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this post was submitted on 31 May 2024
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Technology
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Thanks for the explanation. You are certainly more polite and productive than most people here.
The DMCA gives explicit rules on takedowns in section c here. Complying with DMCA notices is not adjudicating the law, nor prosecuting anyone. It is simply taking the necessary steps to avoid liability. If youtube were to prosecute fraudulent DMCA notices, then it would be engaging in (probably) criminal vigilantism.
Courts have ruled that merely reacting to DMCA notices is not sufficient to avoid liability. Youtube was taken to court over this, and Content ID is the result. (EU law is considerably harsher and positively demands something like it,)
It was a predicted consequence of these laws that they would favor major rights-holders. Mind that the same people here, who want youtube to adjudicate the law, also are against fair use. They would have cheered these lawsuits against youtube/Big Tech, just as cheer now cheer lawsuits against fair use. They want more capitalism. Maybe they delude themselves into thinking that more of the same will have a different outcome.