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Copyright Confusion: The Case of Domtendo and Fake Takedown Notices

In late September, Dominik “Domtendo” Neumayer faced a worrying situation. After posting a series of videos featuring The Legend of Zelda: Echoes of Wisdom on his YouTube channel, he discovered that several of those videos had been removed due to copyright strikes.

“Some of your videos have been removed,” stated a brief email from YouTube. This notification indicated that Domtendo had received two copyright strikes, placing him perilously close to losing his long-established channel and the substantial following of over 1.5 million subscribers he had cultivated over 17 years.

Fortunately for Domtendo, he noticed something amiss about the takedown notice—something that YouTube’s automated process had overlooked.

Initially, the strikes baffled him; they seemed unjustified. Like many creators, Domtendo specializes in “Let’s Play” videos, a popular format in which players showcase their playthroughs of games. This genre has often been considered beneficial for game publishers as it acts as free marketing.

Nintendo, the company behind the game, has had a historically complex relationship with fan-created content, often sending cease-and-desist orders against unauthorized projects. Yet, it has largely allowed Let’s Play videos to thrive, recognizing their value in promoting its games.

Despite this, the request that led to Domtendo’s takedowns allegedly came from someone in the Nintendo legal department, specifically signed by “Tatsumi Masaaki” from the Nintendo of America legal team, citing the Digital Millennium Copyright Act (DMCA).

A second email from YouTube revealed a critical detail—a request coming from a personal account on an encrypted email service: “tatsumi-masaaki@protonmail.com.”

This discovery raised suspicions about the legitimacy of the copyright claims. YouTube reported that over six percent of copyright takedown requests could be fraudulent. Additionally, anyone can file a claim through simple web forms or email, making it easy for opportunists to misuse the system. The impact of these dishonest claims can be severe for content creators, leading them to incur costs or stress related to legal disputes.

Similarly, Retro Game Corps’ creator encountered legitimate threats from Nintendo, spurring him to self-censor his work to avoid further backlash. He confirmed the legitimacy of the claim by checking the official email associated with the complaint and consulting with a YouTube Partner Manager.

This isn’t an isolated concern, as rumors of false enforcement actions have circulated in the gaming community. Earlier in the year, Garry Newman, developer of Garry’s Mod, removed numerous fan-made Nintendo contents after receiving takedown threats, which were later confirmed to be authentic despite initial skepticism regarding the names used in the complaints.

When Domtendo recognized the potential for fraudulent claims, he decided to contest them. After reaching out to YouTube, he successfully had his videos reinstated. However, “Tatsumi” quickly resumed communication, asserting authority over Domtendo’s video content.

In one email, “Tatsumi” introduced themselves as a representative for Nintendo and referenced a previous notice they’d filed regarding purported infringement of Nintendo’s copyrights.

As the emails from Tatsumi continued to arrive, Domtendo became increasingly concerned. Subjected to persistent requests for the removal of more content, he began taking down videos voluntarily. The demands escalated in tone, with ultimatums that read like a legal threat.

Domtendo soon discovered through discussions with fellow creators, including streamer Waikuteru, that he was not alone in his experience. Waikuteru too had received alarming takedown requests, though his were in Japanese, further complicating the legitimacy checks.

Faced with uncertainty over whether Tatsumi was a legitimate representative, Domtendo reached out directly to Nintendo for clarification. To his surprise, Nintendo confirmed that the ProtonMail address was not authorized and did not align with their copyright enforcement practices, assuring him that they were looking into the matter.

Despite this assurance, Domtendo remained uneasy. He had heard from other creators about authentic threats that had stemmed from credible sources within Nintendo, leading him to question whether Tatsumi was simply using the wrong channels to issue threats.

Then, on October 18, Tatsumi sent an unexpected retraction of their previous claims, but this was swiftly followed by more communications suggesting that while Tatsumi’s capability to file claims was suspended, others from Nintendo would continue to pursue action on their behalf.

The situation escalated further when Domtendo received an email that appeared to come from a legitimate Nintendo email address, yet upon examination of the email headers, he found it was spoofed, revealing the deceptive tactics being employed.

In frustration, Domtendo expressed his discontent with YouTube’s handling of the situation, emphasizing the ease with which false claims can be made against creators, stating, “It’s their fault. Every idiot can strike every YouTuber, and there is nearly no problem to do so. It has to change NOW.”

Challenges around copyright enforcement on platforms like YouTube have led to calls for the need for reform. While creators are meant to be protected under the DMCA’s “Safe Harbor” provisions, critics argue that it disproportionately shields platforms rather than individual creators. Experts maintain that internet platforms often prioritize rapid compliance with copyright claims due to fears of liability.

Many creators, including Domtendo, still question the transparency and fairness of YouTube’s processes. They endure the repercussions of potentially erroneous legal actions that can jeopardize their channels and communities, highlighting a substantial gap in protections for content creators within the current digital landscape. Despite YouTube’s assertions of monitoring and preventing misuse, lingering doubts remain about the efficiency and reliability of these systems.

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www.theverge.com