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'Several specific elements' required on counter notification. What are they?

Prekzursil

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I have written several attempted counter notifications and the latest of them bounced again, this time the reply said 'we haven't been able to process your counter notification given the information you have provided us'... and refer to 'several specific element's and the links takes you to the free form support page: https://support.google.com/youtube/answer/6005919?hl=en

The problem is, IMO all that is included. Additionally some other clauses are included from DIY templates on the web.

However, in the reply they send, they have themselves omitted almost all those 'several specific elements' and only include the video URL, channel user name + email and the two legal clauses, the 'I swear' and the 'I consent' clauses. And nothing else.

They've done the exact same thing so far with every notification they bounce back, only the reason changes at times. Previously they used this 'it's unclear to us whether you have a valid reason for filing a counter notification'. At all times the specifics were covered, IMO.

Any help would be appreciated, thanks.4309543096
 

Crown

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Moved to the copyright / claims / legal forum. :)
 

UKHypnotist

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What are the videos you are attempting to counter-notify on, and what reasons are you giving for the CN in the first place? A CN may only be filed where a video has been misidentfied as containing the copyrighted media claimed by the copyright owner who files a copyright strike, of if you feel a mistake has been made in filing. Most CN's filed on the basis of "fair use" are rejected by YouTube.

YouTube will only accept one counter-notification attempt per video; so if they've rejected one you filed, you cannot file another one; as every one your file post-rejection will be rejected as well.
 

Prekzursil

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What are the videos you are attempting to counter-notify on, and what reasons are you giving for the CN in the first place? A CN may only be filed where a video has been misidentfied as containing the copyrighted media claimed by the copyright owner who files a copyright strike, of if you feel a mistake has been made in filing. Most CN's filed on the basis of "fair use" are rejected by YouTube.

YouTube will only accept one counter-notification attempt per video; so if they've rejected one you filed, you cannot file another one; as every one your file post-rejection will be rejected as well.
As seen in the photos, the transcript of the cn i submited is incomplete as if anything but those 2 required lines have dissapeared. To reply your question i have been getting since the beginning of May countless takedowns on old videos, on the grounds of reupload(not true even different lenghts quality and even platforms), randomly on different games from different channels. Though youtube says misidentification or mistake in this case its bad faith just sabotage i believe otherwise they wouldnt be so cocky when i tried to ask them to retract in a friendly manner before i send CN.
 

UKHypnotist

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The first problem is the photos you've uploaded are so blurred that the text can't be read.

The second is that "reupload" is a valid takedown reason if you have used the content of other gamers without their permission. I also don't understand what you mean by different platforms, unless you mean the claimants are claiming the same game, but played on a different platform?

You didn't even answer my basic question, so I will ask it again.

What is the reason you are giving for your CN in each case?

As I've stated before, I cannot read the text in your screen shots, nor would anyone else here be able to. Please note that if YouTube has rejected the notice saying it is incomplete, you might be able to refile; but if they have said they cannot accept it, or that it appears that you don't own the rights to the media you are trying to counter-notify on, any further attempts will be rejected saying that you have already submitted for the video(s) in question.

YouTube isn't required to give back the specific elements to you; merely to either acknowledge a properly submitted CN, or to reject a CN where either it was improperly submitted, or the counter-notifier doesn't own the copyright to the media in question, and there is no case for Fair Use.
 

Prekzursil

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I have not reuploaded his content, it is mine and mine only played with a valid license entirely by me unless he owns rights that i do not know of, of Half Life. The reason for submitting the counter notification is stating that the takedown was a misidentification of the content and that the video is created by me and me only. I will post the transcript:
Video included in counter-notification:
My channel: https://youtube.com/channel/UCIdP2WlQUuCkFcjT0qi_fgg/
Contact Information:
Display name of uploader: xxx
Full Legal Name: xxx
Email Address: xxx
Physical Address: xxx
Telephone Number: xxx
Date: May 29 2019
Dear YouTube:
Reason for counter-notification:

This letter is a formal response to an alleged complaint of copyright infringement against one of the videos I have uploaded and published on YouTube and removed by you.
First, the claimant is not the owner of the game walkthrough video (footage) in question, nor is the video a re-uploaded copy of their video. The video is in its entirety a higher quality recording and editing of my own game play using a licensed copy of the game Half-Life 2. My licensed status is verifiable through my online Steam profile:
https://steamcommunity.com/profiles/76561198048249928/games/?tab=all

Secondly, the claimant has no copyright to the game play footage in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner's rights. My video is a derivative work and its publication on YouTube complies with stated Valve video policy and EULA.
https://store.steampowered.com/video_policy
https://store.steampowered.com/subscriber_agreement/

The video that has been taken down, is solely created by me, serving as a walkthrough from the game Half Life 2 created and published by Valve. I own all rights to it due to this fact and I believe this takedown has been issued due to a mistake or a misidentification in my video to the original, perhaps due to similarities that occur in such gameplay videos due to cutscenes or fixed path. I believe in good faith that the issuer had no bad intention in this but my hands are tied because i have attempted to reach him in search for a retraction but he was not to be found. I'm also assuming any possible repercussions that follow up this counter-notification in order to defend my rights in turn my video and my channel.

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):
I swear, under penalty of perjury, that I believe in good faith that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant.
However, by this letter, I do not waive any other rights, including the ability to pursue an action for the removal or disabling of access to this material, if wrongful.
Having complied with the requirements of 17 U.S.C. Section 512(g)(3), I remind you that under 17 U.S.C. 512(g)(2)(B) you must advise the complainant of this notice and restore the blocked or removed material and cease disabling access to it within fourteen (14) business days of your receipt of this notice. Please notify me when this has been done.
I appreciate your prompt attention to this matter. If you have any questions about this notice, please do not hesitate to contact me. Thank you, [full name]
 

UKHypnotist

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Ok, I see a few problems here already.

1. Valve isn't the creator and therefore the copyright owner of Half-life 2. Sierra/Vivendi is. I own the entire Half-Life Cycle on CD-Rom (Half-life 1 and 2).

2. Even though you've legally licensed the game, Sierra/Vivendi still holds the copyright, and may actually own the copyright to your gameplay footage. It isn't unusual for a game dev to claim copyright in game recordings; a good example is SUPERCELL, who's notorious for taking down Clash Royale and Clash of Clans videos.

3. Again, stating a policy by VALVE on a game not owned by them, is completely unacceptable under DMCA rules. VALVE hosts this game through Steam, but the original game dev owns the ultimate copyright. You need to check your original EULA for Half-Life 2 to make sure your derivative work is actually authorised under that EULA. Steam's EULA, which is an EULA for a hosting platform wouldn't apply here.

Before I can say any more, could you please post the transcript of the exact reply you got from YouTube on this elaborate CN? I may be able to explain more to you by putting the two together.
 

Prekzursil

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Dear Prekzursil,

Thank you for your counter notification.

Based on the information you provided, it appears that you do not have the necessary rights to post the content on YouTube. Therefore, we regretfully cannot honor your request. It has not been forwarded to the original claimant, and we will not be able to restore your video.

To learn more about copyright, you may visit YouTube’s Copyright Center.

Keep in mind that copyright strikes expire after three months, as long as you complete Copyright School.

We unfortunately are unable to assist further in this matter.



- The YouTube Team
Counter-Notification as follows:
Videos included in counter-notification:
Display name of uploader: Prekzursil

I swear, under penalty of perjury, that I have a good faith belief the material was removed due to a mistake or misidentification of the material to be removed or disabled.
I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant.

,
prekzursil1993@gmail.com




Sorry for my late reply, as you can see, the transcript is empty of the actual content but those only 2 required lines. Which troubles me, via webform, i always got the full transcript, so this leads me to think its either freeform doesnt provide one, they failed to capture it correctly.
 

UKHypnotist

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Because you don't own the rights to the content you were counter-notifying on, YouTube saw no need to go to the trouble to reproduce everything you sent, as that information turned out to be irrelevant. You also need to be aware that this particular reply means that you cannot submit another CN for the same video.

YouTube considers the CN to be invalid for the very reasons I stated in my previous reply; and therefore as far as they are concerned, the matter is permanently closed. You will need to wait for the copyright strike to expire now, and take care not to get two more in the next 90 days, or your channel will be terminated.

Or were you using the free-form CN because your channel has been terminated?
 
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Prekzursil

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Good day again,
I suspect now that I may be victim of attempted blackmail over YouTube. I know you replied to me earlier on the forum but this is a recent turn of events. I have attached copies of a discussion my friend had with the suspected blackmailer. He was very cautious but we got the sense his offer seemed shady. He said he could have claimed several videos as stolen but thought it nicer to only claim one. In the discussion he refused to say how much exactly he wanted but we felt he would rack up the price based on his claims. I'd like your honest opinion on that, and should I approach YouTube legal team over this. If you are prepared to give me the benefit of the doubt there is something else I'd like to ask. My friend is almost certain he spotted something very odd happening when one of my videos was restored after a strike last year. That is something I'd also like to discuss but this suspected blackmail is my immediate concern now. Hope to hear from you soon, thanks. Yours, Prekzursil.
 

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