Random Thoughts – Randocity!

Rant Time: Google doesn’t understand COPPA

Posted in botch, business, california, rant by commorancy on November 24, 2019

kid-tablet.jpgWe all know what Google is, but what is COPPA? COPPA stands for the Children’s Online Privacy Protection Act and is legislation designed to incidentally protect children by protecting their personal data given to web site operators. YouTube has recently made a platform change allegedly around COPPA, but it is entirely misguided. It also shows that Google doesn’t fundamentally understand the COPPA legislation. Let’s explore.

COPPA — What it isn’t

The COPPA body of legislation is intended to protect how and when a child’s personal data may be collected, stored, used and processed by web site operators. It has very specific verbiage describing how and when such data can be collected and used. It is, by its very nature, a data protection and privacy act. It protects the data itself… and, by extension, the protection of that data hopes to protect the child. This Act isn’t intended to protect the child directly and it is misguided to assume that it does. COPPA protects personal private data of children.

By the above, that means that the child is incidentally protected by how their collected data can (or cannot) be used. For the purposes of COPPA, a “child” is defined to be any person under the age of 13. Let’s look at a small portion of the body of this text.

General requirements. It shall be unlawful for any operator of a Web site or online service directed to children, or any operator that has actual knowledge that it is collecting or maintaining personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under this part. Generally, under this part, an operator must:

(a) Provide notice on the Web site or online service of what information it collects from children, how it uses such information, and its disclosure practices for such information (§312.4(b));

(b) Obtain verifiable parental consent prior to any collection, use, and/or disclosure of personal information from children (§312.5);

(c) Provide a reasonable means for a parent to review the personal information collected from a child and to refuse to permit its further use or maintenance (§312.6);

(d) Not condition a child’s participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity (§312.7); and

(e) Establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children (§312.8).

This pretty much sums up the tone for what follows in the body text of this legislation. What it essentially states is all about “data collection” and what you (as a web site operator) must do specifically if you intend to collect specific data from someone under the age of 13… and, more specifically, what data you can and cannot collect.

YouTube and Google’s Misunderstanding of COPPA

YouTube’s parent company is Google. That means that I may essentially interchange “Google” for “YouTube” because both are one-in-the-same company. With that said, let’s understand how Google / YouTube fundamentally does not understand the COPPA body of legislation.

Google has recently rolled out a new feature to its YouTube content creators. It is a checkbox both as a channel wide setting and as an individual video setting. This setting sets a flag whether the video is targeted towards children or not (see image below for this setting’s details). Let’s understand Google’s misunderstanding of COPPA.

COPPA is a data protection act. It is not a child protection act. Sure, it incidentally protects children because of what is allowed to be collected, stored and processed, but make no mistake, it protects collected data directly, not children. With that said, checking a box on a video whether it is appropriate for children has nothing whatever to do with data collection. Let’s understand why.

Google has, many years ago in fact, already implemented a system to prevent “children” (as defined by COPPA) to sign up for and use Google’s platforms. What that means is when someone signs up for a Google account, that person is asked questions to ascertain the person’s age. If that age is identified as under 13, that account is classified by Google as in use by a “child”. Once Google identifies a child, it is then obligated to uphold ALL laws governed by COPPA (and other applicable child privacy laws) … that includes all data collection practices required by COPPA and other applicable laws. It can also then further apply Google related children protections against that account (i.e. to prevent the child from viewing inappropriate content on YouTube). Google would have needed to uphold these data privacy laws since the year 2000, when COPPA was enacted. If Google has failed to protect a child’s collected data or failed to uphold COPPA’s other provisions, then that’s on Google. It is also a situation firmly between Google and the FTC … the governmental body tasked with enforcing the COPPA legislation. Google solely collects the data. Therefore, it is exclusively on Google if that data is used or collected in inappropriate ways, counter to COPPA’s requirements.

YouTube’s newest “not appropriate for children” flag

As of November 2019, YouTube has implemented a new flag for YouTube content creators. The channel-wide setting looks like so:

Screen Shot 2019-11-24 at 2.33.32 AM

This setting, for all intents and purposes, isn’t related to COPPA. COPPA doesn’t care whether video content is targeted towards children. COPPA cares about how data is collected from children and how that data is then used by web sites. COPPA is, as I said above, all about data collection practices, not about whether content is targeted towards children.

Let’s understand that in the visual entertainment area, there are already ratings systems which apply. Systems such as the ESRB ratings system founded in 1994. This system specifically sets ratings for video games depending on the types of content contained within. For TV shows, there is the TV Parental Guidelines which began in 1996 and was proposed between the US Congress, the TV industry and FCC. These guidelines rate TV shows such as TV-Y, TV-14 or TV-MA depending, again, on the content within. This was mandated in 1997 by the US Government due to its stranglehold on TV broadcast licenses. For theatrical films, there’s the MPAA’s movie ratings system which began in 1968. So, it’s not as if there aren’t already effective content ratings systems available. These voluntary systems have been in place for many years already.

For YouTube, marking your channel or video content as “made for kids” has nothing whatever to do with COPPA legislated data collection practices.

YouTube Creators

Here is exactly where we see Google and YouTube’s fundamental misunderstanding of COPPA. COPPA is about the protection and collection of data from children. Google collects, stores and uses this and all data it collects. YouTube creators have very, very limited access to any of this Google-collected data. YouTube creators have no hand in its collection or its use. Google controls all of the data collection on YouTube. With the exception of comments and the list of subscribers of a channel, the majority of the data collected and supplied by Google to the creators is almost exclusively limited to aggregate unpersonalized statistical data. Even then, this data can be inaccurate depending on what the Google account ID stated when they signed up. Still, the limited personal subscriber data it does supply to content creators is limited to the subscriber’s ID only. Google offers its content creators no access to deeper personal data, not even the age of its subscribers.

Further, Google (and pretty much every other web site) relies on truthfulness when people sign up for services. Google does not in any way verify the information given to Google during the signup process or that this information is in any way accurate or truthful. Indeed, Google doesn’t even verify the identity of the person using the account or even require the use of real names. The only time Google does ANY level of identity verification is when using Google Wallet. Even then, it’s only as a result of needing identity verification due to possible credit card fraud issues. Google Wallet is a pointless service that many other payment systems do better, such as Apple Pay, Amazon Checkout and, yes, PayPal. I digress.

With that said, Google is solely responsible for all data collection practices associated with YouTube (and its other properties) including storing, processing and managing of that data. YouTube creators have no control over what YouTube (or Google) chooses to collect, store or disseminate. Indeed, YouTube creators have no control over YouTube’s data collection or storage practices whatsoever.

This new alleged “COPPA mechanism” that YouTube has implemented has nothing whatever to do with data collection practices and everything to do with content which might be targeted towards “children”. Right now, this limited mechanism is pretty much a binary system (a very limited system). The channel either does or it doesn’t target content towards children (either channel as a whole or video by video). It’s entirely unclear what happens when you do or don’t via YouTube, though some creators have had seeming bad luck with their content, which has been manually reviewed by YouTube staff and misclassified as “for children” when the content clearly is not. These manual overrides have even run counter to the global channel settings, which have been set to “No, set this channel as not made for kids.”

Clearly, this new mechanism has nothing to do with data collection and everything to do with classifying which content is suitable for children and which isn’t. This defines a …

Ratings System

Ratings systems in entertainment content are nothing new. TV has had a content rating systems since the mid 90s. Movies have had ratings systems since the late 60s. Video games have had them since the mid 90s. COPPA, on the other hand, has entirely nothing to do with ratings or content. It is legislation that protects children by protecting their data. It’s pretty straightforward what COPPA covers, but one thing it does not cover is whether video content is appropriate to be viewed by children. Indeed, COPPA isn’t a ratings system. It is child data protection legislation.

How YouTube got this law’s interpretation so entirely wrong is anyone’s guess. I can’t even fathom how Google could have been led this astray. Perhaps Google’s very own lawyers are simply inept and not at all versed in COPPA? I have no idea… but whatever led YouTube’s developers to thinking the above mechanism in any way relates to COPPA is entirely wrong thinking. No where does COPPA legislate YouTube video content appropriateness. Categorizing content is entirely up to a ratings system to handle.

Indeed, YouTube is trudging on very thin ice with the FTC. Not only did they interpret the COPPA legislation completely wrong, they have implemented “a fix” even more wrongly. What Google and YouTube has done is shoot themselves in the foot… not once, but twice. The second time is that Google has fully admitted that they don’t even have a functional working ratings system. Indeed, it doesn’t… and now everyone knows it.

Google has now additionally admitted that children under the age of 13 use YouTube by the addition of this “new” mechanism. With this one mechanism, Google has admitted to many things about children using its platform… which means YouTube and Google are both now in the hot seat with regards to COPPA. They must now completely ensure that YouTube (and Google by extension) is fully and solely complying with the letter of COPPA’s verbiage by collecting children’s data.

YouTube Creators Part II

YouTube creators have no control over what Google collects from its users, that’s crystal clear. YouTube creators also don’t have access to view most of this data or access to modify anything related to this data collection system. Only Google has that level of access. Because Google controls its own data collection practices, it is on Google to protect any personal information it may have received by children using its platform.

That also means that content creators should be entirely immune from prosecution over such data collection practices… after all, the creators don’t own or control Google’s data collection systems.

This new YouTube mechanism seems to imply that creators have some level of liability and/or culpability for Google’s collection practices, when creators simply and clearly do not. Even the FTC made a striking statement that they may try to “go after” content creators. I’m not even sure how that’s possible under COPPA. Content creators don’t collect, store or manage data about children, regardless of the content that they create. The only thing content creators control is appropriateness of the content towards children… and that has nothing to do with COPPA and everything to do with a ratings system… a system that Google does not even have in place within YouTube.

Content creators, however, can voluntarily label their content as TV-MA or whatever they deem is appropriate based on the TV Parental Guidelines. After all, YouTube is more like TV than it is like a video game. Therefore, YouTube should offer and have in place the same ratings system as is listed in the TV Parental Guidelines. This recent COPPA-attributed change is actually YouTube’s efforts at enacting a content ratings system, albeit an extremely poor attempt at one. As I said, creators can only specify the age appropriateness of the content that they create. YouTube is simply the platform where it is shown.

FTC going after YouTube Creators?

Google controls its data collections systems, not its content creators (though YouTube does hold leverage over whether content is or remains monetized). What that means is that it makes absolutely no sense for the FTC to legally go after content creators based on violations of COPPA. There may be other legislation they can lean on, but COPPA isn’t it. COPPA also isn’t intended to be a “catch all” piece of legislation to protect children’s behaviors on the Internet. It is intended to protect how data is collected and used by children under 13 years of age… that’s it. COPPA isn’t intended to be used as a “ratings system” for appropriateness by video sharing platforms like YouTube.

I can’t see even one judge accepting, let alone prosecuting such a clear cut case of legal abuse of the justice system. Going after Google for COPPA violations? Sure. They stored and collected that data. Going after the YouTube content creators? No, I don’t think so. They created a video and uploaded it, but that had nothing whatever to do with how Google controls, manages or collects data from children.

If the US Federal Government wants to create law to manage appropriateness of Internet content, then they need to draft it up and pass it. COPPA isn’t intended for that purpose. Voluntary ratings systems have been in place for years including within motion pictures, TV and now video games. So then why is YouTube immune from such rating systems? Indeed, it’s time YouTube was forced to implement a proper ratings system instead of this haphazard binary system under the false guise of COPPA.

Content Creator Advice

If you are a YouTube content creator (or create on any other online platform), you should take advantage of the thumbnail and describe the audience your content targets. The easiest way to do this is to use the same ratings system implemented by the TV Parental Guidance system… such as TV-Y, TV-14 and TV-MA. Placing this information firmly on the thumbnail and also placing it onto the video at the beginning of your video explicitly states towards which age group and audience your content is targeted. By voluntarily rating not only the thumbnail, but also the content itself in the first 5 minutes of the video opening, your video cannot be misconstrued for any other group or audience. This means that even though your video is not intended for children, placing the TV Parental Guidance rating literally onto the video intentionally states that fact in plain sight.

If a YouTube employee manually reclassifies your video as being “for children” even when it isn’t, labeling your content in the video’s opening as TV-MA explicitly states that the program is not suitable for children. You might even create an additional disclaimer as some TV programs do stating:

This content is not suitable for all audiences. Some content may be considered disturbing or controversial. Viewer or parental discretion is advised.

Labeling your video means that even the FTC can’t argue that your video somehow inappropriately targeted children… even though this new YouTube system has nothing to do with COPPA. Be cautious, use common sense and use best practices when creating and uploading videos to YouTube. YouTube isn’t there to protect you, the creator. The site is there to protect YouTube and Google. In this case, this new creator feature is entirely misguided as a COPPA helper, when it is clearly intended to be a ratings system.

Before you go…

One last thing… Google controls everything about the YouTube platform including the “recommended” lists of videos. If, for whatever reason, Google chooses to promote a specific video towards an unintended audience, the YouTube creator has no control over this fact. In point of fact, the content creator has almost no control over any promotion or placement of their video within YouTube. The only exception is if YouTube allows for paid promotion of video content (and they probably do). After all, YouTube is in it for the $$$. If you’re willing to throw some of your money at Google, I’m quite sure they’d be willing to help you out. Short of paying Google for video placement, however, all non-paid placement is entirely at the sole discretion of Google. The YouTube creator has no control over their video’s placement within “recommended” lists or anywhere else on YouTube.

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Should we believe social media influencers?

Posted in advice, Google, scams, youtube by commorancy on May 14, 2019

There are many, many YouTubers (and Instagramers) who claim to profess knowledge of a given topic. By far, a vast majority are in the beauty industry. After all, beauty sells. Unfortunately, while they may be pretty, many have few brain cells in their heads. Let’s explore.

Social Media Sites: YouTube and Instagram

With the advent of social media sites, many young people have rabidly jumped on board to create content for these platforms. Some of these people (dare I say ‘kids’) have chosen to specialize in specific areas, like beauty products. I’ll focus on these ‘influencers’ in this article. Can these (or any) ‘influencers’ be trusted?

The short answer to this question is, no. These are young people (many aged between 18 and 21) who have acquired just enough knowledge to be dangerous. Yet, they in no way should be considered “professional”, let alone “knowledgeable”. I won’t name any names here. Even if I wanted to name names, there are actually far too many of these types of beauty channels to even point out a single one. Suffice it to say, there are many, many far too young beauty advocates on YouTube who may already have money, a palette of makeup and very strong opinions, yet actually have no skill or talent at all. Instead, with their limited talent at applying makeup, they have managed to amass a large following of young followers. Some have gained enough followers that they have been able to get product endorsements, sponsorships, monetization or have been approached to create product lines. Gaining followers is actually what they are good at, not applying the makeup, not creating the hairstyles, not selling makeup brushes.

In fact, many of their ideas can be downright dangerous. What they are actually good at is…

Hawking Products

And… that’s not a reason to celebrate or follow anyone. As these “kids” become “personalities” on screen, what you’re buying into isn’t the their products, but their drama. Watching an 18 year old drag queen apply makeup like a pro may seem enthralling, but the reality is you have no idea how many times that person may have applied it until they got the application just perfect. Maybe they even hired someone to apply it on them pretending as though they applied it. As we all know, “Practice Makes Perfect.” No where is this concept more important than on YouTube. Yet, fakery is everywhere, even in these beauty videos.

YouTube videos make the application of beauty products seem like a breeze. What you aren’t seeing is all of days worth of practice and product testing that the YouTube “personality” (and I use that term very loosely) endured to make that video appear perfect. Even then, give them a few months and they couldn’t even reproduce that look, if they even produced it the first time. Who knows if they even really applied the makeup themselves?

Unfortunately, the goal of being a celebrity is the want of money. In fact, many YouTuber’s goals are to make money from the platform. That’s their #1 goal. It’s not about you, the viewer. It is about you, the consumer funneling money into their channel (and eventually into their products). Whether that money is via clicking advertisements or via Patreon or buying into their sponsored products.

This is why the once “down to earth” YouTuber turns into a flamboyant, loud, arrogant, controversial dramatic personality trying to get you to buy the latest Morphe brush set that you don’t really need. It’s about making THEM money and parting you from yours. It’s not about reality, it’s about sales and fakery.

Drama Advertising

YouTube drama and scandals are quite commonplace in the YouTube beauty arena. On the one hand you have a seeming drag queen who’s boisterous, loud and obnoxious. On the other, you have another large personality who feels they are also entitled. When the two clash, it becomes a huge social media blow up. It ends up all over Twitter, Facebook, Instagram and, yes, YouTube.

The scandal and drama fuels their channels with tons of new subscribers, viewers and brings their brand front and center. Effectively, it’s ‘dramadvertising’. The question is, is whether all of that drama is …

Fake

One of the problems with YouTube is that so much of what you see is fake. With perfect cuts between takes, filters, expensive lighting and cameras and, yes, even the perfect application of makeup, the camera can make someone appear flawless.

With the makeup (or more specifically, fakeup), when you turn the ring lights off and take that person out into natural lighting, not only will the makeup application look like crap, you’ll be able to see very crease, flaw and imperfection in the application. Even then, the makeup is so overbearing, you wouldn’t really want to wear it anyway. With the right lighting and cameras, you can hide just about any imperfection. With the wrong lighting, let’s just say that the personality is an amateur.

Additionally, much of the drama that shows up on YouTube is entirely fake and is staged as a publicity stunt. Just like YouTube celebs sometimes have seeming congenial collabs with one another, they can also script scandals in the same way. It’s so easy for two personalities to meet and agree (to publicly disagree), to make a scene on social media designed to get their channels more viewers, more divisive comments and basically stir the pot. Sometimes stirring the pot is the only way to gain more viewers.

Several large beauty personalities have tried this approach in the recent past. Again, I won’t name names as they don’t deserve to be named on Randocity. I won’t give them the satisfaction of increasing their channel’s membership at the cost of my time spent writing this article. No. If you want to find those scandals from the recent past, you’ll need to head on over to Google and do some searching.

Knowledge, Age and Acting

I’m not going to say there aren’t prodigies in this world. There are. Unfortunately, none of them are on YouTube hawking beauty products. What you see on YouTube is random, usually “pretty” young guys and girls who have gained a following because of their seeming talents. Oh, they have a talent, but it’s not teaching you beauty techniques. Oh, no no. The talent they have is parting you from your money and being a general scam artist.

At 19, I didn’t have enough knowledge enough in any subject to be considered “professional” at anything. These same aged personalities on YouTube are also in this same boat. If they have any knowledge, it’s likely because they paid for it by hiring someone to show it to them, or more likely, do it for them. That’s not knowledge acquisition, that’s acting… and not even very good acting at that.

In fact, anyone on YouTube who has a channel is acting. Some of that acting is, in general, for the betterment of the viewers by showing the viewers something interesting. This should be considered entertainment, not advice.

While I can buy into an actor on stage telling me a story, I can’t buy into an actor behind a camera trying to sell me Morphe brushes. This was tried in the 90s via many, many…

Infomercials

Before YouTube became a thing, infomercials ruled. The talent that might have jumped in front of a camera for YouTube instead did so for Guthy Renker or other similar production companies. These companies have hawked all sorts of garbage throughout the 90s and 00s on late night TV.

These things including psychic readings, beauty products, acne products, hair care products, kitchen gadgets and even money making books. The array of crap advertised on infomercials is as varied as it is endless. Thankfully, infomercials were typically one-and-done. Meaning, only one infomercial was ever produced and when its run finally ran out months (or years later), the product disappeared from the airwaves.

YouTube

With YouTube, we now have a situation where the same crap that was hawked via late night infomercials has moved to YouTube as a daily, biweekly or weekly “show” (again, I use this term loosely). Because many of these personalities produce their own material, the structure of the video is random and chaotic. The one thing that isn’t random is their want for money.

Worse, viewers seem to buy into this random chaos from a random “young” person. It makes them see more “real”. Don’t kid yourself, there’s nothing at all real about a guy dressing up in drag for a camera. That’s a show.

In all likelihood, when that “kid” gets home, the makeup, nails and hair all goes away and they go back to being average kid living with their parents. It’s all for the camera.

This is the fallacy of YouTube. It’s not real. It’s not genuine. It’s not even accurate. It’s fakery and deception at its finest. The “Hi Guys… I appreciate you so, so much” is so disingenuous, it makes me want to gag. I can’t even count the number of times I’ve heard a similar phrase from a YouTuber. It’s all superficial and fake. Many of these kids turned personalities are likely even mentally disturbed. Yet, they can somehow compose themselves enough in front of a camera to appear ‘sane’ and ‘normal’. These are people who are not and should never be role models, let alone ever consider befriending in real life.

Yet, companies like Morphe extend sponsorships to these damaged folks, not because they’re good role models, but because they have 1 million or more YouTube subscribers… in other words, for all of the wrong reasons.

What is your damage?

An age old question, but very applicable to many YouTube personalities. Far too many of them, in fact. I simply do not feel comfortable taking advice from someone I don’t know, let alone from a drag queen whose claim to fame is putting on flawless makeup using a social platform without any formal training. Really? You expect me to believe what you have to say simply because you’re “famous” or because you look like you know what you’re doing? No.

YouTube Fame

Many YouTubers seem to think that being famous on YouTube actually means something. It doesn’t. If you want to be famous, and I mean seriously famous, you train to become an actor and you get hired in a blockbuster a film or highly rated TV series… then put on a performance that wins awards. That’s fame. And, that’s fame for all the “right” reasons… including displaying actual talent.

Being on YouTube because you can run a camera isn’t fame. It isn’t even celebrity. If anything it’s considered being a “minor” celebrity… and that’s being extremely generous. Being on YouTube doesn’t require skill, it only requires a camera, an idea and your opinions. Again, I won’t name any channels because the point of this article isn’t to send you off to a YouTube channel to become a subscriber, it’s to point out the problems with YouTube as a platform… and where YouTube stands today.

It’s called YouTube with a YOU

There’s a ‘YOU’ in the name. Which means, it’s about you. The real you. Not about a sponsor. Not about your cat. Not about makeup. Not about advertising. It’s about YOU. I think the platform has lost its reason why it came to be. When YouTube became about making money and lost actually being about ‘YOU’, then it became yet another lame commercial platform to sell stuff. And, that’s exactly what it’s become. One big advertising platform… from the embedded ads in the videos to the ads served up verbally in the videos by the creators.

In fact, it should probably be renamed ‘AdTube’ as that’s what it has become. It’s not about the ‘YOU’, it’s about the ‘advertising’, making money and selling you, the viewer, something, anything.

I used to go to YouTube to find interesting people doing interesting things. To find funny, amateur videos. Today, it’s about selling you something and making the creator money. When I go into a video and within 1-3 minutes a strategic product placement appears, I click away. Too many videos are now following this format.

With YouTube’s crackdown on monetization, that’s making even the biggest channels less and less money. I’m all for that. If YouTube turned off monetization tomorrow, it wouldn’t make many creators happy, but it would bring the platform back to its roots… the reason the ‘YOU’ in YouTube exists.

YouTube should move the the highly commercial channels into a new network called AdTube. Get them off the YouTube platform and let YouTube go back to its roots. Turn AdTube into the network that allows these highly commercial, highly sponsored, advertising heavy videos (and channels) to operate. YouTube doesn’t need these. In fact, because YouTube has basically degraded so badly, it’s really just a matter of time before the platform ultimately implodes under its own weight and stigma. Google needs to make a choice and they need to make it fast.

Making Choices

We, as consumers, need to wake up and stop following (and buying stuff from) brainless YouTubers who have no skills or talents other than holding a camera. You have a choice to watch or click away. You don’t even have to visit YouTube. Use your own critical thinking and stop watching channels that have 5, 10, 15 ads along with paid sponsorships in the video. That’s not what YouTube is about, that’s what both YouTube and Instagram have become.

You don’t have to watch this drivel. You have choices. Turn it off and spend time doing something creative or with your friends or family. Learn something… like how to draw or paint or play a guitar. Pick up something that you can do and learn to do it. You don’t need to watch someone on YouTube to be creative. In fact, watching YouTube does the opposite of making you creative. It robs you of precious time that you could be learning a skill, craft or how to play music. Spend that time bettering yourself rather than giving your money to someone and wishing you could be like them.

In fact, you don’t want to be like them. They may appear wholesome and friendly on YouTube, but chances are they are far, far different from what they portray themselves to be. As I said, they’re actors putting on a character. It’s not real. It’s not genuine. It’s a character designed to rope you in and have you spend money on them.

Authentic YouTubers

Just to clarify, this article is not intending to rail against every YouTuber. I’m specifically calling out the big 1, 2, 10 and 50 million subscriber channels playing every trick in the book to get you to spend money. And more specifically, this article is aimed squarely at the beauty industry channels. These very large, seemingly successful channels are solely about one thing. Getting you to buy something. Chances are, if you do buy that something, that channel stands to make a hefty cut of the profits and you’re left with a mediocre product you likely can’t return and may not even be able to use.

If you want to buy products, do it at a store. Try the product out and then decide if you want it. Use your OWN judgement to see if it works for you. Don’t believe the hype a beauty channel spouts. Believe what you see in person… at a store.

I’m not at all saying not to watch YouTube or even Instagram with the right frame of mind. Consider all social media channels as strictly entertainment. If it makes you laugh or gives you some other emotional response, great. But, don’t get invested in the channel as if it were real or believable or even an authority. It’s none of that. It’s simply entertainment, plain and simple. In fact, this part applies to ANY YouTube channel. They’re all simply entertainment with fallible and inaccurate information offered in video form, even with the most well meaning of intentions. As the saying goes, “Take it with a grain of salt.” Which ultimately means, disregard the information as inaccurate and only watch as you would pure fictional entertainment. If the video content peaks your interest, go Google the topic and find out more from reputable sources.

From this perspective, YouTube is fine to watch… but don’t invest money into the channel or into products hawked on the channel solely because you feel some kind of responsibility to the channel creator or because you believe what they say. Definitely, no. Simply by watching a YouTube channel does not obligate you to anything. The creator spent time putting together the video, yes. But you have no obligation to give them any money in return for watching their content. It was on them that they created and posted. Don’t let the creator “guilt” you into feeling like you “need” to give them money. You don’t. You also don’t need to buy anything advertised on any channel.

If you do decide to donate to a channel or buy products from them, do it because you sincerely want to do it, not out of some sense of duty (or guilt) because you “watched” their videos. No, YouTube and Instagram and all other social media should be considered strictly entertainment. You don’t need to open your wallet to any social media influencer… and you probably shouldn’t.

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What killed the LaserDisc format?

Posted in collectibles, entertainment, movies, technologies by commorancy on March 1, 2018

Laserdisc-logoThere have been a number of tech documentarian YouTubers who’ve recently posted videos regarding LaserDisc and why it never became popular and what killed it. Some have theorized that VHS had nothing to do with the failure of the LaserDisc format. I contend that LaserDisc didn’t exactly fail, but also didn’t gain much traction.

LaserDisc did have a good run between 1978 and 2002. However, it also wasn’t a resounding success for a number of reasons. While the LaserDisc format sold better in Japan than in the US, it still didn’t get that much traction even in Japan. Though, yes, VHS recorders (among other competitive technologies at the time) did play a big part in LaserDisc’s lackluster consumer acceptance. Let’s explore.

History

While I won’t go into the entire history of the LaserDisc player, let me give a quick synopsis of its history. Let’s start by what it is. LaserDisc (originally named DiscoVision in 1978) began its life as a 12″ optical disc containing analog video and analog audio mca_discovision(smaller sizes would become available later) with discs labeled as MCA DiscoVision. In 1980, Pioneer bought the rights to the LaserDisc technology and dropped the DiscoVision branding in lieu of the LaserDisc and LaserVision brands. It also wouldn’t be until the mid-90s that digital audio and digital video combined would appear on this format. A LaserDisc movie is typically dual sided and would be flipped to watch the second half of a film. They can also be produced single sided. Like VHS had SP and LP speeds that offered less or more recording time, LaserDisc had something similar in terms of content length, but offered no consumer recording capability.

There were two formats of LaserDiscs:

The first format is CAV. CAV stands for constant angular velocity. In short, CAV was a format where the rotational speed remained the same from beginning to end. The benefit for CAV was that it offered solid freeze frames throughout the program. Unlike VHS where freeze frames might be distorted, jump or be noisy, CAV discs offered perfect freeze frames.

It also offered a fast scrubbing speed and slowed play. Later LD players even offered a jog shuttle on the remote to reverse or forward the playback a few frames at a time to as fast as you could spin the wheel. CAV also meant that each frame of video was one rotation of the disc. Keep in mind that NTSC video is interlaced and, therefore, half of the disc ring was one half of the frame and the other half of the disc ring was the other half of the frame. It took a full rotation to create a full NTSC frame.

The NTSC format CAV disc only offered up to 30 minutes per side and a little more for PAL. A 90 minute movie would consume 3 sides or two discs. This was the first format of disc introduced during the DiscoVision days. Early content was all CAV.

The second format is CLV. CLV stands for constant linear velocity. This format reduces the rotational speed as the disc reaches the outer edge. You can even hear the motor slow as the movie progresses playback if you’re close enough to the player. I should point out that LaserDiscs read from the center of the media to the outer edge.

LaserDisc players also read from the bottom side of the disc when put into the player. It’s just the opposite of a vinyl LP that reads from the outside in and from the top. This means that the label on the center of the disc refers to the opposite side of the media. The CLV format offers no freeze frame feature. Because the rotational speed drops as the laser moves across the disc, eventually multiple video frames would be contained in a single rotation. Any attempt to freeze frame the picture would show multiple frames of motion. Not very pretty. The freeze frame feature is disabled on CLV formatted discs.

The NTSC formatted CLV disc offers up to 60 minutes of video per side and a little more for PAL. A 90 minute movie comfortably fits on one disc. After CLV was discovered to hold more content than a CAV LaserDisc, this format is how the majority of movies were sold once the DiscoVision brand disappeared. Note that many movies used CLV on side one and CAV on side two when less than 30 minutes.

The intent for LaserDisc was to sell inexpensive films forLaserVision_logo home consumption. It all started with the Magnavox Magnavision VH-8000 DiscoVision player which went on sale December 15th, 1978. This player released on this day along with several day one release movies on LaserDisc. The format, at the time, was then called DiscoVision. Because 1978 was basically the height of the disco music era, it made sense why it ended up called DiscoVision. Obviously, this naming couldn’t last when the disco music era closed.

Early Player Reliability

The first players used a visible red laser consisting of a helium-neon laser. The light output looks similar to a red laser pointer. These LD players had pop up lids. This meant you could pop the lid open while the disc was playing, lift the disc and see the red laser in action. The problem with these first players was with the helium-neon laser unit. In short, they became incredibly hot making the unit unreliable. I personally owned one of these open lid style players from Philips and can assert from personal experience that these players were lemons. If they lasted 6 months worth of use, you could count yourself lucky. At the time, when your player was broken, you had to take your player to an authorized service center to get it repaired.

These repair centers were factory authorized, but not run by Philips. Repairs could take weeks requiring constant phone calls to the repair center to get status. The repair centers always seemed overwhelmed with repairs. It just wasn’t worth the hassle of taking the unit in to be repaired once every 6 months, paying for each repair after the warranty ran out. This would have been about 1982 or so. I quickly replaced this player for a new one. I’d already invested in too many LaserDiscs to lose all of the discs that I had.

In 1983-1984 or thereabouts, the optical audio Compact Disc was introduced. These players offered solid-state non-visible lasers to read the CD optical media. As a result of the technology used to read the CD, LaserDisc players heavily benefited from this technology advance. Pioneer, the leading LaserDisc player brand at the time, jumped immediately on board with replacing the red visible laser with very similar solid state lasers being used in CD players.

Once the new laser eye was introduced, reliability increased dramatically. Players became more compact, ran cooler and became more full featured. Instead of being able to play only LaserDiscs, they could now also play CDs of all sizes. This helped push LaserDisc players into the home at a time when LaserDisc needed that kick in the pants. Though, adoption was still very slow.

1984

The year 1984 would be the year of VHS. This is the year when video rental stores would become commonplace. During this time, I helped start up a video rental department for a brand new record store. It was a time when record stores were expanding into video rentals. I don’t know how many VHS tapes I inventoried for the new store. One thing was certain. We did not rent anything other than VHS tapes. No Betamax, no LaserDisc and no CED rentals. We didn’t even stock LaserDiscs or CEDs for sale in this store location. In fact, the chain of record stores where I worked would eventually become Blockbuster and would adopt the same logo color scheme as the record store chain used. But, that wouldn’t be for a few more years.

VHS was on the verge of and would soon become the defacto format for movie rentals. Why not LaserDisc? Not enough saturation in combination with LaserDisc having the same problem that pretty much all optical media has. It’s easily scratched. Because the LaserDisc surface is handled directly by hands (it has no caddy), this means that the wear and tear on a LaserDisc meant eventually replacing the disc by the rental store. This compared to VHS tape that, so long as the tape remained intact, it could be rented over and over even if there was the occasional drop out from being played too much.

LaserDisc fared far worse on this front. Because there was no easy way to remove the scratches from a disc, once a disc was scratched it meant replacement. Even if the disc was minimally scratched, it could still be unplayable in some players, particularly the red visible laser kind. These older models were not at all tolerant of scratches.

Media Costs

While VHS tape movies cost $40 or $50 or even upwards to $70, LaserDisc movies cost $25 to $30 on average. The cost savings to buy a movie on LaserDisc was fairly substantial. However, you had to get past the sticker shock of the $800-900 you’re required to invest into Pioneer to get a CLD-900 player. This at the time when VHS recorders were $600 or thereabouts. However, VHS recorder prices would continue to drop to about $250 by 1987 (just 3 years later).

LaserDisc player prices never dropped much and always hovered around the $600-$800 price when new. They were expensive. Pioneer was particularly proud of their LaserDisc players and always charged a premium. You could find used players for lower prices, though. Because Pioneer was (ahem) the pioneer in LD equipment at that time, buying into Magnavox or other LD equipment brands meant problems down the road. If you wanted a mostly trouble free LD experience, you bought Pioneer.

Competitors

I would be remiss at not mentioning the CED disc format that showed up on the scene heavily around 1984, even though it was introduced in 1981. CED stands for Capacitance Electronic Disc. It was a then alternative format video media disc conceived in the 1960s by RCA. Unfortunately, the CED project remain stalled for 17 years in development hell at RCA.

CED uses a stylus like an LP and the disc is made of vinyl also like an LP, except you can’t handle it with your hands. This media type is housed in a caddy. To play these discs, you had to purchase a CED player and buy CED media. To play the disc, you would insert the disc caddy into the slot on the front of the unit and then pull it back out. The machine grabbed the disk out of the caddy on insertion. As soon as the caddy is removed, the disc is begins to play. The door to the caddy slot locks when the disc was in motion. Once the mechanism stops moving, the door unlocks and you can insert the caddy, then remove the disc.

Because the CED is read by a stylus, it had its own fair share of problems, not the least of which was skipping and low video quality. LaserDisc was the consumer product leader in image quality all throughout the 80s and 90s until DVD arrived. However, that didn’t stop CED from taking a bite out of the LaserDisc videodisc market. The CED format only served to dilute the idea of the videodisc and confuse consumers on which format to buy. This was, in fact, the worst of all situations for LaserDisc at a time when VHS rentals were appearing at practically any store that could devote space to set up a rental section. Even grocery stores were jumping on board to get a piece of the VHS rental action.

VHS versus LaserDisc rentals

As a result of VHS rentals, which could be found practically everywhere by 1986, renting LaserDiscs (or even CEDs) was always a challenge. Not only was it difficult to find stores to rent a LaserDisc, when you did find them, the selection was less than stellar. In fact, because VHS rentals became so huge during this time, LaserDisc pressings couldn’t compete and started falling behind the VHS releases. VHS became the format released first, then LaserDiscs would appear a short time later. This meant that if you wanted to rent the latest movie, you pretty much had to own a VHS player. If you wanted to watch the movie in higher quality, you had to wait for the LaserDisc version. Even then, you’d have to buy it rather than renting. Renting of LaserDiscs was not only rare to find, but eventually disappeared altogether leaving purchasing a LaserDisc the only option, or you rented a VHS tape.

If you weren’t into rentals and wanted to own a film, then LaserDisc was the overall better way to go. Not only were the discs less expensive, the video and audio would remain the highest home consumer quality until S-VHS arrived. Unfortunately, S-VHS had its own problems with adoption even worse than LaserDisc and this format would fail to be adopted by the general home consumer market. LaserDisc continued to dominate the videophile market for its better picture and eventually digital sound until 1997 when the DVD arrived.

Time Was Not Kind

As time progressed into the late 80s, it would become more difficult to find not only LaserDisc players to buy, but also LaserDiscs. Stores that once carried the discs would begin to clearance them out and no longer carry them. Some electronics stores just outright closed and those outlets to buy players were lost. By the 90s, the only reasonable place to purchase LaserDiscs was via mail order.

There were simply no local electronics stores in my area that carried movie discs any longer. Perhaps you could find them in NYC, but not in Houston. Because they were 12″ in size, this meant a lot of real estate was needed to store and display LaserDiscs. Other than record stores, few stores would want to continue to invest store real estate into this lackluster format, especially when VHS is booming. In a lot of ways, LaserDisc packaging looked like LP records, only with movie posters on the front. This packaging was not likely helpful to the LaserDisc. Because they were packaged almost identically to an LP, including being shrink wrapped (and using white inner sleeves), these discs could easily be confused with LP records when walking by a display of them.

Marketing was a major problem for LaserVision. While there was a kind of consortium of hardware producers that included Pioneer, Philips and Magnavox, there was no real marketing strategy to sell the LaserDisc format to the consumer. Because of this, LaserDisc fell into the niche market of videophiles. Basically, it was a small word of mouth community. This was a time before the Internet. Videophiles were some of the first folks to have a small home theater and they demanded the best video and audio experience, and were willing to shell out cash for it. Unfortunately, this market was quite a small segment. Few people were willing to jump through all of the necessary hoops just to buy an LD player, then mail order a bunch of discs. Yet, the videophiles kept buying just enough to keep this market alive.

Laser Rot

In addition to the hassles of bad marketing, the discs ended up with a bad reputation for a severe manufacturing defect. Even some commercially pressed CDs ended up succumbing to this same fate. The problem is known as laser rot. Laser rot is when the various layers that make up a LaserDisc were sealed improperly or used non-archival adhesives during manufacture. These layers later oxidize causing pitting on the sandwiched metal surface. This oxidation pitting causes the original content pits to be lost over time ending up with snow both in audio and in video. The audio usually goes first, then the video.

Laser rot even appeared early on the earliest pressed DiscoVision media, we just wouldn’t find out until much later. This indicated that the faulty manufacturing process began when the format was born. Laser rot caused a lot of fans of the format a lot of grief when the format least needed such a pothole. This problem should have been addressed rapidly once found, but there were many discs that continued to be improperly manufactured even into the 90s after the problem was found. The defective manufacturing process was something the LaserVision consortium failed to address, which tarnished (ahem) the reputation of the LaserVision brand.

For the videophiles who had invested heavily in this format, nothing was worse than playing a disc that you know worked fine a few months ago only to find it now unplayable. It was not only disheartening, but it gave fans of the format pause to consider any future purchases.

Losing Steam

Not only were the average consumers turned off by the high prices of the players, consumers also didn’t see the benefit of owning a LaserDisc player because of its lack of recording capabilities and its lack of readily available rentals. Some videophiles and LaserDisc format advocates lost interest when they attempted to play a 3 year old disc only to find that it was unplayable. At this point, only true die-hards stayed with LaserDisc format even among the mounting disc problems and lack of marketing push.

The manufacturers never stepped up to offer replacement discs for laser rot, which they should have. The LaserVision consortium did nothing to entice new consumers into the format nor did they attempt to fix the manufacturing defect leading to laser rot. The only thing the manufacturers did is continue to churn out upgraded LaserDisc player models usually adding things that didn’t help LaserDisc format directly. Instead, they would add compatibility for media like CDV or 3″ CD formats or CD text. Features that did nothing to help LaserDisc, but were only added to help entice audiophiles into adding a LaserDisc player into their component audio system. This ploy didn’t work. Why? Because audiophiles were more interested in music selection over compatibility with video formats. What sold were the carousel CD players that would eventually hold up to 400 CDs. Though, the 5 CD changers were also wildly popular at the time.

Instead of investing the time and effort into making LaserDisc a better format, the manufacturers spent time adding unnecessary features to their players (and charging more money for them). Granted, the one feature that was added that was desperately needed was digital audio soundtracks. These would be the precursor to DVD. However, while they did add digital audio to LaserDisc by the early 90s, the video was firmly still analog. However, even digital audio on the LaserDisc didn’t kick sales up in any substantial way. This was primarily because 5.1 and 7.1 sound systems were still a ways off from becoming mainstream.

The 90s and 00s

While LaserDisc did continue through most of the 90s as the format that still produced the best NTSC picture quality and digital sound for some films, that wouldn’t last once the all digital DVD arrived in 1997. Once the DVD format arrived, LaserDisc’s days were numbered as a useful movie format. Though LaserDisc did survive into the early noughties, the last movie released in the US is ironically named End of Days with Arnold Schwarzenegger, released in 2002. It truly was the end of days for LaserDisc. Though, apparently LaserDiscs continued to be pressed in Japan and possibly for industrial use for some time after this date.

Failure to Market

The primary reason LaserDisc didn’t get the entrenched market share that it expected was primarily poor marketing. As the product never had a clearly defined reason to exist or at least one that consumers could understand, it was never readily adopted. Then VHS came along giving even less reason to adopt the format.

Most consumers had no need for the quality provided by a LaserDisc. In fact, it was plainly obvious that VHS quality was entirely sufficient to watch a movie. I’d say that this ideal still holds true today. Even though there are 4K TVs and UltraHD 4K films being sold on disc, DVDs are still the most common format for purchase and rental. A format first released in 1997. Even Redbox hasn’t yet adopted rentals of UltraHD 4K Blu-ray discs. Though Redbox does rent 1080p Blu-ray discs, they still warn you that you’re renting a Blu-ray. It’s clear, the 480p DVD is going to die a very slow death. It also says that consumers really don’t care about a high quality picture. Instead, they just want to watch the film. Considering that DVD quality is only slightly better than a LaserDisc at a time when UltraHD 4K is available, that shows that most consumers don’t care about picture quality.

This is the key piece of information that the LaserVision consortium failed to understand in the early 80s. The video quality coming out of a LaserDisc was its only real selling point. That didn’t matter to most consumers. Having to run all over town to find the discs, deal with laser rot, having to flip the discs in the middle of the film and lack of video titles available (compared to VHS), these were not worth the hassle by most consumers. It’s far simpler to run out and buy a VHS tape recorder and rent movies from one of many different rental stores, some open very late. Keep in mind that VHS rentals were far less expensive than buying a LaserDisc.

In many cases, parents found an alternative babysitter in the VHS player. With LaserDisc and rough handling by kids, parents would end up purchasing replacement discs a whole lot more frequently than a VHS tape. Scratched discs happen simply by setting them down on a coffee table. With VHS, they’re pretty rugged. Even a kid handling a VHS tape isn’t likely to damage either the tape or the unit. Though, shoving food into the VHS slot wasn’t unheard of by the children of some parents. Parents could buy (or rent) a kids flick and the kids would be entertained for hours.

VHS tape recorder

Here is what a lot of people claim to be the reason for the death of the LaserDisc. Though, LaserDisc never really died… at least, not until 2002. The one reason most commonly cited was that the LaserDisc couldn’t record. No, you could not record onto a LaserDisc. It had no recordable media version available nor was there a recorder available. However, this perception was due to failure of marketing. LaserDisc wasn’t intended to be a recorder. It was intended to provide movies at reasonable prices. However, it failed to take into consideration the rental market… a market that wasn’t in existence in 1978, but soon appeared once VHS took off. It was a market that LaserDisc manufacturers couldn’t foresee and had no Plan-B ready to combat this turn of events.

However, there was no reason why you couldn’t own both a VHS recorder and a LaserDisc player. Some people did. Though together, these two units were fairly costly. Since most households only needed (and could only afford) one video type player, the VHS tape recorder won out. It not only had the huge rental infrastructure for movies, it was also capable of time shifting over the air programming. This multi-function capability of the VHS recorder lead many people to the stores to buy one. So, yes, not being able to record did hurt the LaserDisc image, but it wasn’t the reason for its death.

Stores and Availability

Around 1984-1986, VHS tape recorders were widely available from a vast array of retailers including discount stores like Target, Kmart and Sears. You could also find VHS recorders at Radio Shack and Federated and in the electronics section of Service Merchandise, JC Penney, Montgomery Wards, Foley’s and many other specialty and department stores.

You could also buy VHS units from mail order houses like J&R Music World who wrote in 1985, “We occasionally advertise a barebones model at $169… But prices have fallen significantly–15 percent in the past six months alone–and now a wide selection sells for $200 to $400.”. That’s a far cry from the $600-900 that a LaserDisc player may cost. Not only were VHS recorders and players available practically at every major department store, stores typically carried several models from which to choose. This meant you had a wide selection of VHS recorders at differing price points. While in the very early 80s VHS recorders were around $1000, the prices for VHS recorders had substantially dropped by 1985 helping fuel not only market saturation for VHS, but also the rental market.

Unlike VHS, LaserDisc never received much market traction because the LD players failed on two primary fronts:

1. They were way too pricey. The prices needed to drastically drop just like VHS machines. Instead of hovering at around the $600 mark, they needed to drop to the $150-$200 range. They never did.

2. They were difficult to find in stores. While VHS machines were available practically everywhere, even drug stores, LaserDisc players could only be found in specialty electronics stores. They could be found in the likes of Federated, Pacific Stereo and other local higher end component based electronics stores. Typically, you’d find them at stores that carried turntables, speakers and audio amplifier / receivers. While Sears may have carried Magnavox LD players for a short time, they quickly got out of that business and moved towards VHS recorders.

Because the manufacturers of LD players failed to get the players into the discount stores and they failed to price the players down to compete with those the $200-$400 VHS units, LaserDisc could gain little mass consumer traction. On top of this, the confusion over CED and LaserDisc (and even VHS) left those who were interested in disc based video in a quandary. Which to choose? CED or LaserDisc? Because CED discs and players were slightly less expensive (and inferior quality) than LaserDisc, many who might have bought LaserDisc bought into CED. This reduced LaserDisc saturation even further.

It wasn’t the videophiles who were buying into CED either. It was consumers who wanted disc media, but who also didn’t want to pay LaserDisc prices. Though, the mass consumer market went almost lock-stock-and-barrel to VHS because of what VHS offered (lower price, better selection of movies, rentals everywhere and recording capabilities).

Why Did LaserDisc Fail?

LaserDisc’s failure to gain traction was a combination of market factors including lack of marketing, poor quality media, high hardware prices, unreliable players, CED confusion, and the VHS rental market, but this was just the beginning of its downfall. At the tail end, even though LaserDisc did attempt a high definition analog format through Japan’s Hi-Vision spec using MUSE encoding, even that couldn’t withstand the birth of the DVD.

If the LaserVision consortium had had more vision to continue to innovate in the LaserDisc video space rather than trying to make a LaserDisc player an audio component, the format would have ultimately sold better. How much better? No one really knows. If the consortium had embraced MPEG and made a move towards an all digital format in the 90s, this change might have solidified LaserDisc as a comeback format which could have supported 1080p HDTV. Though there was a digital LaserDisc format called CDV and also Japan’s Hi-Vision HD format, these never gained any traction because the LaserVision consortium failed to embrace them. Hi-Vision was never properly introduced into the US or Europe and remained primarily a Japanese innovation sold primarily in Japan.

Instead, the introduction of DVD is pretty much solidified the death of what was left of LaserDisc as a useful movie storage, rental and playback medium. Though, the LaserDisc media releases would continue to limp along until 2002 with the last LaserDisc player models released sometime in 2009.

What would kill the LaserDisc format? LaserDisc would ultimately die because of 1080p 16:9 flat screen HDTVs, which the LaserDisc format didn’t properly support (other than composite low res or the short lived Hi-Vision format which was problematic). Ultimately, no one wants to watch 480i 4:3 ratio pan-and-scan analog movies via composite inputs on a brand new 16:9 1080p widescreen TV. Yes, some anamorphic widescreen films came to exist on LaserDisc, but that still utilized a 480i resolution which further degraded the picture by widening the image. Of course, you can still find LaserDisc players and discs for purchase if you really want them.

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Rant Time: YouTube, Copyrights and Content ID

Posted in botch, business, Google, youtube by commorancy on May 16, 2017

Unless you’ve been living in a cave, you probably know what YouTube is. It is a video sharing platform that allows anyone to post video content onto the Internet. YouTube offers the likes of travel videos, personal vlogs, how to guides, DIY projects, music to all types of random content. However, Hollywood has forced Google to employ more and more heavy handed techniques to video uploads to (ahem) protect big Hollywood copyright content. This system is severely flawed. Let’s explore.

YouTube Channel ownership

While it’s fun to run around on YouTube looking for all kinds of weird content, let’s look at what it’s like to be a channel owner and all the fun we’re not having. While I do like writing blog articles, I also have a gaming channel on YouTube. So, I have personal experience with this issue. I like to play games on my consoles and upload recorded game content to YouTube for others to share in my fun.

As a channel owner, you really don’t get many tools other than a content uploader and metadata tools to tweak a video’s description, tags, monetization settings, language, etc. As a channel owner, YouTube offers no tools to the owner to validate that your content is, in fact, your content. Meaning, for example, you might have taken a video of a day at the beach with wave sounds in the background. Then, you’ve uploaded it. Or, you’re playing Grand Theft Auto and you record your session (minus any copyrighted audio to not trigger YouTube’s audio content detection system) and upload. Here’s where things start to fall apart.

YouTube Content ID and content ownership

Besides being a channel owner or a viewer, there is also a third lesser known management meta user. This interface is intended to be used by Hollywood and the music industry. It was designed for the likes of EMI, Sony and other large music and movie conglomerate content creators (mostly by legal threats to Google). This system allows those content creators to submit their content to YouTube into the Content ID system. What is Content ID?

Content ID is a way for YouTube’s automated system to match a channel owner’s content against a copyright owner’s uploaded reference content. Seems like a legitimate thing. I mean, it allows artist’s representatives to make sure their content isn’t being placed onto YouTube unauthorized. Where’s the problem then?

YouTube is the problem

Here’s the rant. The problem is that ANYONE can create a meta content management account and begin uploading any content they wish against YouTube’s content ID matching system. YouTube requires no verification by any alleged content creator. They create a content meta account, get approved (which is apparently relatively easy), upload random content and begin matching against videos on people’s channels. In fact, I’ve even seen content management accounts grab original videos from other people’s channels, download them from YouTube, upload them into the content ID matching system and claim ownership over material that they stole from the original owner. Yes, you can even upload content you downloaded from another YouTube channel and claim ownership of that content in your channel… though, that’s called copyright infringement.

YouTube has taken its somewhat usable platform and turned it into a joke. YouTube is a disaster if you actually expect YouTube to help you protect your own original copyrighted content. Yes, it does allow someone to download a video you own, upload it and then claim ownership of it.

Let’s keep going. What happens when content ID matches a video uploaded through the meta content management account against a channel? YouTube does several things:

  1. It flags the video on the first channel owner as copyrighted content matched against another channel. Basically, the system tells one channel that another channel has claimed ownership over that content even if the claim is false (we’ll come back to false claims).
  2. It allows the alleged ownership claimant to monetize the video (even if they do not own the content).
  3. It allows the first channel owner to dispute the copyright claim, remove the video or leave it up (depending on how the content ID matcher is used).
  4. If the content owner claims exclusive content claims on the content, the content on the first channel can be taken down or deleted.

Disputes

Here’s where the entire system falls apart. While YouTube can match content fairly rapidly, filing a dispute can take days, weeks or sometimes months to resolve. All the while the content is in dispute, YouTube allows the claimant access to monetization over the content in question. Here’s the bigger rub (as if monetizing content you don’t own isn’t big enough).

False claimants are never at all verified by Google. YouTube’s content ID matching system assumes fair play by those approved to use it. That is, people who create meta content accounts are on their honor to upload content that they actually own. In fact, this isn’t happening. While legitimate usage of this system is happening by big content providers, many lesser channels have learned to game the system to claim ownership over content they don’t rightfully own and don’t have the rights to monetize. This is especially true for channels outside the US (i.e. Russia and Vietnam) where copyright rules don’t apply in the same way as in the US. This ridiculous YouTube help article which discusses setting up a meta content account states:

“Content ID acceptance is based on an evaluation of each applicant’s actual need for the tools. Applicants must be able to provide evidence of the copyrighted content for which they control exclusive rights.”

Yeah riiiiiight. Content evidence of what exactly? Copyrights, especially on YouTube are nebulous at best. What are you expected to show, the camera it was created on? How does that prove anything? There’s no way to know that any particular video was produced on any particular camera. YouTube doesn’t show camera EXIF information in the video’s metadata.

Copyright Basics

US Copyright law states that as soon as a work is created, you are automatically the owner of it and possess all worldwide copyright ownership to this work in perpetuity. This is considered an implicit copyright. You don’t have to do anything other than create the work to own it. This assumes some basics like, it must produced entirely by you on your own equipment and on your own time. However, some countries, like China, don’t recognize implicit copyrights at all. Instead, to protect your copyrights in the countries that don’t recognize implicit copyrights, you are required to fill out forms, possibly pay a fee and likely submit your work as evidence. Only then will your work be explicitly acknowledged by the government to exist and that you own that work.

For example, when you’re using your own personal phone to take video of you playing games at an arcade, this work is now considered fully owned by you under US Copyright Law. The moment the video (and audio) is created, it’s yours. On the other hand, if you are hired as an employee of a production company, and that company owns the equipment and they have hired a camera crew to follow you around watching you play games, you won’t own that video content because the production company paid to create it. Of course, there are pesky things like contracts that can explicitly authorize or deny ownership of copyrights to any party involved in a production. So, if your content is created under a contract, you should read your ownership rights carefully. Just because you were involved in a production, doesn’t necessarily mean you have any copyrights to that material.

Evidence of Copyright Ownership?

In this day and age of immediate gratification, YouTube content owners rely on implicit copyright ownership protections to allow their channels to exist. That is, as soon as the content is created and edited (implicit copyright ownership), it’s uploaded to YouTube.

In the case of copyrights, how can anyone sufficiently provide ‘evidence’  over any content? What kind of evidence does YouTube expect to see? The camera it was shot on? The recording studio that it was recorded at? A bill of sale? Seriously, how can you possibly provide ‘evidence’ of ownership for copyrights?

The only way to provide even the smallest amount of evidence is to submit your work to the U.S. Copyright Office for registry. Let’s understand why this is not exactly feasible for most YouTube content. At the moment of this article…

  • It costs $35 to register a single work (one poem, one video, one work of art).
  • It costs $55 to submit multiple works together (a collection of poems, videos or songs).
  • Who knows how long it will take the copyright office to actually register them so that you have ‘proof’.

Sure, while you could do this to, ahem, protect your works, it’s expensive and what exactly does it do for you? The Government won’t stand up on your behalf. The copyright office is merely a registry, not a legal team. They won’t help you protect your content, that’s your responsibility to find a lawyer. It’s also not like Google will get involved in copyright disputes either. For the prices listed above, that would cost $35 for every single video you upload to YouTube and that only registers your work in the US, not necessarily in other countries. It doesn’t give you any specific legal protections other than someone can go look it up, like Google. You may be required to register your content in many different countries to protect your rights in those locales. You’re also responsible for hiring a lawyer to protect your content (regardless of whether it’s registered).

Google and Copyright Disputes

Google outright states they do not get involved in copyright disputes. Yet, by providing a content ID system, content matching and marking videos in YouTube as being claimed by another channel, this absolutely, most definitely is the very definition of getting involved.

If you don’t get involved in copyright disputes, you don’t create controls to help manage disputes. Meaning, it’s entirely disingenuous to create a copyright dispute system and then when someone disputes a claim (that your system sent us notification) state that you don’t get involved. You can’t claim that. You already ARE involved by providing the notification system.

Worse, once you begin the dispute process, Google’s YouTube team doesn’t care. They don’t actually attempt to review the content, the owners or anything related to the dispute at all. They just let the two parties fight it out even if the content isn’t owned by either of them.

Content ID System is Half-Assed Designed + False Claims

Google’s YouTube team got this content system just far enough to make Hollywood and the music industry happy because they can kill content on channels matching their own content catalog. Yet, Google never brought it far enough to actually prevent scammers from abusing it. Instead, Google lets random scammer channel owners run roughshod all over YouTube’s other channels without any consequences. I’ve seen scammer channels claim false copyrights over multiple legitimate channels (even my own) using content that they clearly do not hold copyrights over and yet those channels STILL exist on YouTube. Google does nothing about this. Why was this channel not closed? Clearly, these scammer channels have willfully violated copyright laws using YouTube’s woefully under designed crap of a content detection system to facilitate these false claim(s).

Claiming false copyright ownership over content is, in fact, copyright infringement and very much against copyright law. However, because most of these scammers are outside of the US, Google won’t do anything… not even close the scammer’s channel. Though, sometimes Google will close the legitimate channel and leave the scammer operating. That false claimant had to copy and upload that content to YouTube’s matching system which, in itself, is a violation of copyright laws. This means that Google’s content ID system facilitates false copyright claims and makes Google an accessory to copyright infringement. Google allowed the copyright infringement to take place and allowed the fraudulent claimant’s channel(s) to profit off of that infringement. This is a legal situation just waiting to happen.

Google, fix your shit. YouTube is quickly becoming an unusable mess of a video sharing platform and is now just one big lawsuit waiting to happen against Google. A lawsuit against Google for not only being an accessory to copyright infringement, but providing a service that actually enables copyright infringement in a system that’s supposed to prevent it. Ironic. Such a lawsuit, if won, might ultimately be the end of YouTube.

If you’re an IP lawyer reading this and you would to have a discussion about this situation, please leave me a note on the Randosity About Page.

School bullying takes on new life on Internet

Posted in Health, peer pressure by commorancy on October 4, 2010

School bullying and peer pressure is something that each of us has to endure at some point in our lives. When attending grade school, we quickly learn about bullies and peer pressure. This life lesson happens very quickly. Perhaps even as early as kindergarten when another kid pushes you down because you wouldn’t give them the purple crayon. Whatever the reason, it starts early and only gets more and more problematic over the years.

By Middle and High School, these bullying tactics go from wanting your crayon to making the student feel like an outsider. Peer pressure comes in many forms, though. From the person who taunts merely to give the bully pleasure over someone else’s pain to the bully who uses others to get their schoolwork done or get money.  The pressure might even force you into trying drugs or smoking.  Whatever the reason, it is very hard and emotionally painful on the student being pressured.

Internet bullying

With the advent of Facebook, MySpace, YouTube and Twitter, it’s now easier than ever for students to broadcast themselves on the Internet for all to see. The danger, of course, is that by participating in such public web sites, each person can easily make themselves into a local celebrity unintentionally. Worse, your ‘friends’ are also on these sites and subscribe and comment on your personal statuses and posts.

Unfortunately, these very public outlets are both used and abused by student bullies. So, hanging the laundry out for everyone to see invites other people around you to comment. Not all comments are nice. Some even take the form of using bullying tactics to make the other person feel unwanted.

Teen Suicides

In the last few weeks, there has been 5 to 6 publicized teen suicides that are apparently directly attributed to Internet bullying. That said, these seem to have begun with local school bullies using the Internet to harass and humiliate these students. Students still in the teen years don’t yet have enough life experience to understand that the bullying isn’t the end-all-be-all of their existence. There is more to life than school and classmates. In fact, once you get past school, it’s likely you’ll never see most of those people ever again.

College, unfortunately, does present itself with peer pressure as well, but not always the same as high school. It can present in the form of Greek hazings, school clubs and other forms of social interaction situations. As a student in College, I had chosen not to become involved in any of these organizations because I wanted to concentrate my efforts on my studies.

Unfortunately, there are still other situations that can become an issue. The dorms. Many Colleges and Universities require you to live in the dorms for at least one or two years (depending on school policy). When you are forced to live in the dorms, you may also be forced to room with someone.

College Life, Dorms and Roommates

Unfortunately, when you’re forced to room with someone, you have to take the good with the bad. In my college dorm life, I’ve had several different roommates. One would go out drinking the entire night and come back smelling up the entire room of sickening alcohol breath. He would do this nearly every night. I was literally getting sick from the smell, I had to leave the room to get fresh air. I asked for a new roommate as I couldn’t sleep with that going on. The next roommate was a severe asthmatic who required breathing treatments every night using a loud machine.  The treatments lasted anywhere between 30 minutes to 1 hour.  I didn’t mind that he needed the treatments, I minded when he chose to do the treatments. He preferred to do this after 10PM and sometimes after midnight. That lasted about a semester.  I moved into a dorm without a roommate.  Unfortunately, even that situation wasn’t perfect as I had a suite-mate (we shared the bathroom).  In this situation, he was incessantly complaining about the bathroom.  After this, I moved into an apartment with another roommate and then later without one.

As a side note, if you sign a lease with a roommate (for whatever reason), be very careful.  If the roommate leaves and stops paying the rent, you are liable for the entire rent for the rest of the lease and all the utilities in your name.  So, be careful that you trust your roommate fully.  Also, sign small leases (6 months or less) and ask for an easy out should a roommate stop paying.  With cell phones, it’s easy to keep phone service separate now.  However, utilities like cable TV, internet service, water, gas and electricity can bite you.

Another side of this, with roommates, I would regularly find my stuff missing. Supplies and other items would inexplicably walk off. This would include pens, paper, books, CDs and personal items. I never knew exactly who was responsible, but I knew my roommate had let someone into the room. This is also part of college life. So, don’t bring valuables into a room with a roommate unless you really don’t treasure your belongings. Also, roommates do finger through everything you own, so be ready for this.  Finally, don’t allow your roommate to borrow or lend out your items to others.  You will never get them back.

Anyway, this basically means, you have no privacy in a dorm and roommate situation. This is also where bullying can start.

Social Clubs and Parties

In college, participating in the Greek system may seem to make you fit in, but it opens you up to social problems. Not only does it open you up to more peer pressure, it opens you up to hazing, Greek parties, binge drinking and other college party games. Greek parties are some of the strongest alcohol pressure zones you will ever find in college life. They can also become some of the most outlandish parties.

As a young person just having been turned loose in College, it’s easy to lose sight of what’s important and why you are there. After all, this is the first real taste of freedom most kids have in the world. Unfortunately, that freedom is just an illusion. No, you aren’t policed by the university to make classes. So, it is left up to you to get your butt out of bed and make it to class on time. It is also left up to you to get your school work completed. If you don’t do this, you can’t make the grade and you may be kicked out.  So, focus on the schoolwork and push everything else aside.

Schools choose to ignore bullying and peer pressure

Unfortunately, both high school and colleges are no better peer pressure situations. In fact, most schools look the other way and pretend it doesn’t exist. Bullying happens primarily because there’s something different that someone doesn’t like. Whether that’s because of the color of their skin, their religion, the classes being taken, their sexual orientation, the clothes they wear, the car they drive, the friends they have, the beliefs they hold, the music they like or whatever, it all begins with intolerance and hate.

This intolerance is usually passed along to their kids by parents. Kids learn what’s in their environment and expand on that as they grow. If parents have predjudice, these get passed onto their kids. The kids foster this all throughout school and lives which turns the kid either into a bully or the one being bullied.

Unfortunately, no matter the cause of bullying, intolerance and hate, schools ignore it. They don’t want to know it exists and they, instead, solely focus on the school as a money-making venture. In other words, schools really don’t take an interest in their student body’s health and welfare beyond simple measures (i.e. a school doctor). Schools ignore the bullying, hate and intolerance usually because those being bullied don’t say anything to anyone. Of course, when they do say something, the school may not do anything anyway. Schools tend to prefer status-quo over getting involved. Getting involved can also expose the school to legal issues and they prefer just to stay ignorant for their own legal betterment and financial gain. Also, if the school kicks out any student, that means they’ve lost the revenue from that student. So, there is a negative financial incentive to stepping into bullying situations and remove such students.  Unless the student clearly violate school policies definitively, they really don’t want to do anything.

The bullying persists

Because schools choose not to get involved, bullying persists and nothing gets done. This also leads students into taking matters into their own hands. In the suicide cases, these students felt their only recourse was suicide. Suicide is the flip side of the school massacres. Those prone to suicide are the people who tend to internalize their depression and take their own lives instead of being aggressive and taking the lives of others and then themselves. However, bullying can lead to either outcome depending on the type of person involved. Unfortunately, the other more violent outcome could just have easily have happened.

Whether suicide or a massacre, these issues usually stem from the same source: bullying, hatred and intolerance. With sites like Twitter, Facebook, MySpace and YouTube, students can now be more cruel and bullying than ever. Now these bullies can not only bully in person, but they can now find all of that person’s friend’s pages and leave hurtful, cruel and damaging comments on the Internet for everyone to see.  Or, in some of the cases, cruel videos of the students in private situations.

In the case of Tyler Clementi, he was apparently not openly gay. Yet, his roommate apparently choose to live stream video of a sexual relation on the Internet and Tweet about it. A camera that he had apparently been hidden before the relations started.

Lucky

Tyler’s roommate is lucky to be alive. If Tyler had been the personality type to explode, it’s possible that dorm or school could have ended up a massacre zone with many students and teachers dead or wounded. Instead, Tyler chose to end his own life by jumping from a bridge alone. Neither outcome is proper or necessary. But, Tyler thought so.

The reality is that schools need to wake up to peer pressure. It’s real and it is not going away. Students need a safe haven where they can go and openly discuss peer pressure situations where they will be taken seriously and investigated free from school penalties and consequences.  Diffusing peer pressure situations is actually important for schools to discuss because the outcome is quite clear should a bullied student take action.

Right now, there is no such place. Students would have to see their own independent psychological counselor to discuss these situations, but these counselors are powerless to do anything to resolve the situation. If schools want to stop the suicides and massacres, they need to set up a safe haven that has the power to stop peer pressure, bullying and other such stupid student tactics dead in its tracks. It’s really the only way. Unfortunately, such a program will cost real money to set up and universities won’t do this because they will lose some of their precious profits to manage such a program.  Public schools can’t do this with the severe funding shortages they are now incurring.  It’s a program whose time has come, but unfortunately, it’s going to take legislation to force schools into compliance.

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