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Safety: DMCA

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Let copyright (DMCA) strikes expire after 90 days

In 2020, many streamers got hit by a wave of DMCA takedown requests for old clips and VODs which affected the streamer's standing.
Since Twitch is currently using a three-strike rule similar to YouTube and other platforms, this put some streamers on the verge of being banned.

My proposal is to let such takedowns "expire" after a period of e.g. 90 days, i.e. they don't affect Good Standing after that period.
Since takedowns (regardless of whether justified or not) can appear on years-old content and even live content, this would introduce a fair solution to streamers and Twitch, and is already being successfully used on similar platforms.
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  • パッションリップ commented  ·   ·  Report

    Even a longer period than 90 days would be better than nothing. Look what this policy has driven Asmongold to do (although he can't legally admit it)!
  • SapphireDrew commented  ·   ·  Report

    Some kind of forgiveness would be ideal, regardless of the length of the cooldown (can be a year for all I care), as long as there is one.
  • jennykim5 commented  ·   ·  Report

    we are humans, we commit errors, in some cases we'll tap on some unacceptable melody or a playlist will be erroneously named as open space/free use. Having that steadily hanging danger of a permaban isn't really great for anybody.
    i think 90 days are too long, in my opinion mostly
    90 days is sufficiently long to forestall obtrusive maltreatment of the strike expiry time.
    i got strike on my blog https://chaingateway.io/ by mistake and now its going worst day by day
  • ArcaneRocky commented  ·   ·  Report

    This REALLY should be a thing. Most jobs will let things like lateness and absences fall off your record after a certain time so they don't count against you anymore. Only makes sense we'd do the same with DMCA strikes.
  • Skynyx commented  ·   ·  Report

    This really needs to be implemented and stated CLEARLY. Streamers are humans, we make mistakes, sometimes we’ll click on the wrong song or a playlist will be mistakenly labelled as public domain/free use. Having that ever hanging threat of a permaban isn’t good for anyone.

    Furthermore 90 days is a long time. If someone is blatantly listening to top 50 hits each stream they will accrue 3 strikes before any previous strikes expire. 90 days is long enough to prevent blatant abuse of the strike expiry time.

    Please twitch. Let strikes expire after 90 days. YT does, why can’t you?

  • BrickBrigade commented  ·   ·  Report

    I've wanted this since I was told that they don't expire. To me it only seems reasonable for them to expire after a month-3 months. The reason being that PEOPLE WILL MESS UP. If we mess up 3 times in the course of say 3 years, then how is it fair that a channel is to be banned for messing up one time per year. Twitch, If you don't catch up, then more people will start moving to other sites. I myself would have already switched. I have not because I have struggled to get to where I am here on twitch and do not currently have a significant enough community to switch with me.
  • NEOASH commented  ·   ·  Report

    As the OP noted, there's a 90d expiration on YouTube and has been for a while now. For first time strikes, YT creators also have to complete something called Copyright School. If Google/YT can let them expire, why can't Twitch navigate DMCA law in the same way?
    Expand the "Resolve a copyright strike" section: https://support.google.com/youtube/answer/2814000?hl=en
  • Calli_C commented  ·   ·  Report

    I agree with this as well, using a punitive system cumulatively is going to end up banning everyone streaming.
    Mistakes happen and to continue to punish someone for making a mistake who subsequently corrects the mistake shouldn't keep being penalized.

    I have had copyright strikes on youtube and they drop after a certain amount of time. Mine are gone now due to my having corrected the issue.
  • TheBadLuckBuddha commented  ·   ·  Report

    I agree with this stance. There are currently reports of partners and affiliates also getting strikes/bans for content that was already deleted from the platform but seems to be getting scraped from the Twitch archives. Devin Nash has demonstrated exactly how easy it is to find previously deleted content on his stream. This adds to the concern that if the content is publicly accessible, that a DMCA strike on content from years ago may indeed not be present on Twitch's streaming platform, but rather be on the Twitch archive servers. Since Streamers have no option to delete that archived content, it should not be held against them as they made a good faith effort to comply on the direction of Twitch.

    Also additional concerns would be that if these servers are publicly accessible, and they are receiving more attention through social media, that there may be malicious users who scrape and farm banned or sensitive material from those servers. This could be very bad if say a content creator accidentally streamed revealing personal information and thought the content had been deleted. A malicious user that recalls the approximate date of that revealed information, and becomes privy to these stored VODs, may be able to download and spread this sensitive information.