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YouTube takedown? (MVP member)
extrachannel1 [Avatar]
Newbie Joined: Dec 06, 2014 13:43 Messages: 7 Offline
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Hello support,

I belong to the MVP program inside Cyberlink (if you need email ask). I have come here to solve a problem in YouTube - hoping to reach who is in charge of this.

I got a YouTube video, which was a tutorial on Cyberlink PowerDirector 12, number 3rd most watched video in YouTube (120,000 views in less than one year) on this software. This video was even recognized by the MVP manager that invited me to join the program.

Yesterday I found out that Cyberlink put a take down on such video saying that ''I was illegally distributing cracks and keygens or copies of copyrighted material'', when such video was just a tutorial, and was even recognized by Cyberlink itself, that even offered me the version 13 to go on with the series.

This is clearly a huge mistake. There was nothing on cracks or keygens, and the software itself had a regular license, got through the CREATE box Cyberlink itself gave to me.

Is there anyone that can correct this? This take down is very risky for my YouTube channel, and gives complications for future work.

Thanks in advance..
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BarryTheCrab
Senior Contributor Location: USA Joined: Nov 06, 2008 22:18 Messages: 6240 Offline
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extrachannel1,
welcome to the forum.
I find your post confusing, of course I am often confused.
You are an MVP? I do not know how you join the MVP program before the first posted message. You also do not seem to realize we are volunteers and are in charge of nothing.
You got a Youtube video? What does that mean? Did you create it for your channel? Did you find a video tutorial?
Where is the link? I cannot find it, I found a similar title with the same timecode but with only 299 views, uploaded by Rahullah Hossian.
Something is amiss here and we need more information.
HP Envy Phoenix/4thGen i7-4770(4@3.4GHz~turbo>3.9)
Nvidia GTX 960(4GB)/16GB DDR3/
Canon Vixia HV30/HF-M40/HF-M41/HF-G20/Olympus E-PL5.
Tape capture using 6 VCR, TBC-1000, Elite BVP4+, Sony D8 camcorder with TBC.
https://www.facebook.com/BarryAFTT
tomasc [Avatar]
Senior Contributor Joined: Aug 25, 2011 12:33 Messages: 6464 Offline
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This might be your YT video: https://www.youtube.com/watch?v=cHXFBndbW1M
What name do you use as a Cyberlink MVP? I would like to get free software too.
[Post New]
Quote: This might be your YT video: https://www.youtube.com/watch?v=cHXFBndbW1M
What name do you use as a Cyberlink MVP? I would like to get free software too.


I saw part of your tutorial, it looks good.

I think that the warnings you receive may be from Youtube and your security policy.

If you want and can post the message here we could have a better understanding of his case. AMD-FX 8350 / 8GB DDR3
SSD SUV400S37240G / 2-HD WD 1TB
AMD Radeon R9 270 / AOC M2470SWD
Windows 7-64 / PD16 Ultimate
Carl312
Senior Contributor Location: Texas, USA Joined: Mar 16, 2010 20:11 Messages: 9090 Offline
[Post New]
Quote: This might be your YT video: https://www.youtube.com/watch?v=cHXFBndbW1M
What name do you use as a Cyberlink MVP? I would like to get free software too.

tomasc, I doubt that is the correct video or the correct user.

The Picture of the Youtube notice that extrachannel1 posted shows 113,638 Views. Your link only shows 301 views, so it can not be the same video.

I would bet that Youtube took down his video.

Carl312: Windows 10 64-bit 8 GB RAM,AMD Phenom II X4 965 3.4 GHz,ATI Radeon HD 5770 1GB,240GB SSD,two 1TB HDs.

extrachannel1 [Avatar]
Newbie Joined: Dec 06, 2014 13:43 Messages: 7 Offline
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Thanks for your replies. I'll be more clear as you asked.

First of all, it's not the matter to get softwares for free. When you enter MVP you are asked to partecipate to webinars and to promote contests and links they send to you. In my case, I was making tutorials on YouTube and puttings links they sent through emails. You can say that you work or help Cyberlink as well.
I am not listed in the MVP page because I don't want to show my identity in public. But if you need proof, I have copies of the emails sent by the MVP manager. I don't want to be seen as a liar.

This is the link of the video - I didn't post it because it's quite useless, since it has been removed,
http://www.youtube.com/watch?v=g7h4jhrtQv4

If you need to watch it, I can reupload it somewhere and you can see.
And of course, this was a video I did upload with my channel and was the video through which I was invited inside MVP.

I was invited to ask inside the PowerDirector forum by another MVP member, that got my save problem, but his video is okay. So here I am.

Hoping to be clearer now. Thanks for support.
[Post New]
You need to escalate this with YouTube/Google.

If it would my guess, I would say that you are at fault for using PD for commercial use, clearly prohibited by PD EULA. See this:
http://www.cyberlink.com/support/product-faq-content.do?id=17447&prodId=4&prodVerId=-1
https://support.google.com/youtube/answer/2490090?hl=en

After you submit a video for monetization, YouTube may ask you for additional documentation demonstrating how you own commercial use rights to all elements in your video.

You don't own the commercial rights to the video containers used to upload the videos.

This message was edited 2 times. Last update was at Dec 07. 2014 07:51

extrachannel1 [Avatar]
Newbie Joined: Dec 06, 2014 13:43 Messages: 7 Offline
[Post New]
Thanks for your response.

YouTube has no fault. They just acted following the Legal Issue form that Cyberlink filled up. It's the Cyberlink team that can do something (I guess).

You are right also about the EULA. However, videotutorials fall inside the ''fair use''. As long as you explain, comment, review a copyrighted material for educational purposes, the video is managed as original work, and so commercial use (just on the video) is legal. This is not the problem.. the problem is that Cyberlink has removed the video because I was ''distributing cracks/keygens or serial numbers'', a total different and quite strange reason.

However, thanks for the hint, I'll check this EULA as well.
[Post New]
The videos are fair use.
But containers used to hold the video are not protected by fair use.

If request came from CL, you need to contact them directly, I doubt that their employee are reading the forums.

PS: This is just my educated opinion, I am not a lawyer.

This message was edited 1 time. Last update was at Dec 07. 2014 08:06

BarryTheCrab
Senior Contributor Location: USA Joined: Nov 06, 2008 22:18 Messages: 6240 Offline
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The container is no longer relevant after a Youtube upload, as it is converted.
I believe that it only matters if distributed for profit in the original container. There may be elements within (art, music, pip, etc) that get a violation.
EXTRACHANNEL1, I am looking for more videos from you, but I cannot find them, your channel has but 1 video on it.
HP Envy Phoenix/4thGen i7-4770(4@3.4GHz~turbo>3.9)
Nvidia GTX 960(4GB)/16GB DDR3/
Canon Vixia HV30/HF-M40/HF-M41/HF-G20/Olympus E-PL5.
Tape capture using 6 VCR, TBC-1000, Elite BVP4+, Sony D8 camcorder with TBC.
https://www.facebook.com/BarryAFTT
[Post New]
Barry, if you read the youtube agreement, you cannot use for your uploaded videos software that you have no legal right to. That means at the time of production.
Youtube just got away in 2013 with a settlement from a 1 billion USD copyright lawsuit, so I would assume that they are very careful.

This message was edited 2 times. Last update was at Dec 07. 2014 08:47

extrachannel1 [Avatar]
Newbie Joined: Dec 06, 2014 13:43 Messages: 7 Offline
[Post New]
I don't understand what container means, the only thing I know is that the MVP members were happy for that video and invited me. If it was a video distributing cracks, or a video that didn't respect the EULAs, I suppose they could simply block it one year ago and never invite me inside the program. Why blocking a video after inviting me and after one full year?

I disabled all my videos related to Cyberlink (PowerDirector 12 & 13) for precaution. You can't watch any of them right now, neither find them inside YouTube. I am too scared of this story.

I contacted Cyberlink and they seem to confirm me it has been a mistake. I am just wondering if my video will be reinstated or I have to wait 6 long month to have that stroke removed..

No one else got my same problem?
BarryTheCrab
Senior Contributor Location: USA Joined: Nov 06, 2008 22:18 Messages: 6240 Offline
[Post New]
Quote: Barry, if you read the youtube agreement, you cannot use for your uploaded videos software that you have no legal right to. That means at the time of production.
Youtube just got away in 2013 with a settlement from a 1 billion USD copyright lawsuit, so I would assume that they are very careful.

Well, neither of us are lawyers ( I think), but PD in part is designed for Youtube, Facebook, etc, so if you cannot use it to upload to those and other sites, what good is it? Just sitting alone in front of a screen doing nuthin! HP Envy Phoenix/4thGen i7-4770(4@3.4GHz~turbo>3.9)
Nvidia GTX 960(4GB)/16GB DDR3/
Canon Vixia HV30/HF-M40/HF-M41/HF-G20/Olympus E-PL5.
Tape capture using 6 VCR, TBC-1000, Elite BVP4+, Sony D8 camcorder with TBC.
https://www.facebook.com/BarryAFTT
stevek
Senior Contributor Location: Houston, Texas USA Joined: Jan 25, 2011 12:18 Messages: 4663 Offline
[Post New]
The way I read it, you may have had something in that video that OTHERS were using to circumvent the guidelines.

Did you show entering your key code or other information that should be private only to you and to Cyberlink?

You can still be on the MVP page with no or little information; that would have alleviated some concerns here. Yes, post the initials of the person who invited you.

It may also be caught in with another tutorial where you may have provided a link to download a free version of another pay for program. They (YouTube) may have banned all similar videos.

This message was edited 1 time. Last update was at Dec 07. 2014 09:52

.
.
BoilerPlate: To posters who ask for help -- it is nice to thank the volunteers who try to answer your questions !
Anything I post unless stated with a reference is my personal opinion.
[Post New]
Quote: us are lawyers ( I think), but PD in part is designed for Youtube, Facebook, etc, so if you cannot use it to upload to those and other sites, what good is it? Just sitting alone in front of a screen doing nuthin!

You can upload all day. But if you choose to monetize, that means commercial use.

Alternately, one can contact the owners of said licenses and acquire one or more of them:
http://www.mpegla.com/main/programs/avc/Pages/Intro.aspx

Alternately also, one can acquire a software that is for commercial use.

This message was edited 2 times. Last update was at Dec 07. 2014 11:16

extrachannel1 [Avatar]
Newbie Joined: Dec 06, 2014 13:43 Messages: 7 Offline
[Post New]
Quote: The way I read it, you may have had something in that video that OTHERS were using to circumvent the guidelines.

Did you show entering your key code or other information that should be private only to you and to Cyberlink?

You can still be on the MVP page with no or little information; that would have alleviated some concerns here. Yes, post the initials of the person who invited you.

It may also be caught in with another tutorial where you may have provided a link to download a free version of another pay for program. They (YouTube) may have banned all similar videos.


I usually check very carefully the comments submitted, and I put a special filter that removes as spam all people typing ''download'' ''free'' ''gratis'' ''crack'' ''keygen'' ''serial'' and so on. Even more, if people leave comments, it is their problem. Their video violate guidelines in the first place.

B. F. invited me inside MVP. She is no more in charge the MVP program since the beginning of 2014. I won't post full names since I don't know if I have permissions to do so, forgive me in advance.
ynotfish
Senior Contributor Location: N.S.W. Australia Joined: May 08, 2009 02:06 Messages: 9977 Offline
[Post New]
Hi extrachannel1 -

I've read through this thread just now, trying to separate the grain from the chaff.

Here's what I think I understand:
1. You're an unlisted MVP
2. You've had a video removed by YouTube, presumably because "someone" reported something to YouTube
3. You have contacted CyberLink, who've confirmed it was a "mistake"
4. The notice issued by YouTube states that you provided links that allowed others to illegally obtain CyberLink products, which violates the YouTube Terms of Service
4. You don't think you've done anything wrong
5. You're seeking guidance on what could be done to rectify it?

There's a lot of vague information there. There is a normal process that is followed through YouTube to appeal against such decisions. I'd suggest you will not win the appeal without clear, solid information.

Members here cannot do much to assist. If it was reported by CL, they can withdraw their complaint. CL & YT are the only ones with any power to act.

Quote: You need to escalate this with YouTube/Google

Correct
Quote: YouTube has no fault. They just acted following the Legal Issue form that Cyberlink filled up. It's the Cyberlink team that can do something (I guess).

Yes - but only YouTube can re-instate the video.

Questions
1. Have you ever had content hidden or removed from DirectorZone? That's completely a CyberLink matter - nothing to do with YouTube.
2. Have you had nasty or unpleasant exchanges with others on YT, DZ or social media? I ask that because what's possibly happened is that "someone" reported it to CyberLink, who then reported it to YouTube.
3. Is it possible that when you were "making tutorials on YouTube and putting links they sent through emails" you inadvertently posted a link that shouldn't have been made public?

From the other side of the fence, I once reported a YouTube user who had used MY screen captures & text in a tutorial - changed the music & posted it as their own. After ignoring my "polite" requests to remove it, I had no option but to report (or tolerate plagiarism). This is what happened to that video - https://www.youtube.com/watch?v=W_6UMCZ8gdc That might seem unrelated, but people do pretty tricky things out there.

SoNic67 - speaking of the EULA (again) - I wonder if people who do dishonest things then turn around and be honest about what they've done?

extrachannel1 - if your video & description was within the YouTube Terms of Service & there has been some mistake made, it will be re-instated. I wouldn't stop uploading things you want. Nor would I have hidden the other PD tutorials you made. That's admitting defeat.

Cheers - Tony





This message was edited 3 times. Last update was at Dec 08. 2014 02:05


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extrachannel1 [Avatar]
Newbie Joined: Dec 06, 2014 13:43 Messages: 7 Offline
[Post New]
Wow are you the owner of PDtoots?

Anyways, you are all correct. I'll be careful for my future videos.

The problem was simply that the video had comments of people distributing cracks and keygens. That's why it has been removed.

It is my duty to filter these comments and remove them. However, these people are against guidelines, not the content of the video.

CL confirmed me the withdraw and now I am waiting YT to reinstate my video.

You are members of forums and volunteers, but indeed I understood a lot from this post, thank you!

Information was not clear because I didn't know much more on what happened..
ynotfish
Senior Contributor Location: N.S.W. Australia Joined: May 08, 2009 02:06 Messages: 9977 Offline
[Post New]
PDtoots is a group of people who make tutorials. I don't "own" it. Noone does. It's just a cooperative venture. Different forum members have contributed toots & noone's the boss. Senior Contributor Cranston gave birth to the idea a few years back. It's probably fair to say that he & I do the bulk of the "work".

Re: YouTube comments - as far as I know, comments that contain email addresses or links are typically filtered by YouTube and hidden from view - until the channel owner approves them. Not sure what happened in your case.

I'm glad that everything will be put right again for you.

Cheers - Tony
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[Post New]
Quote: SoNic67 - speaking of the EULA (again) - I wonder if people who do dishonest things then turn around and be honest about what they've done?
Cheers - Tony

Tony, if you noticed, I only want to clarify that hidden aspect for people that say they make money with this. Is meant to help them realize a certain aspect, and possible avoid future headaches (for their business model).

Personally, I don't care either way about the matter, and never address it for personal use. I am not a MVP, so I am not paid by CL directly or indirectly. There may be many ethical issues here, issues going both ways - but that would be off topic anyway.

This message was edited 2 times. Last update was at Dec 09. 2014 07:07

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