[Gnso-igo-ingo-crp] Food for Thought: DMCA procedure at YouTube contrast with UDRP/URS

[George Kirikos]

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-1821804093

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/