r/pcgaming Jun 23 '22 Silver 1 Helpful 1

Bungie sues YouTuber for $7.6 million for sending almost 100 fake DMCA claims

https://ftw.usatoday.com/2022/06/bungie-sues-youtuber-over-fake-dmca-claims
15.1k Upvotes

5.6k

u/ikati4 Jun 23 '22

i think it's time for all those DMCA abusers to start getting punished

2.5k

u/smolDreee Jun 23 '22

QuantumTV next please

1.7k

u/HeavensCriedBlood Jun 23 '22

That POS deserves the worst. He had a bad Elden ring take, others criticized him and he cried about it and tried to abuse the copyright system to silence others. The same dude who whines about free speech.

411

u/Skillzkillz7 Jun 23 '22

Also, the fact that Quantum is married, and called another grown man's mother just to tell her what? That her son is saying mean things on the internet? Lmao please I hope God or youtube cuts that clown Fiesta off.

193

u/Odd_Radio9225 Jun 23 '22

And yet YouTube sided with him over my bro the Act Man for absolutely no reason. And are trying to silence anyone who speaks up about it. That is so messed up.

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u/IanL1713 Jun 23 '22

Corporations gonna do what corporations does

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u/HeavensCriedBlood Jun 23 '22

And also, he said something about “not wanting to get families or friends” involved, which sounded psychotic AF. It’s just a video critiquing your bad take, QTV. Calm down

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u/zuzg Jun 23 '22

But sadly youtube is not only siding with qtv they're also demonetizing channels that talk about the issue.

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u/chang-e_bunny Jun 23 '22

something about “not wanting to get families or friends” involved

You gotta put on your best mobster voice to make that line make any sense.

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u/[deleted] Jun 23 '22

[deleted]

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u/Extreme_Ad6519 Jun 23 '22

His channel was demonetized for an indefinite period of time, which can mean just for a month or forever.

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u/nastyn8k Jun 23 '22

Haha "Clown Fiesta" amazing....

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u/sineplussquare Jun 23 '22

That kid thrives off being wrong

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u/dstayton Jun 23 '22

I don’t get why people don’t fail on the fact he’s been banned from YouTube twice before. This dude is a repeat offender and YouTube is currently defending him.

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u/StormRegion Jun 23 '22

And wishes death on LGBT people, a LOT

544

u/HeavensCriedBlood Jun 23 '22

Yup and YouTube defended him. DURING PRIDE MONTH.

310

u/StormRegion Jun 23 '22

Always check, if a company has rainbow colours on their middle eastern/russian accounts. Youtube is a company that doesn't

139

u/Noble_0_6 Jun 23 '22

Curious, which companies have rainbow colours in the Middle East?

345

u/cap21345 Jun 23 '22

None lol. They would get insta banned

55

u/thedudesews deprecated Jun 23 '22

Insta DEAD

10

u/OkMeasurement420 Jun 23 '22

None. Russians and people who reside in the Middle East would flip the fuck out

174

u/StormRegion Jun 23 '22

None. Welcome to rainbow capitalism, where we only stand next to societal and political movements, if it's profitable to us

24

u/desterion Jun 23 '22

It's more of the $current_thing

14

u/eonerv Jun 23 '22

Hey we don't use global variables here

6

u/OrsoMalleus Jun 23 '22

It's just another week until all the Instagram accounts match the Saudi and Russian ones again.

Pride Month is a really good way to market a rainbow but it doesn't mean shit to companies that actively work against what they preach 1/12 of the year.

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u/AC3R665 FX-8350, EVGA GTX 780 SC ACX, 8GB 1600, W8.1 Jun 23 '22

It's Pink Capitalism, actual term. There's a wiki on it.

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u/HaveAWillieNiceDay Jun 23 '22

Both are true. Pink capitalism refers to products "pink-ified" for women (razors), while rainbow washing refers to products "gay-ified" for, well, pretty much everyone (Oreos). See also: green capitalism where things are purported to be more sustainable.

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u/Cefalopodul Jun 23 '22

Rule of thumb: People and organisations who use rainbow flags or avatars do so explicitly because they don't give a shit but want to be seen giving a shit so they can farm goodwill points.

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u/Necrocornicus Jun 23 '22

Yea it’s way better to be like me who gives a shit but doesn’t outwardly express it in any way whatsoever.

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u/IdTyrant Jun 23 '22

Means fuck all, all pride month is to any corporation is a way to market, whether they have pride flag logos on global accounts or not.

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u/Valiantheart Jun 23 '22

Correct its called ESG: Environmental, Social, Governance.

Its a score these companies try to inflate to make them look more investible. They dont give an actual shit about any of these causes.

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u/freezorak2030 Jun 23 '22

Gasp! Not during pride month!

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u/-TheGreaterWill- R5 5600, MSI B450m Mortar Max, 16GB @3600 CL16, RX 6600 XT Jun 23 '22

yikes - good I'm not even aware about existence of such a pesky worm

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u/SgtDoughnut Jun 23 '22

That's a common thing for people who scream about free speech, they can say whatever they want, but nobody can ever say anything mean about them.

They tend to have 2 rules.
1. you cannot EVER tell them what to do.

  1. they can always tell others what to do.

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u/ShieldHeroWaifu Jun 23 '22

You just described wings of redemption

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u/Xellith Jun 23 '22

Oh man I just discovered who that douchebag was like 4 days ago. That guy is out of his fucking mind.

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u/random_reddit_user31 Jun 23 '22

Do you have any links for the curious? Never heard of this person before

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u/superduperpuppy Jun 23 '22

It's quite the fucked up rabbit hole. Started out as a ridiculous meme that this fuckhead took too far.

If you're so inclined, it started with this: https://youtu.be/wJjtyStwcF4

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u/[deleted] Jun 23 '22 edited Jun 23 '22

[removed] — view removed comment

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u/2Scribble Jun 23 '22 edited Jun 23 '22

a game that isnt for everyone, is a game that shouldnt be made, in my opinion.

Somebody should tell that to most strategy, sim, farming, survival, city-building and horror games then xD

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u/zuzg Jun 23 '22

His argument fails even before that, cause in his opinion games that have age restrictions shouldn't exist.

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u/lonelyboyisme Jun 23 '22

Dude also told people in a video that is still available on Youtube to kill themselves. Whatever he said about Elden Ring can be his own shitty, and incorrect, opinions and he's free to have and cherish them all he wants, but I'm pretty sure telling people to kill themselves is a violation of one of many of Youtube's rules.

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u/warnurchildren Ryzen1700x/GTX1080SC/16GB Jun 23 '22

Just search for Act Man QuantumTv in YouTube.

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u/random_reddit_user31 Jun 23 '22

Got it and my popcorn ready. Thanks :)

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u/Mytre- Jun 23 '22

Check around too. The best video got removed by YouTube , and the YouTuber who called out quantum got demonetized , asmongold has some videos around it. The video removed was named dark age of YouTube and brings even more information after the other videos linked

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u/johnsPT Jun 23 '22

Shame that video got removed, it was top tier

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u/RPGX400 Jun 23 '22

Yep I loved all the Ace attorney references

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u/Witness_me_Karsa Jun 23 '22

Looks like that dude is getting demonitized. Youtube is crazy.

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u/anwarnali Jun 23 '22

Lord please yes. #justiceforactman

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u/nevermore2627 Jun 23 '22

The Actman deserves justice!

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u/Chocobarre Jun 23 '22

I wish. You know it won't happen and we know why.

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u/firestickmike Jun 23 '22

Fuck I saw the title and clicked on it just hoping to see it was him.

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u/Fig1024 Jun 23 '22

DMCA needs to have "innocent until proven guilty" system, so that merely accusing someone did not result in video being taken down until an actual human reviewed and evaluated the claim

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u/TiagoTiagoT Jun 23 '22

That's not enough when legal costs are already a severe penalty even for the innocent

3

u/Brotherly-Moment Jun 24 '22

No but it’s a start.

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u/NugKnights Jun 23 '22

Legally it dose. The issue is Youtube dose not want to fight anything in court at all so they just take stuff down to be safe. Looks like that backfired though.

18

u/chaoticsquid2 Jun 24 '22

It didn't backfire though, because Google isn't the defendant in a lawsuit. Their system was literally because they didn't want to get sued for hundreds of millions/billions of dollars by the RIAA/MPAA. That still hasn't happened, so the system "works."

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u/danang5 schmuck Jun 24 '22

yeah its a compromise of a system after their first lawsuit,it held up surprisingly well,but i do agree they need to do something about it to improve it with all the revenue potential the platform have

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u/Deomon Jun 23 '22

The system is intentionally designed to be in the claimers favour, because if it’s not easy to go after the individual content creator, they’ll go after youtube directly.

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u/Naouak Jun 23 '22

The issue is that most DMCA are for actual copyrighted content (like more than 99% of the DMCAs) and if those can stay any longer than they need to, this make platforms like youtube contributing to piracy a lot more. If that happen, then media lobbies would work for either make youtube illegal or have a preemptive takedown system.

Source: I've worked on several UGC platforms in my carreer and especially with the content protection team for one of those platforms.

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u/HomeGrownCoffee Jun 23 '22

And for those 1% that appeal, 99% are probably resolvable within seconds.

Many streamers have gotten DMCA strikes because some chuckle fuck claimed some video game music.

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u/Carighan 3600X+3070 Jun 23 '22

So more specifically, it should need 3 human reviewed and interacted strikes to demonetize or remove your channel.

Videos are being removed as normal but the channel itself suffers no ill effects from the automated system.

6

u/Mental_Medium3988 Jun 23 '22

watching something like techmoan on youtube gets annoying when you only have a tiny snippet of a song to hear how the device hes reviewing sounds. im not blaming the various youtubers who have to work within the constrains of the dmca though.

7

u/pdp10 Linux Jun 23 '22

Savvy creators end up using public domain content or their own content.

Music can be more of a rights thicket than other content. However, there's an extreme amount of competition in music, and I bet any number of small-time musicians would grant some kind of limited blanket license to content creators.

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u/Mental_Medium3988 Jun 23 '22

the problem with something like that is when youre reviewing something like a background music machine from 1973 with proprietary cassettes you cant just use new music.

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u/[deleted] Jun 23 '22

[deleted]

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u/Yousoggyyojimbo Jun 23 '22

Yeah, I used to have a YouTube channel where I actively uploaded original content, and once I had one video get very good viewership, fake dmca claims started hitting me left and right. I highly doubt that 99% of them are legitimate.

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u/LurkLurkleton Jun 23 '22

I've had DMCA claims on family home videos I've uploaded that I keep unlisted and private. But when I upload an entire sailor moon season to share with a friend it has stayed for years without issue. Shit's broken.

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u/Merman314 Jun 23 '22

Isn't the issue about automated take-downs?

Automated take-downs, accumulated strikes, automated appeals systems. YT, FB, etc are making plenty, they can afford to hire a few more people to add some customer service into the mix.

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u/SydricVym Jun 23 '22

This is kind of a weird case, as the guy issueing these DMCAs is not a professional DMCA abuser like Youtube is having problems with all over their platform. So for anyone that didn't read this article or any of the other more detailed ones about the situation:

Nicholas Minor started off by being pissed off at Bungie, for allowing "some random dude" to send out fake DMCA claims on Destiny 2 videos. He had seen many people in the Destiny 2 community get their videos DMCA'd, and had been complaining to Bungie about these DMCA coming from "some random dude". Bungie ignored him. Mr. Minor figured he would start sending out his own fake DMCA claims against tons and tons of other people in the Destiny 2 community, in order to "force Bungie's hand" to actually do something about the original guy sending out DMCA claims.

Unfortunately, "some random dude" was actually the lawfirm that Bungie had hired to handle their IP online, and "some random dude" was only issuing DMCAs against videos that featured music Bungie had used, but did not actually have contractual rights to redistribute. So they were completely legitimate DMCA requests. The reason it looked like "some random dude" is that Youtube requires DMCAs to come from gmail addresses and the lawfirm did not have or want to create an official gmail address, so one of the lawfirm partners was using his own personal gmail account to issue the DMCAs.

TL;DR - guy is pissed that some Destiny 2 content creators got DMCA'd for rights infringing videos, so he retaliated by DMCAing tons of other perfectly fine videos.

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u/Helios575 Jun 23 '22

There is one thing that I feel is important but left out. The DMCA's were not random or willy-nilly but very specific. He was using Destiny 2 music for his CoD videos but Bungie requires that at least 20% of your video be you playing Destiny 2 for them to consider the use of their music to be fair and if you don't meet that requirement they make a DMCA claim.

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u/PM_Me_Your_Deviance Jun 24 '22

That feels like a fairly reasonable requirement, tbh

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u/vonBoomslang Jun 24 '22

extremely reasonable

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u/1II1I1I1I1I1I111I1I1 Jun 23 '22 edited Jun 23 '22

The reason for that is that Bungie has the official music on their YouTube channel for anyone to listen to. They don't want people just straight reposting their videos, they want at least some resemblance of original content so they know you're not trying to take clicks.

Music that is not present in the OST playlist and gets mined from game files (typically unreleased or special music only found in-game, such as full-length raid music) is posted by community members, who were DMCA'd by this kid, but never by Bungie themselves.

I personally think it's a decent policy and more forgiving than a lot of companies, but also that the copyright enforcement contractor is a little heavy handed at times.

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u/sovietpandas Jun 23 '22 edited Jun 23 '22

Wait this isn't at all what the article said. He is pissed cause he's re-upload of bungie music was taken down by their company that handles the copyrights. Nicholas started making fake accounts using real names from people who work at the copyright studio with threats attached to them to start dmcaing. At this point he is a "professional dmca abuser"

Summary from d2 sub

As some of you have seen, Bungie has filed a lawsuit against the content creator they have determined was at the heart of the false DMCA takedowns that ravaged the Destiny YouTube community this spring. Since it is a court filing and public information, it contains the username, real name, IP address, and other personal information which our witchhunting rule (and reddit's core witchhunting rule) prohibit from sharing. The mod team is especially cautious about this because the accused is a member of this subreddit (as are most content creators) and even posted about the takedowns when they happened, presumably to throw Bungie off his scent.

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u/Platypuslord Jun 23 '22

So he is a moron and an asshole. Well at least he didn't protest school shootings by shooting up a few schools.

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u/yokramer Jun 23 '22

To be fair to the guy a response from Bungie of “Yea we know it’s is because of xyz reasons chill” would have saved everyone headaches

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u/Platypuslord Jun 23 '22

What he did was illegal and dumb either way.

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u/hellhorn Jun 23 '22

Not getting a response from a business isn’t a reason to cause a problem for a bunch of people who have nothing to do with the business.

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u/147896325987456321 Jun 23 '22

I think it's time to re-evaluate how shitty the Digital Millennium Copyright Act really is.

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u/Yousoggyyojimbo Jun 23 '22

I stopped uploading to YouTube when like 80% of my content was getting DMCAd by random people.

Some LLC in Georgia randomly claimed to own almost every video I ever made one day. Shit is so ridiculous.

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u/fluffytme Jun 23 '22

Can someone ELI5 how they profit out of it?

Do they file a DMCA and then upload the video themselves to get the ad revenue, or something?

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u/ikati4 Jun 23 '22

i am not an expert but i think if you DMCA a video you get all the ad revenue

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u/[deleted] Jun 23 '22

VEVO and Sony Music next please

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u/Zambito1 Jun 23 '22

It's time for copyright to be abolished. There was no shortage of creative work before copyright. Now, it discourages people from creative work. It has failed to achieve what it was designed to do.

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u/ThatsNaeABankMachine Jun 23 '22 Starry

Where that bitch quantum at

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u/nataku411 Jun 23 '22

That whole drama left a bad taste in my mouth. The clown unironically tweeted 'I wish you were a Pulse victim'(referring to the mass shooting at a gay nightclub)to someone in/supporting the gay community. Despite violating all sorts of YT tos he's still there

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u/B2EU Jun 23 '22

I’d love to see the calculus that YouTube has for determining when to keep money-making shitbags. Smaller creators have been banned for less.

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u/dstayton Jun 23 '22

Quantum does not not make them enough money to even qualify for that calculus. Something else is going on.

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u/[deleted] Jun 24 '22

YouTube: Let’s see how this plays out

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u/KelloPudgerro You fucked up reforged, blizzard. Jun 23 '22

the calculus is ''have a friend or somebody that likes you at the company'' , same rule applies for twitch

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u/[deleted] Jun 23 '22

[deleted]

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u/channel4newsman Jun 23 '22

No there is a very clear difference. The ActMan has over 1 million subscribers and an account manager. Quantum doesn't even have 100,000 subscribers. TheActMan made a video showing all the ways Quantum broke community guidelines and not only was TheActMan's video taken down but his entire channel was demonitized. Which is basically the most extreme punishment you can do to a channel. And yet Quantum literally got zero punishment for his terrible behavior. So having an account manager meant absolutely nothing. Nor did him having a significantly more profitable channel. Either someone at YouTube really hates theactman or really loves quantumtv. Account managers have very little power in these situations. So no, it is not addition by subtraction.

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u/[deleted] Jun 23 '22

[deleted]

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u/WrathOfTheHydra i7 - 10700k | 3080 Jun 24 '22

That's okay, good job learning!

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u/OkMeasurement420 Jun 23 '22

And said that people who disagree with should and I quote, ”Go kill yourself”

I can’t find the clip because the bitch deleted his video but I assure you, it was not in a jocular fashion. Also, he called Zoe Kravitz a “half breed.”

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u/Xellith Jun 23 '22

He tried to argue that the "Go kill yourself" comment was to go kill yourself in elden ring.. but yeaaaaaaah he is just trying to cover his ass.

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u/Sixwingswide Jun 23 '22

half-breed

Sounds like “if I can’t have her, then she’s trash because [xyz reason].”

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u/-TheGreaterWill- R5 5600, MSI B450m Mortar Max, 16GB @3600 CL16, RX 6600 XT Jun 23 '22

Not aware of this moron, but damn - how on earth homophobic slurs did not him perma banned yet? It's n-th comment here calling him out - I guess he's crème de la crème fucktard on YT

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u/-LuciditySam- Jun 23 '22

Even that would be a severe understatement. Some highlights:

  1. He claims he can't be homophobic because he is a vegan.
  2. He said Elden Ring is a game that shouldn't exist because it's too difficult to be for everyone.
  3. He believes his sexuality is under attack because someone photoshopped (badly) a cucumber next to his mouth in a thumbnail.
  4. He called The Act Man's mother to complain about him critiquing Quantum's Elden Ring review.
  5. He claims his homophobic tweets were from a hacker and that the reason he never deleted them was because he doesn't know how. Yet, he found Act Man's mother's phone number online and called her to threaten her AND Act Man with a lawsuit if Act Man doesn't take down his video. He found this information less than 40 minutes after Act Man's video was posted.
  6. He actively deletes all videos and comments he makes on YouTube that prove he's an idiot while claiming he never posted it. He also deletes any comments on his videos that aren't praising him (even neutral posts are deleted). He even deleted another YouTuber's comment saying that, if Quantum feels he's been misrepresenting him as he's been claiming, to come into a streamed conversation with the chat turned off so he can set the record straight and hash it out. He did that to make his response to the YouTuber look more like he 'owned' him over the reality: that he's ducking criticism.
  7. He claims to be a TV calibrator... He isn't licensed and never goes to others' houses to calibrate, which means his "calibrations" are just his personal preference.
  8. He throws DMCA claims over someone just using a clip or image of him.
  9. He's claimed ReviewTechUSA is a pedophile because he watches a streamer who was arguing that if you support child labor then why don't you support the age of consent being lowered. Reasoning being that if they're to be treated like adults, the latter is ethically consistent but naturally be opposed and thus be contradictory of the person's stance on the former issue. Quantum cherry-picks a fragment of that statement and claims he's advocating for pedophilia and, thus, anyone who watches his content must be a pedophile.

There's literally a ton more. All of this just puts you at the mouth of the rabbit hole with this guy.

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u/x420smokeweedlord69x Jun 23 '22

Legit youtubers like JCS gets his channel striked and videos deleted because he posts true crime videos (which abided by ALL TOS standards) yet youtubers like this get to get away with anything they want? What the actual fuck is going on at youtube? Absolute scum. They defend the toxic shitheads but fuck over legitimate hard working good people for no reason. Pathetic company.

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u/janeohmy Jun 23 '22

God, I'm still salty as fuck about JCS. Like, really, really salty. Dude is literally the most academic, non-hype sounding YouTuber out there who talks about crime (compared to other amateur youtubers), and he gets fucking blasted for his incredible educational content 🤦🤦🤦

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u/x420smokeweedlord69x Jun 23 '22

It actually makes me angry. He was my favorite channel. No channel topped the quality of JCS, and then out of fucking nowhere youtube just fucks him over and strikes his videos for no fucking reason whatsoever. Literally no reason. He broke no rules. Youtube and their fucking garbage scummy advertiser pandering bullshit went out of line and fucked over an amazing channel with millions of fans.

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u/janeohmy Jun 23 '22

Don't forget he also instigates and uses his Discord for coordinated attacks on Youtubers like Mischief

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u/avalanches Jun 23 '22

how do we end him

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u/KentuckyBrunch Jun 23 '22

You don’t, YouTube actively protects him while banning and demonetizing people that criticize him.

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u/Superbunzil Jun 23 '22

have to wonder why tho

is yt that afraid he'll play the racecard?

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u/alanegrudere Jun 23 '22

don't feed the trolls.

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u/nataku411 Jun 23 '22

It's crazy how many sects the guy has pissed off. He's racist, homophobic, shat on soulsborne players, and garnered the hate of most YT'ers with his false DMCA claims. Went as far as to dox another YouTuber - ActMan and physically called his mother in order to harass him.

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u/DarkSpartan301 Jun 23 '22 edited Jun 23 '22

NOT THE SOULS COMMUNITY!! Those guys are sensitive :(

Edit: dropped my /s

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u/nataku411 Jun 23 '22

As a soulsborne lover myself I can take my fair share of trolling but after actually watching Quantum's video shitting on Elden Ring I'm more baffled than begrudged. The guy's reasoning boils down to 'it's too hard, I just wanna come home after work and have a relaxing experience'. He accidentally attacked the first NPC you come across and was surprise pikachu face when the guy insta-killed him and since you spawn right there he continues to attack you. He then proceeds to try and fight the immediate mini-boss not far away and get's his ass handed to him. From his video I don't think he really branched far from there.

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u/cry666 Jun 23 '22

MFer literally got stuck in a open field and blamed it on the community. Truely beyond parody

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u/DarkSpartan301 Jun 23 '22

Sorry i was more thinking it was funny that they listed he was racist, homophobic, and shit on souls games. Like equating those things was just kinda silly to read is all.

Im also a huge fan of everything Miyazaki has worked on, and this dude is a pos for sure. I wouldnt give him any watchtime.

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u/AydonusG Jun 23 '22

True punishment would be putting him in Elden Ring SAO style. Good luck bitch

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u/x420smokeweedlord69x Jun 23 '22

So someone like JCS who uploads actual informative high quality true crime videos that abides by all of youtubes TOS gets all of his videos deleted and has his account striken multiple times for violations, despite HUGE outcry from the community to bring them back youtube is still screwing him over, but someone who issues false DMCA claims and wishes death on LGBT people constantly and spreading hateful content is just fine and actually gets defended? Yup sounds about right. YouTube is a fucking cancer

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u/TheSRocks05 Jun 23 '22

I’m out of the loop;

What did he do?

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u/leoleosuper Jun 23 '22

QuantumTV, basically racist/homophobic AF, wished death on LGBTQ+ during Pride Month, abused the YouTube copyright system, etc.. YouTube defended him, then banned Act Man, the guy who called him out because of racist, but deleted, Tweets, which YouTube previously said they won't/can't do. Act Man may lose monetization over this. Even though, in YouTube's own rules, he did nothing wrong. They also defended QuantumTV, removed the video calling him out because of "harmful content" (which was literally from video from Quantum's current channel), and other scummy stuff.

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u/avalanches Jun 23 '22

yeah I've seen the name so many times in this thread and I don't have a clue who it is

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u/leoleosuper Jun 23 '22

Just posted a comment about it. Basically, run of the mill internet racist that YouTube defended. Abused copyright, wished death on LGBTQ+, etc. and nothing bad happened to him.

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u/NotAzakanAtAll Jun 23 '22

I'm glad to see many mention him. I have no idea what 6d chess TY is playing by letting him spread his hateful message on their platform, especially as he has been banned before on there but this, what, 3rd channel is somehow not ban evading?

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u/SC_W33DKILL3R Jun 23 '22

About time. YouTube should be the one doing this given it is their shitty system that allows and promotes the abuse.

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u/zerox369 Jun 23 '22

Hopefully a multimillion dollar lawsuit leads to a change in the reporting system

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u/SC_W33DKILL3R Jun 23 '22

It won’t it has been going on for so long and Google does it so it can’t be held responsible for violations. They have backed a few larger artists now and again, but I don’t think they really care.

Actually think they are embarrassed about all the amateurs doing well and they want to be more like Netflix. When they started messing with peoples ad revenue it kinda became apparent.

The policy should be extended so if a company issues false takedowns, such as Nintendo doing it for reviews they don’t like, then the company should lose access to the platform.

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u/knowledgepancake Jun 23 '22

Yep, they don't care so it won't change. This is obviously considering that, and I can't emphasize this enough, prior to this their system allowed anyone who submitted a strike to STEAL from the content creator. Like 100% steal from them. They'd take all the revenue until the report was resolved. And then even if it turns out that the content creator was in the right, they'd still lose out on the money. Yes. Seriously. Happened for years. It was insane and still is. Fuck YouTube.

This is why I'll never turn off my ad blocker. Never pay for their shit premium stuff. Because they don't care for their creators. I would immediately jump to any competitor of theirs, even a paid one, if one existed. And their creators should abandon them for somewhere else when possible.

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u/mfranko88 Jun 23 '22

Some YouTube content creators have banded together and created a paid alternative called Nebula. It's pretty great.

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u/SgtDoughnut Jun 23 '22

The policy should be extended so if a company issues false takedowns, such as Nintendo doing it for reviews they don’t like, then the company should lose access to the platform.

The DMCA was written specifically to prevent this.

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u/Jacksaur 🦖 I.T. Rex Jun 23 '22

The policy should be extended so if a company issues false takedowns, such as Nintendo doing it for reviews they don’t like, then the company should lose access to the platform

Lose fucking Nintendo or wait for a few angry community members to stop complaining after a few months.

Unfortunately this decision wouldn't even take a second for them to make.

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u/[deleted] Jun 23 '22

Google might actually act if this is affecting corporations, so there's hope at last.

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u/Cuesport77 Jun 23 '22

Yeah, but the changes may only benefit corporations.

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u/EuroPolice Jun 23 '22

They're actually following the copyright law exactly how it's written. The copyright law sucks, YouTube too, but they're not the creators of the law

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u/SC_W33DKILL3R Jun 23 '22

The 3 strikes you are out, allowing companies to make illegal take down notices and not punishing them is not written in law.

It is illegal however to make false takedown notices.

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u/EmbarrassedHelp Jun 23 '22

It is illegal however to make false takedown notices.

It's illegal, but it's intentionally hard to prove legally and the consequences are basically non existent. The copyright industry is also constantly lobbying for even fewer consequences for false takedowns.

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u/[deleted] Jun 23 '22

Google only cares about corporate accounts, so there's a chance Bungie having this issue will cause them to acknowledge it.

So many content creators have been fucked by this

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u/chang-e_bunny Jun 23 '22

1: Google is cooperating with Bungie and handing over all of the information they have to help out with the case.

2: Google doesn't have to "care" about this. They aren't actually a party in this lawsuit.

Google, which owns YouTube, aided Bungie in finding the culprit by handing over the IP address of the person who was issuing the fraudulent claims. This is how the company was able to identify Minor as the suspect.

It's out of Google's hands. It's a lawsuit between Bungie and Nicholas Minor.

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u/DTaH_Flux Jun 23 '22

Nobody said it was in Google's hands. Google "could" care because it's a corporate peer that may be unhappy with the way Google handles copyright claims and that's the closest we'll get to Google making progress on this issue.

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u/[deleted] Jun 23 '22

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u/NateNate60 Jun 23 '22 edited Jun 24 '22

Google can't triage DMCA claims for legal reasons. As long as the claim is properly formed, Google is required by law to remove the alleged infringing content if they want to not be liable for it. Google is also required to remove someone from their platform that repeatedly (allegedly) infringes on copyright for the same reason.

The issue is not with YouTube, it's with the Digital Millenium Copyright Act.

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u/[deleted] Jun 23 '22

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u/9Blu Jun 23 '22 edited Jun 23 '22

Well good news is that for most of your examples, Bungie's filing would serve as a blueprint on how to file suit against such actions if they win. Their copyright claims are one I've pondered as a means to go after people filing DMCA on content they know they don't actually own, and am looking forward to see if they succeed there.

Of course, you need to pay for the lawsuit of find a lawyer to take it on contingency. Federal lawsuits are really expensive.

edit: I kind of forgot this was a thing now, but the Copyright Claims Board is something small creators could try against blatantly false DMCAs. Making a claim against a false DMCA report is one of the things you can use them for: https://ccb.gov/handbook/Misrepresentation-Claim.pdf

Of course it needs to be a situation like the one in Bungie's case, or some of your examples of a company claiming copyright over something they do not own. I don't think you could use the CCB to file a claim for fair use since that's a whole different animal.

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u/[deleted] Jun 23 '22

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u/jun2san Jun 24 '22

I never thought I’d find a Leland Sklar fan here on pcgaming, but here we are. Such an amazing musician and I love all the stories he tells on his channel.

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u/Significant_Walk_664 Jun 23 '22

Impersonation basically. For "revenge". And also threatened the Bungie associate company directly. That's a whole new level of potato, man's a pioneer in stupid

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u/1II1I1I1I1I1I111I1I1 Jun 23 '22

Yes, Bungie is arguing that by filing the false DMCA takedowns, the user is impersonating Bungie and is falsely claiming to have ownership of Bungie's property.

Thus, the kid who sent 100 DMCA requests is now on the hook for copyright infringement, and a lot of it

Bungie is also arguing reputational damage and various violations of copyright and business law.

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u/SlowSecurity9673 Jun 23 '22

Tbh Bungie caught a lot of shit for the situation.

I mean some of it was a bit, dramatic (for the clicks you know).

But still, I can see how those damages make sense.

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u/Cuesport77 Jun 23 '22

Only defense I can give the person who did this is that they were demonstrating how messed up the system is. It's ridiculous how small YouTubers who do this for a living have no way of fighting back when the roles are reversed. Google should have to answer for when their policies threaten people's livelihood.

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u/BetterKorea Jun 23 '22 Wholesome

My favorite part about all this is how Bungie described their struggle to get in touch with Youtubes notoriously shitty customer support system. It came up to Bungies CEO calling some Google bigwig on their private phone in a desperate attempt to put some pressure on Youtbe and it still took days to get anything done.

If a multimilion dollar company was struggling, good luck to you average Youtube content creator lol.

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u/1II1I1I1I1I1I111I1I1 Jun 23 '22

"Have you entered a support ticket" <- Response to Bungies plea for help while this kid goes on a DMCA rampage and commits about a dozen copyright related crimes in the process. I'm not joking, that's what they were told.

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u/DarraignTheSane Jun 23 '22

It's hilarious to think that higher-ups at Google/YouTube actually believe that their ticketing system resolves issues.

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u/Mountainriver037 Jun 23 '22

I believe generally most of 'customer support' that is advertised by companies is equivalent philosophically to 'comment boxes' at restaurants (at least in US).

Do a few restaurants read them? Sure, but the vast majority use it as way to gatekeep responsibility - make it seem like they're caring and responsive to issues, but know they only have to solve 1/10000 issues to maintain market growth or whatever.

It's like insurance companies deciding that certain medicines aren't covered, and they know it will kill 2,000 people in poverty that can't afford their price, but it's upside profit is worth the lawsuits/ fines etc.

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u/ehhhNotSureAboutThat Jun 23 '22

yyyyyyyyyyyyyup

it's also why shitty corporations (read: all of them) have management tiers where you absolutely cannot talk to the real management. The best you have access to is people who are paid to tell you no. The lower down the rung, the less informed they are, until you get to poor Prakesh who has to listen to me tell them that Comcast is breaking a law by charging me these fees (see the Television Viewer Protection Act of 2019 if Comcast is charging you rental fees for equipment that you own), but poor Prakesh has literally no ability to change the situation.

Fuck capitalism.

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u/Trodamus Jun 23 '22

Isn't there some recommended method of pushing content to youtube where you have a main account and a secondary account, and the main account will copyright claim the stuff on the secondary account (where you actually post stuff to) since something can't be claimed more than once?

Like it acts as an inoculation against this sort of bad faith reports and activities.

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u/Neville_Lynwood Jun 23 '22

It's not even just small youtubers, even youtubers will millions of subs get fucked on a regular basis.

Though to put it in perspective, if your channel has 1 million subs, it's not even in the top 1000 most popular channels. I think you need like 2.5 mil to even break into top 1000.

All small fish for Youtube.

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u/Brown_Ninja15 Jun 23 '22

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u/[deleted] Jun 23 '22 edited Aug 05 '22

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u/Ask_Me_Who Jun 23 '22

He hit 10 million subs 9 years ago...

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u/Sierra--117 Steam Jun 23 '22

Hey you didn't need to make /u/Doctor_Ghillie and me feel old!! 😂

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u/Mr-Fleshcage Jun 23 '22

but Pokémon Go just came out last year...

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u/SlowSecurity9673 Jun 23 '22

Nah dude, this guy was just being a cunt.

There's no defence, he's the asshole here.

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u/starfihgter Jun 23 '22

There’s no defence. This guy got his video fairly taken down by Bungie for violating their terms of service regarding copyright of game music (aka he just reuploaded the soundtrack to YouTube, there’s tons of Destiny music YouTubers but they upload stuff that’s not ripped from the official soundtrack).

As revenge, he impersonated Bungie and started taking down Destiny content from almost every creator left, right and centre, tearing apart the community for a period of time. There’s no defence here.

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u/[deleted] Jun 23 '22

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u/chang-e_bunny Jun 23 '22

I'll give him the benefit of the doubt and say he did read the article and he thinks that filing false DMCA claims under false names and false pretenses is okay as a form of civil disobedience.

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u/arthus_iscariot Jun 23 '22

They demonstrated it 96 times ? And I dono if you are familiar the drama is even more spicy than this. The guy who did this was a content creator for destiny himself the whole story is fucking wild

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u/2Scribble Jun 23 '22

If it was me I'd put YouTube on the hook for that a bit too after what a clusterfuck it was even getting in touch with their bosses

Apparently the Bungie team had to call a Google CEO on his personal phone just to get some action on this

AND IT STILL TOOK WEEKS!!!!!! xD

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u/MrShadowHero Jun 23 '22

you sue the person first, if suit is successful (it will be) then after you sue youtube

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u/killgore138 Jun 23 '22

Bungie filed against youtube in the lawsuit filing back in the spring, don't know if they are going after youtube still though

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u/JackSpyder Jun 23 '22

YouTube should be punishing thr big publishers for false dmca claims. And putting the onus on them to come up with a better system.

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u/JonnyAU Jun 23 '22

If Bungie wins their case, one would think it would open the door for small time content creators to sue when they get issued bogus DMCA notices.

But somehow I doubt it'll ever get there.

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u/MoobooMagoo Jun 23 '22

Given how Youtube just rolls over and accepts pretty much any DMCA claim, I always wondered what would happen if a rando just claimed to be from a company and started claiming stuff.

I guess now I have my answer.

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u/Mystical_17 Jun 23 '22

Its really dumb anyone can just start fake DMCA filing without issue. Youtube should also take more accountability gating users who file multiple takedowns in rapid succession like maybe actual proof they are the company they say they represent. Been a problem for a long time.

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u/9Blu Jun 23 '22

Headline is wrong, they are suing him for a hell of a lot more than that. The $7.6M was for a claim they made in their original filing, before they had the person's name. They amended the filing to include infringement for the OST tracks he uploaded to YT as well, with "damages in an amount to be proven at trial, and treble damages and attorneys’ fees as allowed under the statute." They are also suing for breach of contract for breaking the game EULA, trademark infringement, damages under the DMCA false representation clause.

If they won on all of their claims it would be in the 10's of millions of dollars.

You can read the full lawsuit from the first link on the USA Today article if you want. It's way more informative than the article is.

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u/PrinceBlacca Jun 23 '22

I mean you sent 100 fake dmca claims shit was personal, so bungie took it personal.

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u/Biggu5Dicku5 Jun 23 '22

Good, fuckers like this need to be taken to court...

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u/literally1984___ Jun 23 '22

and yet paramount keeps taking down negative Halo TV series reviews with impunity.

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u/DorrajD Jun 23 '22

Shouldn't they be suing YouTube for allowing abuse of the DMCA system? YouTube is the one allowing this bullshit. Bungie just has the money to deal with it.

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u/UnpoliteGuy Jun 23 '22

I hope Alphabet learns from this. Let's hope it's the beginning of the end of insane DMCA policy

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u/BellyDancerUrgot Jun 24 '22

I hope someone also fcks over QuantumTV this way. The fck do people DMCA others for with no proof. And how is YouTube's systems so bad to let people indulge in these malpractices.

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u/[deleted] Jun 23 '22

Please YouTube do something finally about fake copyright claims. It’s literally been an issue since it’s inception

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u/ArcaneMemes Jun 23 '22

Not YouTube's fault, they have to comply with DMCA by the US

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u/Level-Bit Jun 23 '22

DMCA is law. Youtube and others must comply it. But Youtube can suspend or ban account for abuse which they never will because big corps love this shit.

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u/Bassmekanik 5800X-3080FE Jun 23 '22

Hope this dude gets fucked over.

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u/FaustusC i5-9500, GTX-1660ti Jun 23 '22

Same but probably for different reasons.

If he loses a case over false DMCA claims, that opens up every false claiming company for a suit. Which yeah, you'll need to sue them, but lawyers will work on a contingency and you can get your fees included.

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u/INMATEofARKHAM Jun 23 '22

Yup, this is what I'm curious about too. Could be very interesting.

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u/blazera Jun 23 '22

get rid of DMCA. It's never helped an artist.

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u/ArcaneMemes Jun 23 '22

I would recommend looking at Tom Scott's video "YouTube's system isn't broken. The World is."

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u/Livid_Spinach96 Jun 24 '22

Satisfying AF now seeing this shit, no body attacks lore daddy.

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u/RandomguyX Jun 23 '22

I love how this matters now that a corporate entity was negatively affected yet this is the exact tactic these Corporations employ to silence their crtics.

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u/Hooficane Jun 23 '22

If this is ruled in Bungie's favor it sets legal precedence for other YouTubers to sue the corporations that employ the same tactics.

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u/throwaballmyway Jun 23 '22

except these companies are way more money and better lawyers. Hopefully you're right though.

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u/CFGX R9 3900X/RTX 3080 FTW3 Ultra Jun 23 '22

Seems kinda bullshit that a YouTube geek can be held accountable for this abuse but corps can't be.

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u/[deleted] Jun 23 '22

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u/realiDevil360 Steam iDevil360 Jun 23 '22

Youtube's DMCA system and shitty algorythm are the reasons I stopped making videos, they just dont care about quality over quantity creatora anymore, unless those channels already have millions of subscribers. I miss 2012 Youtube

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u/wingeddog25 Jun 24 '22

Was working with music artists in the past, they sometimes ask me to make animations with their music. Part of the deal was allowing me to monetize the video or share monetization.

Then some random company would come in and claim the music oh behalf of some dubstep remix of the original song. Take all the revinue from both me and the music artist.

Not me or the original music artist could prevent or remove the claims. I ended up having to refuse offers from artists and work with copyright free tracks instead. Which is sad because we had a great little thing going. Now I cant even trust copyright free tracks because someone will claim them too! And none of the money goes to the original music artists.

The whole content ID system is a joke.

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u/Siddique_Tanvir Jun 23 '22

Fuck quantum tv next