Youtube, you had one job
Perfect example of Youtube’s utterly broken copyright system.
Don’t blame Youtube for following a dumb law.
The DMCA is certainly awful, but the youtube Content ID System does not follow it. The Content ID system is designed to take things done *before* any sort of legal issue comes into play and consequently can be and frequently is used for abuse. It is trivial to use it to take down legal content of which you disprove, which being legal would obviously not be possible through actual use of the previously mentioned law. Furthermore, the content ID system is automoated. Not only is that why something like the above above can happen, but it also explicitly goes against the intent of the DMCA, which specifically notes that a human factor is required on the part of a company or individual who is issuing a DMCA takedown.
In other words, while the DMCA may be responsible for Youtubes content ID system, it is most certainly NOT responsible for the quality of that system.
"Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)]."
This basically means you can’t have ads on videos at all. Ads on videos is how Youtube operates and monetizes. That all means that they can be liable in court.
Really more people need to drag this stuff in to court for the small clauses that, “A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)]. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].”