Companies are using copyright loopholes to silence honest voices.
A major victory for consumer advocacy came when the FTC banned companies from suing over negative reviews. But corporations aren’t giving up. They’ve simply found a new way to silence criticism.
Take the recent case of a $25,000 preamp review, for example. When a YouTuber exposed its flaws, the manufacturer didn’t sue. They just allegedly filed a copyright claim, and the criticism vanished.
The New Weapon Against Reviewers
There was a time when companies tried to silence bad reviews by suing the people who wrote them. But this approach often backfired dramatically.
Public outrage over these tactics eventually led to FTC regulations that protected honest reviews from legal action.
However, as mentioned, companies found another way to silence criticism via copyright claims. And platforms like YouTube make this tactic surprisingly effective, thanks to their lopsided rules.
Here’s why it works:
- YouTube automatically removes flagged content without verifying the claim’s validity.
- Creators are left to navigate a confusing system with minimal support and unclear guidelines.
- Corporations face no real penalties for filing bogus claims, while smaller creators often lack the resources to fight back.
Real-Life Case of the Evolved Censorship
Mend It Mark’s case perfectly illustrates this problem.
His video about a $25,000 phono preamp started as a typical review but uncovered something far more concerning.
After careful analysis, he discovered serious issues that raised questions about the product’s premium price tag. This includes flimsy construction, low-quality components, and design choices that don’t match the luxury price point.
But, despite following fair use guidelines and focusing on education, Mark’s video disappeared after someone filed a copyright claim.
The claim was so vague it bordered on absurd. Mark had no clear idea of what, if anything, he’d infringed.
Plus, the system offered little protection for his work.
Even with a strong case for fair use, fighting the claim meant navigating a complex appeals process with minimal support from the platform.
“Nowhere does it say where the copyrighted material is, so I have no idea how to defend it. If I look at this “info available on request,” it just tells me to email [email protected]. I’ve done that, and to be honest, I didn’t get very far.” he said.
“All I’ve asked for so far is details of the claim, which they haven’t provided. But they’ve taken my question as a counterclaim and then declined to pass it on. Very strange.”
The Futility of Censorship
The internet has seen this kind of stunt before.
One standout case involved Deep Cycle Systems (DCS), a company that went after small YouTubers who dared to post honest reviews of their batteries. Like Mend It Mark’s video, these weren’t hit pieces. They were thorough, data-driven analyses that revealed genuine issues with the product.
But, instead of addressing the issues, the company tried to erase the reviews with bogus lawsuits and copyright strikes. Spoiler alert: it didn’t work.
The internet noticed, and the backlash tanked their reputation.
This kind of misstep is part of a broader trend where companies seem completely out of touch with how people find and trust information.
Newsflash: Consumers aren’t relying on glossy ads or corporate PR statements anymore.
They want real reviews from independent voices, a.k.a. people who’ve earned their credibility by being thorough, honest, and unafraid to say when something stinks.
These reviewers are more trusted than any marketing campaign, and trying to silence them? That’s akin to waving a red flag and screaming, “Hey, we’re hiding something!”
On the other hand, facing critiques head-on, acknowledging flaws, and fixing them, can actually save a company’s reputation.
Those who haven’t learned this lesson find themselves fighting an endless battle against the internet’s collective memory. They’re expected to keep repeating the same mistakes, with the internet as their most relentless critic.
Why This is a Huge Deal
Copyright strikes are a punch in the gut for creators and consumers alike.
For creators who pour hours into crafting educational or critical content, a bogus copyright claim can feel like the rug’s been pulled out from under them.
First, there’s the financial hit. When a monetized video gets yanked, the revenue vanishes along with it.
Then there’s the reputational sting. People might start to wonder if the content itself was the problem, even if the claim was baseless.
And let’s not forget the emotional drain. Fighting a copyright claim is like running a never ending marathon, especially when the platform isn’t offering much support.
The fallout doesn’t stop with creators, though. Consumers also take a hit when honest reviews and critiques disappear.
We all lean on these independent voices to help us dodge duds and find gems. But when companies silence critics, they eliminate valuable information from the marketplace. This creates an artificial positive bias in available reviews.
Ironically, it often backfires spectacularly.
Remember the Streisand Effect? That’s when trying to bury something makes it explode in popularity instead.
The Need for Systemic Change
Filing false claims is risk-free for bad actors, while creators face the burden of proving their innocence. This imbalance has turned platforms like YouTube into enablers.
The system is long overdue for a makeover to protect creators and stop companies from gaming the copyright rules.
And, people have floated some pretty solid ideas to make things fairer and put a stop to the nonsense:
- Require Evidence for Claims: Companies should prove their claims with clear evidence. No more vague accusations or claims based on thin air. If you’re going to accuse someone, you should be ready to show your work.
- Penalize Fraudulent Claims: Right now, companies can file bogus strikes without breaking a sweat because there’s nothing at stake for them. Financial penalties would add some much-needed accountability, forcing them to think twice before abusing the system.
- Improve Platform Policies: Creators deserve clear guidelines about their rights and the appeals process. Automated systems shouldn’t automatically side with the accuser. Human reviews could make a huge difference, giving creators a fair shot. Repeat offenders abusing the system should face serious consequences, like suspensions or penalties, to keep the process fair.
This isn’t just about creators. It’s about preserving the conversations that help consumers make informed choices. Let’s ensure those voices remain loud and clear.