DMCA Complaint against Youku - Content, Writing and Copyright forum at WebmasterWorld - WebmasterWorld

Forum Moderators: not2easy

Message Too Old, No Replies

DMCA Complaint against Youku

NeonFlash

7:37 am on Jan 5, 2013 (gmt 0)

10+ Year Member

I have found some copyrighted content on Youku.com

As you know, Youku is a Web Streaming site providing a service similar to Youtube. Its a Chinese website and I think most of the traffic to Youku.com comes from China.

Now, I want to file a DMCA notice to Youku to remove the allegedly infringed content from their site.

There is a link here:

[c.youku.com...]

You can download a Microsoft Word Document from there, fill the details and then send them an email.

However, what makes me wonder is, the entire web page is in Chinese, the Word Document's Contents are in Chinese, the terms of Service and Rules are written in Chinese.

I do not think they are really going to take any action if a copyright infringement notice is filed because they have no instructions for English Speaking Users.

Or they expect you to use an online Translator like Google for this purpose?

Anyway, I am going to fill the details in Word Document and send Youku an email however wanted to know if someone has any experience with filing DMCA notices on Youku or aware of the kind of response they have to copyright infringement complaints?

After searching on Google, I came across one article where someone mentioned that as a result of filing a copyright infringement notice, Youku just blocked the videos in US while they could still be accessed from other countries.

martinibuster

5:45 pm on Jan 5, 2013 (gmt 0)

WebmasterWorld Administrator

10+ Year Member

Top Contributors Of The Month

DMCA is a USA law. The domain is regged with a Chinese organization. The site is hosted in China. There's a possibility they may not be inclined to observe the laws of the United States.

NeonFlash

3:53 am on Jan 6, 2013 (gmt 0)

10+ Year Member

That is true. However, DMCA is applicable in several countries besides USA as well.

In this case, I think the only option is to fill the Chinese Word Document and send an email to Youku to delete the content. I wonder if they will even consider to take action on an email written in English.

I guess I am going to need an English to Chinese translator to do the work.

martinibuster

7:47 am on Jan 6, 2013 (gmt 0)

WebmasterWorld Administrator

10+ Year Member

Top Contributors Of The Month

That is true.

So I am right.

However, DMCA is applicable in several countries besides USA as well.

Oh, so I am wrong? I am either right or I am either wrong. I can't be both. ;)

Are you saying that China requires their citizens to obey United States laws?

Please name the countries that require their citizens to follow United States laws.

jecasc

11:24 am on Jan 6, 2013 (gmt 0)

WebmasterWorld Senior Member

10+ Year Member

Most (at least western) countries have similar copyright laws and notice and take-down procedures. So while sending a letter and demanding the takedown of infringing content might not be called a "DMCA notice" the procedure is often very much the same.

So actually you are both right and wrong. It's often the same thing with another name.

NeonFlash

2:31 pm on Jan 6, 2013 (gmt 0)

10+ Year Member

China would certainly not follow DMCA. However, a notice and takedown policy is followed by Europe (EU Electronic Commerce Directive) as well.

See this:

[en.wikipedia.org...]

I have not seen a similar policy or procedure in place for China where Copyright Infringement is well known.

In the case of Youku, I do not intend to file a DMCA Take Down notice as it is not applicable.

Their way of complying with the laws is to ask you to fill a Microsoft Word Document (completely in Chinese) and mail them.

Like every other copyright infringement notice, Youku's Word Document requests for the same set of information as a DMCA too.

Different names of the Policies but similar ways of operating.

oliondor

8:07 pm on Jan 6, 2013 (gmt 0)

10+ Year Member

What is your problem with them using your video ? It's just more advertising for you !

Dmca is only for US and you have 0% chance to do anything against foreign website, people who tell something else are just dreaming.

piatkow

9:55 am on Jan 22, 2013 (gmt 0)

WebmasterWorld Senior Member

10+ Year Member

Top Contributors Of The Month

The trouble with discussions like this is that DCMA seems to be regarded by some as a generic term for a take down request in the same way as Hoover gets used (in the UK at least) as a generic term for a vacuum cleaner.

If you start explicitly quoting DCMA at a non US recipient, even if there is an analagous local procedure, the immediate reaction is likely to consist of two words.