LinusTechTips suspended from Twitch [Now unbanned]

[miguelr]

1 minute ago, iamdarkyoshi said:

Which will likely end up dying in about 10 minutes

I wouldn't give them that much credit.... They will mess *something* up.

[RyzenUp]

YouTube's stupid rules have infected twitch 

[Spotty]

2 minutes ago, iamdarkyoshi said:

Which will likely end up dying in about 10 minutes

".... AAAAannnd we're live! Roll the intro..."
<Linus Tech Tips has stopped streaming>

[MrRavens]

I guess his nipples WAAAAAY back when, caught up with him huh? xP

[Taf the Ghost]

1 minute ago, LtRavens said:

I guess his nipples WAAAAAY back when, caught up with him huh? xP

It's fun to laugh about, but DMCA Takedown means someone with IP Rights filed a complaint.

[MrRavens]

Just now, Taf the Ghost said:

It's fun to laugh about, but DMCA Takedown means someone with IP Rights filed a complaint.

Oh wow. (O_O )

[Taf the Ghost]

2 minutes ago, LtRavens said:

Oh wow. (O_O )

We don't know if it's an automated system. If it is, then it's likely something like YouTube's ContentID. DMCA Takedowns are actually legal moves, but they require proof on the filer's side. Which is why most of them aren't actually formal DMCA moves.

[PineyCreek]

6 minutes ago, Taf the Ghost said:

It's fun to laugh about, but DMCA Takedown means someone with IP Rights filed a complaint.

Or someone filed a fake claim, essentially committing perjury.

[Skiiwee29]

This just in:

 

 

 

[Spotty]

1 minute ago, Skiiwee29 said:

This just in:

Cool

I just checked and the twitch channel is still down currently and they aren't appearing in my followed channels, so I think it's safe to say [for now] the ban is still in place.
Hopefully we will soon get a reason for the initial suspension.

[Skiiwee29]

@Spotty

 

[Spotty]

1 minute ago, Skiiwee29 said:

@Spotty

 

Thanks, updated the original post to include this and the previous tweet.

Sounds like they may just have to wait the suspension out?

[Skiiwee29]

2 minutes ago, Spotty said:

Thanks, updated the original post to include this and the previous tweet.

Sounds like they may just have to wait the suspension out?

It will be interesting and this is where @jmart604 will come in to play with his American law degree on giving advice to Linus and crew on how to navigate this once they are able to figure out what triggered the DCMA take down. 

[Skiiwee29]

1 minute ago, Arokhantos said:

Why streaming still on twitch tbh why not take it to youtube ? heck you could even stream both platforms at same time, i know some have done it.

Twitch is actually much better for streaming and its streamers than YT in the long run. This is the first time I have seen a DCMA take down on twitch truthfully. Usually they just mute the VODs where a DCMA would apply when it comes to things, especially music. 

[JoostinOnline]

1 hour ago, Rune said:

[brought to you by the first WAN Show on Youtube Live!]

Or Floatplane

[Spotty]

Just now, Skiiwee29 said:

It will be interesting and this is where @jmart604 will come in to play with his American law degree on giving advice to Linus and crew on how to navigate this once they are able to figure out what triggered the DCMA take down. 

Honestly, it might not be worth their time following the rabbit down that legal hole. Even with an in-house legal adviser (or whatever official role John has), it might not be worth pursuing. Just the lost time from taking John off of other projects may make it not feasible. We might see John covering some legal points about it on the WAN show (if there is one), but that's probably about it.

I think LinusTechTips was lucky in the sense that the suspension occurred outside their regular broadcast hours. If this occurred (or does occur in the future) when the WAN show is live, it will be much more disruptive.

[Skiiwee29]

Just now, Spotty said:

Honestly, it might not be worth their time following the rabbit down that legal hole. Even with an in-house legal adviser (or whatever official role John has), it might not be worth pursuing. Just the lost time from taking John off of other projects may make it not feasible. We might see John covering some legal points about it on the WAN show (if there is one), but that's probably about it.

I think LinusTechTips was lucky in the sense that the suspension occurred outside their regular broadcast hours. If this occurred (or does occur in the future) when the WAN show is live, it will be much more disruptive.

Agreed. We have 5+ days for them to sort it out and get it taken care of and give us a subjective view of it on WAN show which I am sure they will discuss to some degree at a minimum since they went public on twitter with the takedown. 

[mr moose]

1 hour ago, AntiTrust said:

They run a talk show, it is so obviously fair use of content that this ban is stunning

Depending on how you view litigation matters, this is the one problem with the DMCA system.  Fair use is actually a defense and not so much a permisionable clause.  I personally hate Automated and third party DMCA claims because of this.  

[Master Disaster]

For those wondering...

[mr moose]

20 minutes ago, Arokhantos said:

If i where twitch i would first validate then take action, because if my channel where taken down under false claims all the time i would sue twitch for taking down my channel under false claims, considering i would lose money for not being able to stream.

You can't sue because twitch are following the guidelines under the DMCA.    Legal recourse is set out in the guidelines and service providers are largely immune from legal liability so long as they follow them.

 

1 minute ago, Arokhantos said:

 

I would also flag anyone for making false claims so you can ignore them in the future, i can understand making 1 mistake every now and then but not 3000 mistakes.

This is something I wish the DMCA would include.  If contents creators get 3 strikes and out then copyright owners should also get 3 strikes and out.

[mr moose]

3 minutes ago, Arokhantos said:

 

I don't give a shit about there eula loop holes.

It's got nothing to do with EULA's.  It's copyright law and the DMCA includes clauses that effectively prevent you from suing the service providers for following them.    If someone files a DMCA take down twitch has two options ignore it and be liable, comply and be immune from nearly all legal liabilities including being sued by the defendant.

[JoshB2084]

I wish DMCA never existed... *sighs* 

[Master Disaster]

So after reading through Twitches DMCA guidelines there's a few important things to note

• Twitch DMCA applications are made via "Twitch Designated Copyright Agents"
• Applications REQUIRE a signiture from copyright holders
• Applications require identification of the infringing video and exactly what content in the video is infringing, in writing
• Applications require a statement to affirm that the person submitting the claim has permission to do so from the copyright holder and that they are doing so in good faith
• Twitch reserve the rights to suspend accounts for DMCA but only after MULTIPLE DMCA applications are received
• Counter notices must be submitted in writing
• Must contain the channel owners signiture
• Must contain a written statement under penalty of perjury that you believe a mistake has been made
• Must contain information pertaining to the removed content

Twitchs Designated Copyright Agents information

Quote

Twitch’s and Curse's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, 225 Bush Street, 9th Floor, San Francisco, CA 94104, by email at dmca@twitch.tv, or by phone at (415) 262-9766. For clarity, only DMCA notices should go to the Twitch Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Twitch customer service through https://help.twitch.tv/customer/portal/emails/new. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Repeat offenders policy

Quote

Twitch will promptly terminate, without notice, any user’s access to the Twitch Service if that user is determined by Twitch to be a “repeat infringer” of other’s copyright protected works. A repeat infringer includes, without limitation, a user who has been notified by Twitch of infringing activity violations more than twice and/or who has had their Content removed from the Twitch Service more than twice. Twitch may also at our sole discretion limit access to the Twitch Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

https://www.twitch.tv/p/legal/dmca-guidelines/

 

Food for thought, it seems as though someone must have filed multiple claims against Linus for his account to be terminated like it was. Either that or someone at Twitch screwed up (unless it's IP infringment it seems)

 

Also unless someone knowingly faked the information (under penalty of perjury) the claims must be real, this ain't just some web form like on YouTube.

[JoostinOnline]

2 hours ago, The Viking said:

let's be honest, few of us watch the WAN show live on fridays

It's bitter sweet. It's kind of cool watching live and taking part in the straw polls, but the chat is AWFUL! People think it's hilarious to repeat the same jokes constantly. They're a bunch of simpletons. I'm one of the only people who doesn't spam "prerecorded" over and over. I started watching it about a year ago, and it's the first 10 minutes of EVERY episode. There are a couple other "jokes" that get repeated too, but none as common as that one.

[leadeater]

2 hours ago, miguelr said:

I mean they now have the infrastructure for videos. Its a matter of implementing RTMP streams.

Well they have implemented it and done a live stream, more a case of making sure it's got the required HA capabilities to make sure it's stable enough to promote it as a working feature.