The Twitch DMCA Saga (Three Times Resilient!)

If you file a DMCA, its essentially a legal threat to sue. Nulls proposal essentially says 'you pay your lawyer now, rather than do this for free and maybe (almost always) back down and pay your lawyer later if you don't'.

Personally I'd like a 72 hour turn around for whoever receives the DMCA to respond and NOT ban first ask questions later (current response)
 
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I think the ownership of your image is actually real but only in cases where someone uses your image to advertise something without your consent.

If Dr. Goutybutt's Cherry Juice used Phil's head to endorse their product, Phil could legally claim his image as his copyright and sue.

If a random internet person photoshopped Phil's head sucking 12 dicks, Phil could not claim his image as copyright as it is being used as criticism or parody.
 
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I'm just glad that Phil is finally disillusioned with Twitch. Twitch is a company run by unethical simps, so hearing him kiss their ass for so long was grating. It was almost out-of-character. I'm used to Phil deriding everyone and everything.
Of course, Phil will shill for anyone if it pays him enough, but that's rare. I much prefer tahxic DSP over 'pahsitive' DSP.
 
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Sparkletor 2.0 said:
Let's look at how YouTube, Twitch, everyone else handles DMCA reports: Ban the account first and eventually send an actual human to see if it is valid later.

This allows (like Null said) anyone to file a DMCA over anything and get anyone's account shut down. This is a broken system.

How Kiwifarms handles DMCA reports:
Null reads the report. He looks at the offending links. He tells the complainant to fuck off. Only a couple of times has the DMCA been legitimate.

"It would be massively expensive to have a human review all the DMCA reports." Not true. How much did Twitch pay Hassan to sit in his office and jerk it to camgirls? How much do they pay deer girl to do whatever bullshit she does? How much do they spend on inclusivity seminars and pro Latinix panels? Twitch has the money to have someone review DMCA complaints.

"Darksydephil stole my intellectual property of a 8-bit crown..." How would the human answer? Yes, delete Phil or go fuck yourself and your pixel art.

I'm sure the Twitch DMCA guy would have it easier than Null since he wouldn't have to look at dozens of images of Nickido Avocados blown out asshole.
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there are thousands of streams going on at one time, but there are only a handful of DMCA claims happening per day. what you said is 100% reasonable for a multi million dollar company to do
 
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Re: DMCA debate Do the big corporations have some sort of moral obligation to keep themselves responsible to respond to DMCA complaints instead of transparently passing it on to the user?
The reason I don't have sympathy for Phil in terms of having false dmca complaints sent at him is because maybe this kind of thing will knock Phil off his high-horse of saying his "job" has more job-security than other people's jobs. Guess what Phil, streaming as a job has consequences too, and DMCA complaints are one of them.
The only reason companies like Twitch or Youtube allow these people to go on is because they are making more money. Someone commented that it was weird Phil refers to his contact at twitch as customer support, but that is probably more accurate than Phil would want to admit.
 
Despite pigroach luck prevailing in the end as it always does seeing him squirm will never get old big ups twitch support.
 
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Tumbo said:
Despite pigroach luck prevailing in the end as it always does seeing him squirm will never get old big ups twitch support.
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Don't worry. He's going to talk to Twich. All of it. He's going to put them in their place, and if they don't bend over and kiss his gouty feet, he's going to take the four full seconds it takes him to turn around and waddle away. Slowly.
 
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Iamfrigide said:
Don't worry. He's going to talk to Twich. All of it. He's going to put them in their place, and if they don't bend over and kiss his gouty feet, he's going to take the four full seconds it takes him to turn around and waddle away. Slowly.
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I'm looking forward to their response. Even if there ISN'T one, that's tantamount to telling Phil to go fuck himself.

@Iron Hamster I don't think that schmuck quite realizes just how hard up for material he comes across as by being the guy who uses DSP for click-bait. Click-bait is bad enough, but if you're not a straight-up dedicated detractor channel like SJC or Snort Burnell, Phil is about the lowest hanging fruit you can be reaching for, and makes it way worse for your rep.
 
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Trappin in the Trap said:
Phil undoubtedly got fucked over, but he at least has an idea of who is involved. If someone is just trying to fuck with him and it's not a legit DMCA claim, him reacting like this will not help him. He's paranoid as shit. He sees detractors as some kind of zombie hoard trying to knock down the gates of Paypig Paradise. Him freaking out like this would be the equivalent of storing meat right behind said gates.
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*horde

Unless he sees them as a huge stockpile of zombies.
 
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The DMCA exists to protect platforms such as Youtube and Twitch. The automation is there because Google/Amazon can not possibly have a large enough staff to look at the thousands of hours uploaded every minute, nor the thousands of streamers playing on Twitch at any given point of time.

By automating the DCMA process, companies avoid legal liability for copyright infringement. Infringing content is brought down promptly, and it leaves the decision of deciding if something is infringing out of the platform's hands. And there are processes to file a counter-DCMA form to help those who were the target of malicious or erroneous DCMA takedowns.

Unfortunately, it has been used for abuse, but the way the law works, there isn't a better system that will keep Youtube and Twitch out of trouble.
 
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I just want to say that I do think the DMCA is handled in a retarded way by most social media sites. It's a plague on so many commentary creators.

That said there's no fucking way anyone is making an exception for DarkSydePhil lol.
 
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Trappin in the Trap said:
Phil undoubtedly got fucked over
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Did he really though? He didn’t have access to his twitch channel for less than 12 hours and whined during that time while people gave him money. I find it so fucking funny that he made such a big stink over his livelihood being threatened when it’s just one of many platforms he can stream on, he doesn’t have to play games, and he doesn’t have to be on twitch for idiots to throw him money. He was literally making money while complaining about not being able to make money....

I’ve seen so many other content creators struggle through DMCA hoops with zero help from the platform for much longer periods of time to actually feel bad for this small road bump phil experienced for one evening.

The only thing that got fucked over is Phil’s massive pride.
 
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Mr.PiggyOinkOinkOinkOink said:
Did he really though? He didn’t have access to his twitch channel for less than 12 hours and whined during that time while people gave him money. I find it so fucking funny that he made such a big stink over his livelihood being threatened when it’s just one of many platforms he can stream on, he doesn’t have to play games, and he doesn’t have to be on twitch for idiots to throw him money. He was literally making money while complaining about not being able to make money....

I’ve seen so many other content creators struggle through DMCA hoops with zero help from the platform for much longer periods of time to actually feel bad for this small road bump phil experienced for one evening.

The only thing that got fucked over is Phil’s massive pride.
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Doubt is one hell of a drug.

He had a realization he should have had 12 years ago, and when every sponsor, company, and platform dropped him: he has no job security. Most self employed people and contract workers go in knowing this and plan accordingly, be it by stashing money away for the lulls in employable work, making friends in the right places, or flat out having a job with security while doing their own thing.

Mama Burnell wasn't wrong, this won't last forever.

He had a brief glimpse of the real world and it rightly scared the shit out of him. I wanna use the house of card analogy but you know what? The Mr. Burns' doctor's explanation is funnier. So many things are trying to get through the door that they've bottlenecked and got stuck, so in the very, very, very immediate nowness of it all, he is safe. But all it takes is one thing to get through and it will be a disaster for him.

His income is almost entirely dependent on showing up for the five hours a day he is actually on camera. If anything happens to that capability, income drops drastically, and would continue to drop every day he isn't there. Fame of any kind is fickle, and so are most kinds of fans.

You guys aren't wrong, a temporary ban won't hurt him, if anything, it would help him if he had self awareness and the ability to see passed connecting point A to point B. He should see how precarious his lifestyle is, how his reckless spending on anything (gatcha related or not) has shackled him to a lifestyle where only this 'job', under these exact circumstances, can be sustained. Many people could (and have) have retired on the money he made just on the YouTube days, if it was managed properly and he lived even moderately frugally.

I know people like to do the 'I did everything right' line, and they're right to be sarcastic about it. In the grand scheme, he did almost everything wrong. He burned every bridge, he destroyed every friendship, he made a multitude of enemies, he fostered a following based on abusing people that anyone outside of can see for what it is, and beyond a house and a car, he seems to have almost nothing to show for twelve years of work. People have gone insane and/or killed themselves for that sort of thing. There is very little joy in his life, as this entire forum points out, and because of the aforementioned enemies, the few things he can enjoy get systematically destroyed by people that hate him enough to make the effort worth their while. In a weird sort of way, the community of people that loathe him have contributed more to helping him than his most loyal followers, if only he could see the whole picture and not just the attacks. Yes, he is bullied beyond any sane measurement, but by hobbling his avenue of gambling addiction, he could have learned a degree of self control or admitted he has a problem. The thousands of hours of videos pointing out the lies, the abuse, and the perpetual foot in mouth, he could have said, 'wow, did I really say that? I'm a fucking asshole of a cunt', and made efforts to work on himself and his attitude.

I find it funny that he is complaining that people found a hole in a system through which he can abused, because that is exactly how he makes a majority of his money, both by collecting money from people that, for a continually growing amount of proof via doxxing, really do not and cannot know better, and by telling those people to give him this money in a way that circumvents the platform he is on from a portion. Reap what you sow.

Now, reality has reminded him exists. If he ever gets injured, he can't stream. If he can stream, he makes much less money, with less money, he legitimately will not be able to pay his bills, with a bankruptcy on his head that he used to discharge years of frivolous spending and debt kiting, he has not way to possibly survive an actual disaster because he has no savings and lives paycheck to paycheck. His options get fewer with every bad choice he makes, and eventually he is going to be left with no options. If he hasn't been stashing the money he's begged for all these years, his life is just one bad fuck up away from completely disintegrating.

Behold; a successful businessman and a mature adult.

Or a living husk completely dependant on fallible machines to keep him alive. Depends on which side of the glass you're on.
 
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