Food for Thought: DMCA procedure at YouTube contrast with UDRP/URS
Hi folks, There was an interesting article published today about a copyright dispute involving "white noise" videos on YouTube: https://gizmodo.com/man-s-youtube-video-of-white-noise-hit-with-five-copyri-... which linked to the dispute procedure that YouTube follows: https://support.google.com/youtube/answer/2797454 Of particular interest for the IGO PDP is the section on "Counter Notification Basics": https://support.google.com/youtube/answer/2807684 where importantly it says: "After we process your counter notification by forwarding it to the claimant, the claimant has 10 business days to provide us with evidence that they have initiated a court action to keep the content down." and it's the content creator who posts the relevant jurisdiction: https://support.google.com/youtube/answer/6005919 ""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." If a comparable procedure were followed in a modified UDRP/URS procedure, this would completely solve the "quirk of process" we've been tackling, i.e. where the natural role of plaintiffs vs. defendants (had the UDRP/URS not existed) gets reversed if a registrant is forced to seek redress in the courts. Instead, the trademark holder (or the IGO, or the complainant in the UDRP/URS) would be filing the lawsuit in court. This also solves the closely related "cause of action" issue in the UK courts re: Yoyo.email, etc. (and thus I posted the same article for discussion on the RPM PDP mailing list), which arises due to the same role reversal of plaintiff/defendant. Of course, it might be best to handle all these interrelated issues simultaneously (and that's why there's been support behind Zak's proposal that this "quirk of process" issue be handled via the RPM PDP, instead of "piecemeal" for IGOs only). Food for thought. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/
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George Kirikos