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  • Okay, guys, we're gonna be one of those talking head videos I haven't done in a while.

  • And this one's not even, like, quote unquote tech related.

  • It's also raining really bad today, probably because there's just, uh this is a sad day for our industry and by industry, I mean tech and specifically tech on YouTube.

  • So I'm not monetizing this video.

  • I'm not playing ads not sponsored about doing any editing to this.

  • So just minimize and just listen, um, we have some stuff to talk about.

  • You guys may remember late last year towards the end of last year, the Verge put out a how to build a PC video.

  • That was dangerous at best.

  • What I mean by that And I didn't make any video content of this kind of poke some fun on Twitter.

  • There was, like, this whole just pile on effect that was happening.

  • And Stephan, the guy who did the video thing, was named Stephon was just getting attacked from every angle tonight, and I don't, uh I don't like that if you want.

  • I jumped on it made fun of external pacing, the tweezers, commenting, all that sort of stuff.

  • If you haven't seen the video, it's easy to find.

  • Just look up, Virg.

  • How to Build a P C.

  • It's been re uploaded a 1,000,000 times punch bunch people doing parodies and a lot of critiques because the problem with that particular how to guide was it was dangerous in the sense that there were things being explained incorrectly, incorrectly enough and so egregiously poor thing.

  • That's right.

  • Word trying to sound smart here.

  • You could damage your stuff by following their tutorial literally, that damage could occur.

  • So a lot of people got very vocal about how bad it was and the Verge pulled down the video.

  • They left the written article left, they pulled down the video.

  • Kind of went from there.

  • I guess I just sort of started to die down.

  • Months went by There still there still jokes flying around.

  • I mean, people don't forget.

  • Right things happen.

  • People make jokes.

  • There's always just that lingering effect, and the right way to handle that would have been just kind of let it die down.

  • Just take it off line.

  • You did what you did.

  • Let it die down.

  • One of the most popular videos that was put up regarding parroting or doing a parody.

  • Based on that build was Kyle Orbit wit, his alter ego, Lyle, doing a kind of a critique of that video.

  • Hilarious.

  • If you haven't seen absolute hilarious, the problem is it got issued a takedown notice from Box Media, which is the parent company that owns the Verge.

  • Now the verge.

  • If you guys don't know, probably lost a lot of credibility leading up to this point, they are definitely a spam site.

  • When I mean by that is, their entire goal is to just put out as many articles as they possibly can, with as many sponsored banners and Sponder sponsored clicks as they can to make their income.

  • There was already some history there with regarding the verge of some of their editors, in that it's written media versus new media.

  • See video content like this like we create like I create Paul Kyle like Linus, even we are considered new media.

  • Traditional media would be like written media newspaper online articles like Fox News, stuff like that regular TV that would be considered old media.

  • And there's always been this kind of a rift because all eyes have really turned to influencers, which I hate that term, by the way.

  • Absolutely that term.

  • I'm not here to influence you to do anything.

  • I'm just here to share information.

  • Would you make it your own opinion?

  • Yes, that's basically influence.

  • If I'm not smart with or responsible with that level of influence, I can happen on the market.

  • But that's a whole different discussion.

  • The problem is they have this just distaste for new media because it took views and clicks away from their traditional sites Rather than kind of adapting to the evolving landscape, which a lot of us grew in.

  • They sort of kind of just started attacking and just making snide comments and stuff like that.

  • Like, I believe there was even a comment once I don't remember whose name it was.

  • Wasn't important member, that person's name, something along the lines of like, Don't forget tech.

  • YouTubers aren't journalists.

  • We'll be honest.

  • I've never been more pleased and just more ecstatic about that because I'm not trying to be a journalist because a lot of journalists have alter ulterior motives, that political alignment, and that's not what I'm about here.

  • So I took that as a compliment.

  • Greatest confident you could give me.

  • I'm not a journalist.

  • Thank you.

  • Unfortunately, the other day, Kyle received a copyright strike and a takedown notice on the video.

  • So the video was automatically taken down.

  • Which leads us to kind of a couple of problems with this.

  • YouTube has very little mechanism to validate a claim or a strike.

  • There are two.

  • They're very They're two different things when I've had plenty of claims on my channel because of music that was used.

  • And then the library I got it from which I had licensed to use, no longer was licensed to use that song.

  • So it moved to another publisher than the publisher has.

  • You know the aye Aye, which goes in there and finds the song of the issues acclaim and redirects the revenue to them.

  • Usually that's really old videos.

  • I don't even care to fight it because it's so old.

  • They don't get views anymore.

  • It doesn't really matter.

  • Acclaim doesn't hurt you.

  • It doesn't remove any of the features from your channel.

  • It doesn't affect your standing.

  • You're copyright standing with the channel.

  • Remember, YouTube is terrified of copyright, and they pass all the liability onto the creator as you should.

  • The problem is when someone like box media goes in there and says, Hey, this video is a violation.

  • It's copying our content.

  • Then you can issue you can you can determine how you wanna handle that.

  • So the claimant or the person filed a claim has to determine.

  • Do I want to claim it or do I want to strike it?

  • Do I want it taken down?

  • What do I want to happen?

  • Well, they went after Kyle with a strike.

  • Now the problem with YouTube in a strike is that's a serious offense.

  • It's like three strikes and you're out back in the day.

  • Used to be three strikes in your channel was closed, entirely gone forever.

  • But the problem with copyright strikes is the fact that basically is a legal claim there.

  • You they are legally claiming they want punishment to you because of the fact that you have copyrighted material that belongs to them.

  • An intellectual property, whatever that you are monetizing and yada, yada, yada, and it's designed to protect you.

  • The DMC.

  • If you haven't looked at the d.

  • M.

  • C.

  • A go and look, it up.

  • It's one of the most abused mechanisms of our modern age because people have used it to basically say, I don't like what that person said about my product.

  • And by the way, free speech Baba blood exists on the Internet.

  • Even if you're outside of the U.

  • S.

  • Borders, there is a freedom of speech, and as long as you're not slandering or liable, liable saying things that aren't true writing things that aren't true, then you can't.

  • You're free to do as you wish.

  • The problem is people have abused DMC A because they just don't like what you said.

  • Now Kyle was under fair use.

  • Fair use basically says you can use content that has been created online like in this case.

  • He basically watched and reacted to that video made commentary, posit, make commentary, whatever, which falls completely under fair use.

  • I learned that as a claim it myself because I had people uploading some of my videos, making commentary and stuff, and I looked into the legal action.

  • I talked to my m san.

  • We talked to the lawyers and found that I would have no legal standing to file a strike now because I go through it.

  • M c m.

  • I had that which stands for multi channel network.

  • By the way, I had at least the legal counsel be able to determine what I couldn't couldn't do, because if I made it in a claim for a strike that was false, then that comes back on me.

  • I don't want that to happen.

  • The problem is, with YouTube, you could do that and there's no repercussion.

  • You can just throw him out there and whatever sticks sticks.

  • And then there's no repercussion.

  • If you abuse that systems, that's problem.

  • Number one problem number two is this with a false strike has no basis because it's used under fair use.

  • In fact, eight straight reproductions went to court and fought this in court and won.

  • So there's already a trial that could be cited in terms of this being abusive.

  • The DMC A So where does that leave us now?

  • Whoa, Kyle.

  • Unfortunately, while this is being handled, cannot live stream, that's that's one of the first features that's removed.

  • He's no longer going to be a recommended channel because of the fact that YouTube now looks at him is a liability because of this strike.

  • Mind you, no one has reviewed this strike.

  • Nobody has gone in and check the validity of this strike.

  • And if they had, then obviously the strike would have never been issued.

  • Now, if you receive three strikes in a three month period, they can close your channel indefinitely, and this strike won't be automatically removed for three months.

  • Which really sucks, because Kyle's having to fight this now and spend time and energy and resource is and doing this, which in the meantime is going to be affecting his day to day operation because features that would be normally available to him are not available.

  • So I'm making this video to make you guys aware The Verge is a tech website.

  • It is a site that is supposed to reside in the same space that we reside and basically coexist harmoniously harmoniously, heart with harmony, whatever.

  • We're supposed to co exist and lift each other up.

  • That's why you see positive stuff going around between Steve and I and Linus Pauling Kyle.

  • We let all the rising sea lifts all ships.

  • There's no reason for anyone to be putting down anyone.

  • Yada, yada, yada are fighting each other because nobody wins in that situation.

  • That's why you don't see me participate in Twitter drama.

  • You don't plan on twitter dot We don't seem to get involved in other people and start fighting them and stuff other creators.

  • That's not what I do.

  • It's not what you're going to see me dio.

  • That's why I don't get in arguments with other YouTubers and stuff and make it, you know, videos about drama videos in this.

  • And then he said this, that's stupid.

  • So this should have never happened to begin with.

  • So at the end of the day, what we have here is somebody in our community who's highly respected, has worked very hard to get where he is having his bottom line completely impacted by a frivolous strike on his channel that YouTube has no protections against.

  • The problem is YouTube is so damn afraid of the repercussions of potentially Google getting in trouble with copyrighted material that they just immediately passed the strike on to the end user, in this case being Kyle.

  • And then it's up to him to fight to get it corrected.

  • That whole innocent to a proven guilty does not exist on YouTube, something that many creators HD a Tree Productions really leading that charge that this needs to be there needs to be review, like actual manual review of every strike before it's issued.

  • The problem is that requires manpower.

  • And we, as we already know, YouTube doesn't even like to give us the features that we want our features that work half the time.

  • How are you gonna put the manpower into this to make sure that creatures like myself are not impacted by people who can simply go and click a few buttons?

  • Now, there should be repercussions on this.

  • And let me tell you why.

  • If you are sued by someone and you don't believe that you are responsible for the suit, you can counter suit.

  • You can countersue for the time and the money and legal and all that that invested in defending yourself.

  • So why doesn't that exist on YouTube?

  • If somebody is abusing DMC A for takedown notices, why is it up to us to have to prove that we're in the right, and then the person that does the claim gets off scot free with no repercussions whatsoever?

  • It it's an extremely one sided system, not saying anything that hasn't been said a 1,000,000 times already through all the people leading the charge like Boogie to 988 Dave to Franco.