Is there a difference between a DMCA and IP content violation?

[Truxton_Dogyuun]

I am getting mixed signals from different people due to recent events (I’ve asked about this in the past) but due to concerns others are having, is there really a difference between a DMCA strike vs an IP content violation (automatic one to be specific) at all? or is one a claim and the other is a typical community “against community standards” warning?

[CDFII4 (cdfi)]

DMCA is basically US-only law, which “forces” the sites with free-form creation/uploading/anything related to have a separate form to issue a complaint regarding an IP content violation.

IP content violation is just a term, DMCA is a law. That’s the difference basically.

[Truxton_Dogyuun]

My main concern is if the severity of DMCA strikes are the same as an auto IP content violation, since as far as I know, DMCA warnings are a three strike system unlike most roblox moderations

[CDFII4 (cdfi)]

To my knowledge, only Youtube does 3-strike warning system. DMCA is a bit different process:

1. IP holder makes a complaint to service provider
2. Provider notifies the IP content violator
3. IP content violator has now ability to make a counter notice and provide a reason why they disagree with takedown
4. If the counter notice is valid, then service provider waits for 10-14 days, until IP holder decides to sue or not to sue violator.
   4.1 If sued, then material is down, until the court has decided what to do
   4.2 If not sued, then material must be put back on the platform by the provider

Above list is from here: DMCA Notice & Takedown Process | Copyright Alliance, you should read it too, because I might’ve missed or misunderstood something by accident.

To actually answer your question, DMCA is direct takedown action, there are no strikes, only one warning before you are dragged to court. And you should be careful with what you upload, since it’s gonna cost you your lifesavings.

[Truxton_Dogyuun]

@CDFII4

To my knowledge, only Youtube does 3-strike warning system. DMCA is a bit different process:

Roblox does a 3-strike system similar to YT

Update to 3 Strike IP Infringement Policy

Please see our Developer Hub Article for the most up-to-date and in-depth information. Hey Developers, Earlier today, we put up a post that was meant to help our creators understand their responsibilities under the DMCA (the Digital Millennium Copyright Act). The DMCA is a law that applies to many UGC platforms in the industry (e.g., YouTube, Facebook, Roblox, etc.). The rules (as they apply to Roblox) are in our Terms of Use. We realize that this post should have contained more information…

https://www.reddit.com/r/RobloxHelp/comments/197zj9p/full_guide_how_to_avoid_dmca_bans_on_roblox/ltdivlh/

More information about our DMCA policy

Original Post: March 22, 2019 Developers, We know that there was a lot of confusion last week when we posted about our DMCA policy. We’d like to provide more information about our DMCA takedown process and our repeat infringer policy. Compared to other UGC platforms, we receive a comparatively small number of takedown notices – on average, 5 or less per month. Hopefully, this post will answer many of the questions that have been shared. As you probably know, the Digital Millennium Copyright …

My question was if the severity of a DMCA on the platform is on par with an automatic IP takedown, since roblox registers DMCA strikes at a higher severity than regular moderations via this 3-strike system because, unlike regular moderations, where you can get banned multiple times over the course of years and still not get terminated, DMCA strikes seem to be a “three warnings and you are out” type of thing only

[CDFII4 (cdfi)]

@Truxton_Dogyuun

Roblox does a 3-strike system similar to YT

Thank you for correcting me

I wouldn’t say that that DMCA is much different from automated system, but it is kind of seperate system for regular moderation, since IP violation is kind of seperate thing to other moderation in-games. DMCA takedowns should be reviewed by human, but you know, we are on Roblox.

@Roblox

If you file a DMCA counter-notice (which asserts that a takedown notice is erroneous), you will not get a strike until the resolution of that process. In some cases strikes can expire; in other cases they are permanent. We will provide more information on how this process works in the strike notifications mentioned above. In truly egregious circumstances, involving repeated acts of willful infringement, Roblox reserves the right to terminate an account even after a single strike, but we expect that scenario will be rare.

(Answers to your recent questions regarding our DMCA policy)

Maybe this somewhat answers your question..?

[Truxton_Dogyuun]

@Roblox

n some cases strikes can expire; in other cases they are permanent

Something tells me they probably don’t do this anymore because all DMCA strikes i’ve seen are three strikes to termination or instant-termination on how bad it is

@CDFII4

but it is kind of seperate system for regular moderation

This probably answers it for me because I don’t want to be falsely terminated for false IP violations I obtained over the years

[Truxton_Dogyuun]

A friend got a third IP violation within a span of 2 years (ban stack apparently resets every year) and got termed. I’m not sure if he is actually referring to an IP content violation or misworded a DMCA strike