Twitch.tv

Music use on twitch isn't 'fair use' at all anyway. It is in no way a limited or transformative purpose. They are using artists music to create an enjoyable atmosphere for their viewers (see profiting) without paying the artist.

slippery said:

Yet radio's still exist. I can't believe we haven't DMCA'd all the grocery stores yet!

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Radio stations pay for a license and stores to use that license. In this case, it would be like twitch paying for a license for all their partners to use which frankly is exactly what should happen but twitch hides behind just being a host.

Given how shitty the music at supermarkets is, I hope they aren't paying a lot for that license

I used to listen to XM radio, LITERALLY my local radio station on the computer while streaming, and it would audio mute everything in my vod. That was like 2 years ago before DCMA shit. Now I wouldn't even try it. Summit and I have to listen to the same rehashed god awful noncopyright music mixes that are like 3 hours long and are only 1/10th enjoyable. The only other option is original soundtracks for other video games. And even then SOME of them will get your VOD muted. Like I think I mentioned earlier, I had my VoD muted partially once during a CoD stream. Funny thing is I had 0 music playing. What did it mute? The CoD in-game music at the character screen triggered their algorithm while I was afk 3 minutes peeing or getting a drink. Very smart. Very business.

It's great, until some of these people figure out a way to game the system. Which, given Millennials, is gonna take about two years. GenX, it would take about two days.

So Twitch ads are just the new reality at this point? I can't find any combination of browser extensions that prevents any of it anymore?

ronne said:

So Twitch ads are just the new reality at this point? I can't find any combination of browser extensions that prevents any of it anymore?

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Whenever something is 'free' you are the product?

LiquidDeath said:

Automated DMCA takedowns are the bullshit part of it all in the first place. They allege infringement where it is entirely possible that none exists and they do so in the most general, shotgun style possible. They are only legal because corrupt, corporatist judges allowed them to save their buddies a shitload of money in investigation and court costs, i.e. the things that are absolutely necessary to provide for actual fair use.

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Actually, the point of DMCA is to protect the infringer from being absolutely assblasted in court. I guarantee you almost all instances of DMCA takedowns being issued are over valid copyright infringement claims.

In the situation where they aren't, that's what counter-notification is for. If you're confident that your usage of their copyrighted content is considered fair use, you should file counter-notification.

Xevy said:

Summit and I have to listen to the same rehashed god awful noncopyright music mixes that are like 3 hours long and are only 1/10th enjoyable.

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It's 2020, dude. It's really easy to find royalty-free music you can play on your stream or license yourself. Humble Bundle has a huge royatly-free music bundle going on right now.

Kriptini said:

Actually, the point of DMCA is to protect the infringer from being absolutely assblasted in court. I guarantee you almost all instances of DMCA takedowns being issued are over valid copyright infringement claims.

In the situation where they aren't, that's what counter-notification is for. If you're confident that your usage of their copyrighted content is considered fair use, you should file counter-notification.

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But Twitch doesn't even give you that choice, right? They just act and enforce as if you've already lost in court

Quineloe said:

But Twitch doesn't even give you that choice, right? They just act and enforce as if you've already lost in court

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I haven't been DMCA'd by Twitch so I can't say, but according to the law, you always have the right to submit counter-notification.

EDIT: According to Twitch's DMCA guidelines, there is an option to submit counter-notification.

The DMCA stuff makes no sense to me. Some streamers refuse to play anything that might be DMCA and other streamers play Taylor Swift on loop and they're all still active.

Never seen anybody DMCA'd live. Does the separate audio output Twitch just added to OBS to remove music tracks from VODs not take care of this? Do royalty free music services not take care of this? Seems like such a non-issue.

Kriptini said:

Actually, the point of DMCA is to protect the infringer from being absolutely assblasted in court. I guarantee you almost all instances of DMCA takedowns being issued are over valid copyright infringement claims.

In the situation where they aren't, that's what counter-notification is for. If you're confident that your usage of their copyrighted content is considered fair use, you should file counter-notification.

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This is total bullshit.

The vast majority are, in fact, not valid copyright infringement claims. They merely check against a database of listed IPs and send out a takedown notice, regardless of context. This is exactly counter to a valid infringement claim as they would have to inspect the content and determine if it fell under fair use before issuing a takedown.

All of that is irrelevant, though, because the DMCA is part of the goddamn problem. It should absolutely be incumbent on rights holders to find and prove infringement. The reverse, where infringement is assumed, leads to this exact nightmarish situation for the rest of the world where an individual must prove they weren't infringing at great personal cost to themselves while rights holders can hold their content hostage from the free market beyond even the ridiculously stringent laws that the same corrupt politicians responsible for the DMCA made to withhold IP from the creative commons. The DMCA is a giant piece of shit from a now-bygone era.

Dom said:

Alkorin There's free-use music sources available, what's the issue with using those? Don't trust them or just don't like them?

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I think the issue is that most of his streams seem predicated on the fact that he plays copywritten material on request.

LiquidDeath said:

This is total bullshit.

The vast majority are, in fact, not valid copyright infringement claims. They merely check against a database of listed IPs and send out a takedown notice, regardless of context. This is exactly counter to a valid infringement claim as they would have to inspect the content and determine if it fell under fair use before issuing a takedown.

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Then fire counter-notification and get it taken care of. You'd think if there were all these illegitimate invalid DMCA takedowns happening then we'd be seeing rightsholders punished in court. Lawyers would be lining up to represent these people pro-bono for easy money!

Except that's not the case because people are fucking morons and think that their soyjack face over Minecraft gameplay makes their use of the latest Imagine Dragons album "fair use." Copyright law is really easy to get a basic understanding of but people don't do it because they just want to play victim and play music on their stream that they have no business playing.