{"id":51655,"date":"2020-10-22T09:00:37","date_gmt":"2020-10-22T09:00:37","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=51655"},"modified":"2020-10-22T09:00:37","modified_gmt":"2020-10-22T09:00:37","slug":"twitch-dmca-bloodbath-trades-copyright-strikes-for-due-process","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=51655","title":{"rendered":"Twitch DMCA \u201cBloodbath\u201d Trades Copyright Strikes For Due Process"},"content":{"rendered":"

\"Twitch\"<\/a>During the summer there was uproar when Twitch users were suddenly bombarded with copyright notices for content uploaded between 2017 to 2019<\/a>.<\/p>\n

Unsurprisingly, the claimant was listed as the Recording Industry Association of America (RIAA), an organization well-known for its aggressive stance towards those who use its member labels\u2019 content without obtaining an appropriate license.<\/p>\n

Aside from the notices themselves, the greater problem was Twitch\u2019s \u201crepeat infringer\u201d policy, which states that if users receive several copyright complaints under the DMCA, they can be permanently banned from the platform. Twitch doesn\u2019t say<\/a> how many will trigger a ban but under normal conditions, it\u2019s believed to be three.<\/p>\n

In common with similar platforms, Twitch adopted this stance to avoid becoming liable for its users\u2019 infringements. However, the earlier advice for users to quickly delete everything<\/a> on their accounts that may be infringing to avoid a ban didn\u2019t sit well with the company\u2019s customers.<\/p>\n

The Second Wave \u2013 AKA \u201cDMCA Bloodbath\u201d<\/h2>\n

After the chaos in June, there was a general feeling that the worst may be behind the site\u2019s users. Late yesterday, however, a fresh development indicated that was not the case. Gamer and esports consultant Rod Breslau (aka \u2018Slasher\u2019) took to Twitter to reveal<\/a> that a second wave of DMCA notices had hit Twitch, with devastating consequences.<\/p>\n

\u201cWe are writing to inform you that your channel was subject to one or more of these DMCA takedown notifications, and that the content identified has been deleted,\u201d a copy of a notice from Twitch reads.<\/p>\n

The first point of interest here is that Twitch didn\u2019t tell anyone affected by these mass deletions what content was removed or what users did wrong. That deviates from the accepted standard practice of notifying users that \u201cContent X infringed content company Y\u2019s rights\u201d and that\u2019s why it was flagged.<\/p>\n

At least ordinarily, this information would provide users a platform from which to fight back, if the claim against their content was incorrect or at least contentious. However, Twitch effectively removed any opportunity to respond by imposing a new albeit temporary system for handling DMCA complaints.<\/p>\n

Twitch Trades Due Process For Not \u201cStriking\u201d User Accounts<\/h2>\n

By not providing the information outlined above, Twitch clearly knew there would be problems among its userbase. So, what it appears to have done is sweeten the pill with a quid pro quo.<\/p>\n

\u201cWe recognize that by deleting this content, we are not giving you the option to file a counter-notification or seek a retraction from the rights holder. In consideration of this, we have processed these notifications and are issuing you a one-time warning to give you the chance to learn about copyright law and the tools available to manage the content on your channel,\u201d the notices continues.<\/p>\n

Effectively, Twitch has denied any opportunity to contest DMCA notices on fair use grounds, for example, by imposing a \u201cwarning\u201d instead. This warning does not appear to be a copyright strike, meaning that it won\u2019t add to a user\u2019s tally of strikes which accumulate and ultimately end in a ban.<\/p>\n

More controversial, however, is that there are claims that the Audible Magic recognition system used by Twitch isn\u2019t working how it should.<\/p>\n

\u201cAudible Magic is misidentifying music,\u201d a Twitch user reported<\/a> to the company on Twitter last night. \u201cThe proof in that pudding is my vods from last night that was muted with music that (the track and artist appeared in an onscreen ticker) was cleared for use on stream and is an original work.<\/p>\n

\u201cAn example based on the immediate past: You run Audible magic against highlights and clips. Those Highlights and Clips have music that is misidentified as DMCA applicable. By auto-deleting this content you remove our ability to correct that and keep the content,\u201d he added.<\/p>\n

Can Twitch Delete Content and Deny Counternotices?<\/h2>\n

While large volumes of users are currently distraught at the actions of Twitch and the deletion of their content without a fair hearing, a close look at the company\u2019s terms of service reveals that, completely unsurprisingly, it can delete whatever content it likes, when it likes, and for any reason. <\/p>\n

It doesn\u2019t even have to be infringing either, that\u2019s just one of the options.<\/p>\n

\u201cTo the fullest extent permitted by applicable law, Twitch reserves the right to remove, screen, or edit any User Content posted or stored on the Twitch Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Twitch Services at your sole cost and expense,\u201d its ToS reads<\/a>.<\/p>\n

Since Twitch can delete whatever content it likes at any time, that seems to negate any user \u2018right\u2019 to know anything about the claims against them, which in turn prevents them from filing a counternotice. And, since Twitch is essentially giving any actual infringers a free pass this time around (which in the case of multiple strikes could\u2019ve meant an account ban), the company has not only covered its bases but also attempted to sweeten the deal. <\/p>\n

It didn\u2019t have to, of course, but has wisely offered something. Nevertheless, that is no consolation to those users who have had their content deleted on dubious grounds and have no means to contest the action.<\/p>\n

Was the Second Wave \u2018Bloodbath\u2019 a Surprise? Not Really<\/h2>\n

Back in 2014, Twitch announced<\/a> that it was voluntarily taking measures to protect broadcasters and copyright owners. To this end, Twitch revealed it had partnered with content recognition\/anti-piracy company Audible Magic, adding that by doing so it was assuming \u201cno liability for the actions of its users.\u201d <\/p>\n

Fast forward to June 2020, during the first wave of DMCA notice fallout, Twitch quite clearly said that its work with Audible Magic would be \u201cextended\u201d and all but confirmed that the deletions of this week were already expected several months ago.<\/p>\n

\u201cFirst, we will begin the work to extend our use of Audible Magic to identify existing clips that may contain copyrighted music and delete them for you without penalty. Over the coming months, this will cover newly created clips as well,\u201d Twitch said<\/a>.<\/p>\n<\/p>\n

<\/p>\n
\n

First, we will begin the work to extend our use of Audible Magic to identify existing clips that may contain copyrighted music and delete them for you without penalty. Over the coming months, this will cover newly created clips as well.<\/p>\n

\u2014 Twitch Support (@TwitchSupport) June 11, 2020<\/a><\/p>\n<\/blockquote>\n

<\/center><\/p>\n

So, the big question remains \u2013 what can users do faced with this scenario? If history is anything to go by, not very much.<\/p>\n

Twitch is Not Your Platform and Copyright Holders Come First<\/h2>\n

The bottom line here is that while millions of Twitch users call the platform home, Twitch is not their<\/em> site. While the site relies on streamers to make it a viable business concern, they are merely guests who agree to be bound by a strict set of rules that are entirely in the favor of the platform itself. <\/p>\n

Furthermore, like YouTube and even ISPs in the United States, Twitch faces the prospect of being subjected to aggressive legal action if it fails to deal with repeat infringers appropriately. Given that the RIAA is behind most of these liability lawsuits, protecting the record labels\u2019 copyrights must be high on the Twitch agenda. <\/p>\n

It therefore seems probable (if not likely) that Audible Magic has effectively identified many thousands of repeat infringers on Twitch, so in preference to banning them all, Twitch has chosen to delete their content in a mass purge instead. <\/p>\n

Whether this was carried out with the stated or tacit support of the labels is unclear but the possibility of this being a \u2018reset\u2019 or catch-up move seems relatively high, particularly given that Twitch says it will revert to its regular DMCA process later this week.<\/p>\n

From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n

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During the summer there was uproar when Twitch users were suddenly bombarded with copyright notices for content uploaded between 2017 to 2019. Unsurprisingly, the claimant was listed as the Recording Industry Association of America (RIAA), an organization well-known for its aggressive stance towards those who use its member labels\u2019 content without obtaining an appropriate license. […]<\/p>\n","protected":false},"author":2,"featured_media":51656,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-51655","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torrent"],"_links":{"self":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/51655","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51655"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/51655\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/51656"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51655"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51655"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51655"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}