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“Mistaken” DMCA Notice Kills Benefit for Children’s Miracle Network

Well here we go again: another live stream killed by overzealous, negligent, and ultimately abusive application of the DMCA.

Tonight’s UMG Gaming COD tournament was unexpectedly cut short, with viewers now seeing the following page:

 UMG Channel Closed DMCA

What’s so much worse about this specific case is that all proceeds were supposed to go to the Children’s Miracle Network.

Since it went down, Twitch and the event organizers have been scrambling to get things back running:

 

— Twitch (@TwitchTV) October 19, 2013
But what’s more telling is this now-deleted tweet from @TwitchTVSupport:

Screen Shot 2013-10-18 at 9.59.51 PM

 

So it looks like, as with the Hugo Awardslegal non-infringing content was removed by a 3rd party that had been given access to a content site in order to directly enforce its copyrights.

Does anyone else see a problem with this? The people deciding what is and isn’t legal are the same people who are financially incentivized to view all usage as unauthorized.

Unfortunately, this is the system we have in place: shoot first and ask questions later. In this case, it just happens that they were shooting at sick children.

So how about this: whichever “3rd party” did this “mistakenly” gets to make good with a very, very large donation to Children’s Miracle Network.

Because seriously, fuck you.

 

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Post-script: The stream was apparently restored 2+ hours after it was taken down. For most broadcasts, this would be long enough for a total loss. Think there will be consequences for whoever issued the takedown, as Twitch’s own policies warn against? I ain’t holding my breath.

Wondering about game streaming rules for Extra Life? Check this list of game streaming policies.

 

 

2 Responses

  1. This is what usually happens when companies do not use hand verification before sending some DMCA take down requests. This already happened with UFC and even with Microsoft. Microsoft even had to fire their previous DMCA provider because they managed to send wrong requests.
    I don’t want to make this a commercial for dmca solutions but if their vendor doesn’t do hand verfications, they fall into the category doing more harm than good.
    DMCA Solutions hope more companies in our industry act professionally and do human verifications since software alone can’t do the job.

    • Video Grandpa

      Absolutely agreed – automated enforcement coupled with immediate punitive action is harmful overall and antithetical to the core principles of American justice.

© videograndpa