It's pretty simple, Alphabet/Google make it far too easy for mistaken, false or frivolous claims. It's obvious why, usually the claimant has the heavy bags of money to use as a bludgeon, but it's not right.
It's not just that it's easy, but that the theft is legal and profitable. You don't even need to be rich to do this, you just need stuff you can claim; see How to Break YouTube (Copyright Claim your own video).
IANAL but it seems to me Alphabet/Google can get in serious legal trouble for it if they continue the system. There are a number of companies who massively submit false copyright claims and YouTube let's them do their business, even though it's easy to check in particular cases that the claims are false. These bogus companies get at least part of the monetization from videos they falsely claim.
Doesn't that mean that Youtube is knowingly facilitating fraud and in some cases - when legitimate content is taken over - even commercial copyright infringement? It seems to me that the only reason why Youtube has gotten away with it so far is that nobody has systematically collected the evidence and sued Youtube in a country like Germany, for instance.
Edit: On a second thought, fraud seems irrelevant. It's about commercial copyright infringement.
There really needs to be a class action suit about this. Google allows Big Content to claim other people's content. Instead of fighting copyright violations, they assist in copyright violations on a massive scale, and deprive artists of income from their content.
The interesting thing is that one idea behind the copyright change in the EU is to alleviate this point. I don't think it'll work, but that's what the politicians touted it as.
It's also because US law requires companies to excessively defend their trademarks in order to enforce them as a rightholder otherwise they lose it. So really US law has just been interpreted in a way that is absurdly annoying for everyone. Companies have no choice but to defend and actively seek out even minor things because it can all be used against them in court eventually one day. As long as they actively suppress that stuff, it proves to a judge they are protecting their IP. It's really a precedent set by the US government to force companies to waste this time and annoy us.
They are different sorts of protection and rights for different sorts of intellectual property.
All/Most countries that have trademark IPR require the holder to defend that right or lose it. It's not US specific. That's because you get the right to that mark because you're using it and watching for other people not to try to misuse or pass off their product/service as yours.
You are not required to immediately defend copyright, because its a right you hold whether you publish your work or not. You have copyright on something basically as soon as it is fixed in a physical form (written/recorded etc).
Finally, with patents, you're not required to have it in physical form, but you are required to describe it to the patent office in a way someone "skilled in the art" could reproduce. If they do that without getting permission then they have violated your patent.
I donate to EFF regularly, and I support the article’s premise.
However, I am not sure an argument by EFF, no matter how much I support it, can be considered a factual counterpoint.
Also, I’m bummed to see the parent post downvoted. I thought on HN, downvotes were supposed to be used on off topic/hostile/unproductive points, not just ones with which we disagree.
The article has citations to some rulings that affirm the point it is making.
"Wallpaper Mfrs., Ltd. v. Crown Wallcovering Corp., 680 F.2d 755, 766 (C.C.P.A. 1982) (“an owner is not required to act immediately against every possibly infringing use to avoid a holding of abandonment”);"
