what i don't understand about this is that clearly UMG has some special access or privileges with youtube. why hasn't youtube taken that access away?
if i file a DMCA complaint as a random nobody, google reviews it at their convenience before acting, right? and if google catches me abusing the system, they're going to take some action against me. imho, if UMG is going to abuse the process youtube should treat them like any other random dude. their takedown requests can go into a queue and get reviewed by google rather than being processed automatically, say at a rate of about one per day.
I think it's a combination of UMG having a massive army of lawyers and youtube/google not wanting to have to fight them.
However instances like this abuse of the DMCA might be grounds for youtube/google to have a form of restraining order placed on UMG. It would seriously hamper UMG's efforts if they had to prove conclusively that a file was infringing. That would quickly put them to a one-a-day rate if they had to give proof that the file in question wasn't under fair use/review/parody etc.
No, if you file a DMCA request as a random nobody, Google does not have the option of reviewing it (or they lose their safe harbor). Their only response to a complete DMCA request has to be to take the video down. Then the uploader can counter-notice if they feel that it's an invalid request.
if i file a DMCA complaint as a random nobody, google reviews it at their convenience before acting, right? and if google catches me abusing the system, they're going to take some action against me. imho, if UMG is going to abuse the process youtube should treat them like any other random dude. their takedown requests can go into a queue and get reviewed by google rather than being processed automatically, say at a rate of about one per day.