employee DNA Samples?
More Evidence People Don't Learn from the Past
Phoenix (music) Supports Free Use
Robo-Papers "Flooding" Academic Conferences
Apple Appeals
Who's Taking All That Money?
Pointing the Troll Finger in the Correct Direction