I think you are probably basically right, but it seems notable that what YouTube does is not just a DMCA by-the-books implementation, but their own policy/structure, right?
That is, they give copyright claimants more flexibilty/power than the DMCA strictly requires; the DCMA "counter-claim" process would let them put the material back up in response to a counter claim the end without the original claimant needing to approve or agree with your counter-claim, which is not how YouTube operates.
Youtube's system resembles the DMCA, but is not the DMCA, and is much more pro-claimant than the actual DMCA.
Woudln't an actual DMCA proess be sufficient to avoiding "suing out of oblivion"?
My guess is that part of is YouTube's current business model, they make money by enforcing copyright, they have no business/profit incentive to let you file a DMCA counter-notice, and plenty to make it even easier than the DMCA specifies to file a claim.
YouTube’s “ContentID” system came about at roughly the same time as Vevo (music videos on demand) became a thing. My guess is that it was implemented to appease the rights holders so they’d put their videos on YouTube.
DMCA doesn't protect someone who makes money directly from the content. Let the lawyers decide what that means, but I guess it could cover advertising and subscriptions if you prove there's a big chunk of copyrighted content. Hence their pseudo-DMCA appeasement process.
There seems to be a gap though. If I make something independently and am not covered by Content ID and want nothing to do with it, they will need to abide by the DMCA. They have been sued over this and I think it's a fair argument. Setup a system and force me to use it without any contractual agreements, waiving my legal rights? Doesn't really seem proper.
That is, they give copyright claimants more flexibilty/power than the DMCA strictly requires; the DCMA "counter-claim" process would let them put the material back up in response to a counter claim the end without the original claimant needing to approve or agree with your counter-claim, which is not how YouTube operates.
Youtube's system resembles the DMCA, but is not the DMCA, and is much more pro-claimant than the actual DMCA.
Woudln't an actual DMCA proess be sufficient to avoiding "suing out of oblivion"?
My guess is that part of is YouTube's current business model, they make money by enforcing copyright, they have no business/profit incentive to let you file a DMCA counter-notice, and plenty to make it even easier than the DMCA specifies to file a claim.