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Grammy award-winning musician Maria Schneider and Virgin Islands-based Pirate Monitor Ltd teamed up in the summer to file a class-action lawsuit against YouTube.

In an effort to gain access to YouTube’s Content ID system, the complaint stated that YouTube has an allegedly lax attitude to takedown notices and repeat infringers, and discriminates against smaller creators.

Schneider told the court that a number of her songs had been posted to YouTube without her permission. Pirate Monitor Ltd argued similarly, stating that pirated copies of its works had been uploaded to the site. Both further said they had been denied access to Content ID.

In its response, YouTube focused on Pirate Monitor, alleging that the company or its agents uploaded the ‘pirate’ movies and then claimed mass infringement, something which disqualified them from accessing Content ID.

“YouTube Failed to Provide Evidence”

In a motion to dismiss filed in November, Pirate Monitor said YouTube had provided no “hard evidence” to back up these damaging claims, demanding that the court disregard the allegations and reject calls for the right to an injunction to prevent Pirate Monitor from submitting wrongful DMCA notices in the future.

At the time we noted that it was unlikely that YouTube had simply pulled its claims out of thin air and in an opposition to dismiss Pirate Monitor’s counterclaims, YouTube now provides a taster of some of the supporting evidence it has on file.

Motion to Dismiss Counterclaims

“Pirate Monitor devised an elaborate scheme to prove itself sufficiently trustworthy to use YouTube’s advanced copyright management tools,” YouTube begins.

“Through agents using pseudonyms to hide their identities, Pirate Monitor uploaded some two thousand videos to YouTube, each time representing that the content did not infringe anyone’s copyright. Shortly thereafter, Pirate Monitor invoked the notice-and-takedown provisions of the Digital Millennium Copyright Act to demand that YouTube remove the same videos its agents had just uploaded.”

YouTube notes that Pirate Monitor has still not disputed these claims but has nevertheless moved to dismiss, arguing that YouTube should provide detailed evidence to support its allegations. According to YouTube, it does not have to do that at this early stage but nevertheless highlights some key evidence to show foul play.

Suspicious Uploads

In all, YouTube processed nearly 2,000 DMCA notices it received by Pirate Monitor in the fall of 2019. All of the targeted videos had a uniform length, around 30 seconds each, generated from “obscure Hungarian movies”. They had been uploaded in bulk from users with IP addresses allocated to Pakistan.

“That alone was suspicious, there is no obvious reason why short clips from relatively unknown Hungarian-language movies should be uploaded to YouTube from accounts and devices in Pakistan,” YouTube writes.

Furthermore, YouTube notes that the videos were uploaded by users with similar names, such as RansomNova11 and RansomNova12, who gave the clips nondescript titles. Perhaps even more telling, the takedown notices were sent soon after the videos were uploaded, sometimes before the videos had been seen by anyone.

While the nature of the uploads is indeed suspicious, YouTube says that it also found what it describes as a “smoking gun”, i.e evidence that the uploads and DMCA notices were being sent by the same entity.

The Smoking Gun

“After considerable digging, YouTube found a smoking gun. In November 2019, amidst a raft of takedown notices from Pirate Monitor, one of the ‘RansomNova’ users that had been uploading clips via IP addresses in Pakistan logged into their YouTube account from a computer connected to the Internet via an IP address in Hungary,” YouTube explains.

“Pirate Monitor had been sending YouTube its takedown notices from a computer assigned that very same unique numeric address in Hungary. Simply put, whoever RansomNova is, he or she was sharing Pirate Monitor’s computer and/or Internet connection, and doing so at the same time Pirate Monitor was using the same computer and/or connection to send YouTube takedown notices.”

To counter Pirate Monitor’s claims that not enough evidence has been provided, YouTube says that a party is not required to prove its entire case in its complaint and the relevant rules do not allow Pirate Monitor to escape any accounting for fraudulent and illegal conduct by “concealing the identity of its agents and obscuring its connection to them.”

Specifically, however, YouTube says it has already answered the “who, what, where and when?” questions Pirate Monitor claims YouTube has not answered. The “who” is Pirate Monitor, the “what” is Pirate Monitor’s allegedly fraudulent representations, the “where” is YouTube’s website, and the “when” is from August 2019 to November 2019.

“For these reasons, Pirate Monitor’s motion to dismiss should be denied,” YouTube’s legal team writes.

The opposition to Pirate Monitor’s motion to dismiss can be found here (pdf)

From: TF , for the latest news on copyright battles, piracy and more. We have some good VPN deals here for the holidays.

With millions of users uploading huge quantities of content every day, YouTube is the largest video platform on the planet.

Of course, not all of this content is licensed for upload and as a result, YouTube regularly finds itself at the center of copyright holder disputes. Usually, complaints are handled with a Content ID match or a straightforward takedown process but some content creators prefer to take things a little further.

Creator of TV Show Cheaters Takes Legal Action

Controversial reality TV show Cheaters deploys its own ‘Cheaters Detective Agency’ to carry out investigations on behalf of individuals who suspect their partners are committing adultery and similar infidelities. Created by writer Bobby Goldstein, Cheaters launched in 2000 and has reached season 19, airing on various legal TV outlets around the world.

However, there are many hundreds of Cheaters episodes available on YouTube too, uploaded by users in breach of copyright. Collectively these videos have been viewed millions of times and for Bobby Goldstein Productions (BGP), the owner and rightsholder of more than 227 Cheaters episodes, enough is enough.

In an application for a DMCA subpoena filed against YouTube in a Texas court, BGP attorney Jeffrey R. Bragalone is now seeking to obtain the identities of more than two dozen YouTube account holders who uploaded Cheaters episodes to the video platform, so that the company may enforce its rights.

DMCA Takedown Notice

The application begins by reminding YouTube of its legal position, noting that since it displayed and reproduced infringing episodes, it may be liable to hand over all of the profits it generated from them. Alternatively, under 17 U.S.C. § 504(c), YouTube may be liable for statutory damages of up to $150,000 per infringing work.

BGP’s attorney then issues a formal demand to YouTube, demanding that it immediately cease-and-desists from hosting and displaying the episodes in question, noting that failure to comply will be considered as evidence of willful intent in the event of a lawsuit.

At the time of writing and after testing a sample of the URLs listed by the company, the allegedly infringing videos (including the small selection in the image above) appear to remain live on YouTube but given the official nature of the complaint, that position is likely to change in the coming days. Nevertheless, a simple takedown won’t be enough to fulfill the requirements of the subpoena.

Disclose User Identities and Preserve Evidence

In the first instance, BGP is seeking to find out the identities behind the YouTube user accounts that uploaded the infringing videos. There are more than two dozen in total, some of which are dedicated to the show, some that offer various TV shows and movies, and others that appear to have uploaded episodes in a less organized fashion.

Regardless of type, BGP is demanding that YouTube provides documentation to show “all registration information, account information, billing information, payment information, or other identifying information associated with the YouTube accounts” including their “name(s), address(es), telephone number(s), email address(es), and account number(s) associated with each account, and the Internet Protocol addresses (including time stamps) used to create each account, access each account, or upload the material” for each of the supplied URLs.

In addition to user information, BGP is also seeking information that could be helpful should it file lawsuits against the listed YouTube users and potentially the platform itself in the unlikely event content isn’t taken down. The requested evidence includes the total page views and/or downloads of the infringing URLs/videos, plus an account of total revenues and gross profits relating to the display of the offending material, including all advertising and/or affiliate revenue.

“This information must be provided with accompanying documentation, including financial and other business records, supporting the responses given to these questions,” the DMCA subpoena application reads.

In addition, BGP is demanding that YouTube preserves all communications relating to the videos, including emails, voicemails and instant messaging, any and all related documents, network access and server activity logs, plus any other relevant information.

“Should you fail or refuse to take down the Subject Videos, our client will have no choice but to file a complaint against your company seeking immediate injunctive relief, as well as compensatory, statutory, and punitive damages, attorney’s fees, and costs,” BGP concludes.

After being filed earlier this week, the case was reviewed by Judge Rodney Gilstrap. In his order, he noted that BGP had complied with all of the components required to obtain a subpoena. So, in an order issued Wednesday, the Judge ordered YouTube to comply by supplying the information sought.

The related documents can be found here ( 1 , 2 , 3 . Judge’s order here )

From: TF , for the latest news on copyright battles, piracy and more. We have some good VPN deals here for the holidays.

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For the last month, President Donald Trump and his allies have tried to cast doubt on President-elect Joe Biden's victory in the presidential election. However, they've failed to produce evidence of irregularities in Pennsylvania, Michigan, Georgia, or other states sufficient to overcome Biden's substantial lead in the electoral college. Now YouTube says it has had enough.

"We will start removing any piece of content uploaded today (or anytime after) that misleads people by alleging that widespread fraud or errors changed the outcome of the 2020 US Presidential election," the Google-owned service announced .

YouTube acknowledged that it had previously allowed the airing of "controversial views on the outcome or process of counting votes of a current election as election officials have worked to finalize counts." But now that most of Trump's legal challenges have been thrown out of court , YouTube says that the legitimacy of Biden's election is no longer up for debate.

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Abonnez-vous à notre chaîne YouTube pour ne manquer aucune vidéo !

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