HELP US FIGHT SUPPRESSION OF INFORMATION: https://store.gamersnexus.net/black-market-gpu-backersBloomberg LP filed a copyright strike against GamersNexus on ...
Hyperbolic title to be sure but I think it’s justified to point out Fuck Bloomberg.
I don’t usually watch gamers Nexus stuff, I find it to be a bit dense for casual watching. It’s accurate as all hell, as far as I’m concerned… They know their shit and they research the crap out of whatever they’re covering; this both makes them awesome, but adds to the density of their content.
I also have immense respect for them because they’ll call shit out like this, and just give the finger to any possible repercussions. They’re legally in the clear as far as I’m concerned, they’re hyper careful about that kind of thing. But that doesn’t mean that Google is willing to host them while they do shit that makes Google’s advertising partners grumpy; and I assume Bloomberg, or a company affiliated with Bloomberg runs ads on YouTube/Google/whatever.
They’re in a position where they have significant risk, and instead of tucking tail and doing what they’re told, they’re fighting, and pointing out the problem. They’re putting a spotlight on the fact that we all know, but nobody really mentions, that “good business” in the ad space, is to appease your advertisers as much as possible. Like it or not, Google is still, very much, an ad company. That’s how they started, that’s still a big part of the business. It’s why Google search is free. It’s why Gmail is free, and it’s why YouTube is free (almost all of these have paid options, but that’s not the focus right now).
So like it or not, Google’s in a pretty tough spot. I’m sure the views from GN drive some significant ad revenue, at the same time, in certain that the contracts for ads from Bloomberg and affiliates, are worth quite a bit as well. If they kick GN, then they lose ad revenue from any ads that would run on their videos in there future. If they don’t, they risk losing a potentially very valuable advertiser.
They’re stuck in the middle. I have no idea what they’re going to decide here.
I won’t blame Google either way. I’d like to see them standing up for GN, but I can see why they wouldn’t. They’ll have a stronger arm against GN than they would against Bloomberg, because, let’s face it, Bloomberg has more money to throw at lawyers and making legal issues for Google, than GN does.
I do, however, entirely blame Bloomberg in all of this. I’m certain that GN is using any footage insert fair use laws with proper attribution to the original source (though, I haven’t seen this video yet, nor the one in question. I just know GN well enough to know that the likelihood that they didn’t, is basically zero).
GN already has my trust for their integrity. I can’t say the same for Google, YouTube, and certainly not Bloomberg… Ha.
I will, of course, be looking more deeply into this later, and I will amend my viewpoint as information is uncovered. Until then, good luck GN. You guys are heros and legends. Never stop being exactly who you are.
I think you’re being too forgiving to Google, and also pointing at the wrong problem.
The central problem isn’t ad space, but the DMCA. It requires companies that host content the way YouTube does to have policies for DMCA takedown requests. Generally, this means removing content when they receive a request. The DMCA makes a form of compromise here, where hosting companies won’t be liable as long as they show they’re processing takedown requests in good faith.
This is exactly the same law in the US that comes into effect when your ISP gets a takedown notice. Your ISP isn’t liable as long as they pass that on to you and tell you to delete what you “stole”, etc.
The problem is partially Google’s implementation and partially the DMCA itself. To the best of my knowledge, the three strikes system isn’t something in the DMCA. That’s YouTube’s policy alone. ISPs generally don’t operate on a three strikes system–they might choose to, but they don’t have to.
The DMCA itself doesn’t have any kind of mechanism for pushing back against companies that send takedown notices abusively. This means companies setup an automated system that scans uploaded videos looking for anything they can claim is theirs and send a notice. That’s probably what Bloomberg did. These systems aren’t smart enough to distinguish fair use from not; they have zero incentive to even try something as simple as “a five second clip of our stuff in a 3 hour video is probably fair use”. The entire burden is placed on content creators to show they aren’t infringing.
Until the law is changed to deal with notices sent in bad faith, this sort of thing will continue. Naturally, companies like Disney and BMG yell bloody murder any time they even get a hint of Congress trying to do that.
All this is separate from YouTube’s own content ID automated system. That’s a whole different set of problems from the DMCA.
I understand what you’re saying here. I would reiterate “fair use”.
I know, DMCA take downs can happen for a lot less than what’s covered under fair use, especially with YouTube/Google’s system of handling take down requests. Err on the side of the copyright holder, until proven otherwise.
I still have a lot to look into on this so I can’t say how relevant your point or mine is in the context of GN. But you certainly do make good points.
I don’t usually watch gamers Nexus stuff, I find it to be a bit dense for casual watching. It’s accurate as all hell, as far as I’m concerned… They know their shit and they research the crap out of whatever they’re covering; this both makes them awesome, but adds to the density of their content.
I also have immense respect for them because they’ll call shit out like this, and just give the finger to any possible repercussions. They’re legally in the clear as far as I’m concerned, they’re hyper careful about that kind of thing. But that doesn’t mean that Google is willing to host them while they do shit that makes Google’s advertising partners grumpy; and I assume Bloomberg, or a company affiliated with Bloomberg runs ads on YouTube/Google/whatever.
They’re in a position where they have significant risk, and instead of tucking tail and doing what they’re told, they’re fighting, and pointing out the problem. They’re putting a spotlight on the fact that we all know, but nobody really mentions, that “good business” in the ad space, is to appease your advertisers as much as possible. Like it or not, Google is still, very much, an ad company. That’s how they started, that’s still a big part of the business. It’s why Google search is free. It’s why Gmail is free, and it’s why YouTube is free (almost all of these have paid options, but that’s not the focus right now).
So like it or not, Google’s in a pretty tough spot. I’m sure the views from GN drive some significant ad revenue, at the same time, in certain that the contracts for ads from Bloomberg and affiliates, are worth quite a bit as well. If they kick GN, then they lose ad revenue from any ads that would run on their videos in there future. If they don’t, they risk losing a potentially very valuable advertiser.
They’re stuck in the middle. I have no idea what they’re going to decide here.
I won’t blame Google either way. I’d like to see them standing up for GN, but I can see why they wouldn’t. They’ll have a stronger arm against GN than they would against Bloomberg, because, let’s face it, Bloomberg has more money to throw at lawyers and making legal issues for Google, than GN does.
I do, however, entirely blame Bloomberg in all of this. I’m certain that GN is using any footage insert fair use laws with proper attribution to the original source (though, I haven’t seen this video yet, nor the one in question. I just know GN well enough to know that the likelihood that they didn’t, is basically zero).
GN already has my trust for their integrity. I can’t say the same for Google, YouTube, and certainly not Bloomberg… Ha.
I will, of course, be looking more deeply into this later, and I will amend my viewpoint as information is uncovered. Until then, good luck GN. You guys are heros and legends. Never stop being exactly who you are.
I think you’re being too forgiving to Google, and also pointing at the wrong problem.
The central problem isn’t ad space, but the DMCA. It requires companies that host content the way YouTube does to have policies for DMCA takedown requests. Generally, this means removing content when they receive a request. The DMCA makes a form of compromise here, where hosting companies won’t be liable as long as they show they’re processing takedown requests in good faith.
This is exactly the same law in the US that comes into effect when your ISP gets a takedown notice. Your ISP isn’t liable as long as they pass that on to you and tell you to delete what you “stole”, etc.
The problem is partially Google’s implementation and partially the DMCA itself. To the best of my knowledge, the three strikes system isn’t something in the DMCA. That’s YouTube’s policy alone. ISPs generally don’t operate on a three strikes system–they might choose to, but they don’t have to.
The DMCA itself doesn’t have any kind of mechanism for pushing back against companies that send takedown notices abusively. This means companies setup an automated system that scans uploaded videos looking for anything they can claim is theirs and send a notice. That’s probably what Bloomberg did. These systems aren’t smart enough to distinguish fair use from not; they have zero incentive to even try something as simple as “a five second clip of our stuff in a 3 hour video is probably fair use”. The entire burden is placed on content creators to show they aren’t infringing.
Until the law is changed to deal with notices sent in bad faith, this sort of thing will continue. Naturally, companies like Disney and BMG yell bloody murder any time they even get a hint of Congress trying to do that.
All this is separate from YouTube’s own content ID automated system. That’s a whole different set of problems from the DMCA.
I understand what you’re saying here. I would reiterate “fair use”.
I know, DMCA take downs can happen for a lot less than what’s covered under fair use, especially with YouTube/Google’s system of handling take down requests. Err on the side of the copyright holder, until proven otherwise.
I still have a lot to look into on this so I can’t say how relevant your point or mine is in the context of GN. But you certainly do make good points.