250K RADIANT 💕 · @MattRadiant
28th Jan 2023 from TwitLonger
Thumb Media has falsely claimed up to four of my YouTube videos that combine 6.8 million views, all related to iShowSpeed content. 2 currently rejected in dispute.
Context:
I have uploaded three videos involving transformative iShowSpeed content protected by fair use, as well as a compilation of the best ‘iShowSpeed’ related moments in content on my channel. The compilation is made of the best moments from those three previously mentioned uploads, as well as various iShowSpeed referenced moments on previous videos I have made in the last two years on my channel. I am confident any review done by YouTube would confirm that all of my content, as well as the content that has been claimed by Thumb Media, is under fair use.
Sequence of events:
January 15th, 2023 5:32 PM; The third iShowSpeed video that I had uploaded was content ID claimed. The audiovisual claim was the ENTIRE 13 minutes of my video.
Here is the third video, the one that I am speaking of in this point https://youtu.be/SY7Rxeu4DPc
I decided to do research on the brand claiming my video “Cardigan Media (In Association with Thumb Media),” and found dozens of verified youtubers and blogs posting about their own personal experience and/or reporting the experience of others suffering from abuse of youtube’s copyright system, at the hands of Thumb Media.
Credible and/or established sources detailing Thumb Media’s first wave of abuse through YouTube’s copyright system:
Jake Lucky via Twitter: https://twitter.com/JakeSucky/status/1563254056759439360?s=20&t=M0grp574KqAZRKyuu8VT6g
Dexerto via Twitter: https://twitter.com/Dexerto/status/1564224949216333824?s=20&t=M0grp574KqAZRKyuu8VT6g
Ginx news blog: https://www.ginx.tv/en/youtube/ishowspeed-slams-thumb-media-false-copyrighting-youtube-clips
This blog contains tweets from the Youtuber Omni who I will list and cite later in this document
Esports Gen blog: https://esportsgen.com/ishowspeed-backlashed-thumb-media-for-false-copyrighting-fans-who-post-his-youtube-clips/
This blog contains a reddit thread I will cite below.
Notable verified Youtube creators who have been either previously or currently are dealing with/fighting Thumb Media;
Omni: https://twitter.com/InfernoOmni/status/1544715431239454722?s=20&t=M0grp574KqAZRKyuu8VT6g
JabroneyTV: https://twitter.com/JabroneyTV/status/1558473744502382593?s=20&t=M0grp574KqAZRKyuu8VT6g
InternetAnarchist: https://twitter.com/internetanarch/status/1590798923492651008?s=20&t=M0grp574KqAZRKyuu8VT6g
Breone: https://www.youtube.com/watch?v=rwQ1wYh1ZgA&t=1s
Internet Ajay: via JabroneyTV tweet
Packgod: via his Twitter https://twitter.com/packgodly/status/1618961334523289600?s=20&t=M0grp574KqAZRKyuu8VT6g
Here is a list of various reddit threads/posts of creators who either previously or currently are being abused by Thumb Media.
https://www.reddit.com/r/Ishowspeed/comments/y9wao0/speed_please_do_something_about_thumb_media/
https://www.reddit.com/r/Ishowspeed/comments/wwgfke/speed_a_company_called_thumb_media_is_copyright/
https://www.reddit.com/r/youtubers/comments/wu2jmx/question_how_do_i_report_a_networkthumb/
Currently there are also many small channels suffering from the recent wave of Cardigan Media (in association with Thumb Media) claims that have come around in the last few months. https://www.youtube.com/watch?v=1d-qyWmKk-Q
Lastly, here is Thumb Media’s twitter. Five minutes of scrolling through their page and reading their interactions should give a fair sense of context to the damage they are doing. Read the room. https://twitter.com/ThumbMediaNet
One of the YouTube creators I mentioned above was nice enough to reply to my messages to him via Twitter, supplying me with information on his and the experiences of others. He also explained to me how I could look at all the rules for the dispute process on youtube through their google forms, pointing out that I can dispute one time before I have to get into appeals that involve signing my name and submitting my dox info, as well as putting myself on line to be channel striked. After I read all the extensive pathways and routes of the copyright process through Youtube’s google forms, I acknowledged I would be forced to respond in order to protect my earnings. I detailed a thorough 1999/2000 possible character response to the claim in my dispute, explaining all the logical flaws in the claim, as well as how even in small doses, all content in my video is protected by fair use. This claim was withdrawn overnight and the next morning I woke up to more problems.
January 25th, 2023 3:54, 3:57, & 3:59 AM; My first and second videos surrounding iShowSpeed, as well as my compilation were audiovisual claimed in finite portions of each respective video. All specific timestamps this time, not the entire video. It is evident that the people who claimed my video the first time, acknowledged my argument, and came back to claim the other 3 videos with just BARELY, slightly, better grounds to actually try to claim content within my video. I disputed all three videos with roughly the same messages within the 2000 character response available. I explained how my content, as well as before, was protected by Section 107 of the Copyright Act 1976, breaking down the four major factors of the act, and how they all applied to my video. Each of the three responses detailed individually though, how the four factors provide me the fair use rights of the specific portion in each video that was claimed.
I would also like to remind all of you that all 4 total claims throughout this process, as they are for most creators, were MANUALLY submitted. These people are CHOOSING where and what they claim, and continue to improvise as they have in my situation up until this point for exemple with me.
Before going to bed that night, I thought about the disputes, as I imagined I would find out when I woke up what the results were. I experienced a sort of anxiety attack, remembering multiple key points in reference to one another.
I remembered from my learning earlier within YouTube’s policies, that after a dispute, someone can request either immediate or scheduled takedown of a video, resulting in a channel strike.
ThumbMedia requested the scheduled takedown of InternetAnarchist’s video. The takedown request was GRANTED by youtube and forced him the ultimatum of either deleting his video or receiving a copyright strike.
Thumb Media claimed THREE of my videos. A YouTube channel gets THREE strikes.
In that moment I experienced an instant state of fear thinking that if I were to go to sleep, by the time I woke up my channel could be gone. It may be unlikely to be completed in under 8 hours, but if Thumb Media requested the takedown of all three of my videos, for all I know youtube could've 3-piece striked me and terminated my channel before I even woke up. At that moment I looked at my three videos. Two of them are highly grossing and earning videos, while the compilation was age-restricted and performing at a nearly non-existent level. So in order for me to comfortably go to rest, I decided to delete my compilation videofrom YouTube.I did this acknowledging that it would not cost me much in its absence, and in the case that I would only have the possibility of waking up to two copyright strike-impending takedown notices at most instead.
I woke up the next morning to see that both remaining disputes were rejected. My next option would be to appeal the rejection on both videos, but seeing how consistently YouTube does NOT correctly defend its creators in this position I was hesitant. InternetAnarchist’s experience via Twitter that I cited above is a key example of this that I kept in mind. If I want to beat these people out, I likely would have to risk taking two (and what could’ve been 3!) strikes due to YouTube’s poor and abusable copyright system and come to near termination, before submitting the final counter notification which would force Thumb Media to take it to court in order to keep my content down, and my channel strike-ridden. This would be the end of the case, as Thumb Media has not once gone to court to uphold any takedown strikes against its respective creator cases. Leading the population to believe they don’t really own the content.
Fun Fact: Youtube also DENIED InternetAnarchist’s submission to file a counter notification against Thumb Media during this stage in his case. Now to my knowledge his situation only involved one strike. Mine can now consist of two, and could have been three total.
As time has passed though, I acknowledge that it was premature of me to delete my compilation, as these strikes would not be threatened on me or sent my way unless I appealed the rejection that comes AFTER my dispute. I was a step early in the process of the dispute to think that I was vulnerable to possibly be striked and was sadly panicking. But I do not regret doing so, because now in the case that this entire document and my twitter activity does not lead to a solution, I will be swallowing and resolving two strikes instead of three. I can’t explain how immeasurably pathetic it is that I have to think like this. So defensive in the thought that I can’t actually rely on youtube to do the right thing at first, second, or third notice. I have always been taught to have a chip on my shoulder with cases like these.
Here are my two active videos claimed
https://www.youtube.com/watch?v=8wrasGv0ew8&t=578s
https://www.youtube.com/watch?v=5jOcexmu_Do&t=4s
Many of youtube’s biggest creators such as Penguinz0, Ludwig, Markiplier, Jackscepticeye, and CoryxKenshin have expressed their discontent with YouTube’s ability to properly defend and put structured rules in place to protect its creators. Charlie, Penguinz0 specially pormoting how the only and BEST way to get problems solved relating to YouTube, is “crying” on twitter. He explained this while detailing Cory and Mark’s rants with their respective unfair treatment and lack of protection from YouTube. If you are reading this now that sadly confirms that I have been left to exhaust the means of twitter as well.
With all this being said, I wanted to avoid throwing the alley-oop to double strike my channel. I still do not want to reject both copyright claims if it is avoidable. I do not want to leave it to YouTube’s automated system. So I went to a YoutTube help google live-chat, and detailed my problem somewhere around noontime to 2 o'clock in the afternoon. I explained to the person in the live chat how fishy this entire situation was up to this point, giving a brief summary on how the claims alone made on me by Thumb Media are illogically constructed, and through the review of an actual human, should be easily understood as fraudulent, leaving them the open floor to resolving it. The person said they would get back to me in a few days, but in fear of losing any revenue beyond the five day period during a copyright dispute, I asked that they get back to me ASAP. The person assured me that they would help resolve my problem within 24 hours.
January 26th, 4:19 PM: Two hours later I received an email from a specialist, which immediately gave me a great sense of assurance, as it was only a specialist who was able to resolve a previous false termination of mine. The specialist, whom I believe may have been the actual person from the live chat earlier, wrote two things.
That the claim on my video ( I only supplied him with one video link) https://www.youtube.com/watch?v=5jOcexmu_Do&t=2s was an audio claim that I could fix by muting, trimming , or replacing the audio.
He literally laid out the entire pathway and route system for disputing, rejecting, and counter notifying copyright claims. Including all the options each party involved has at each step. Providing me with zero new information, he essentially copy and pasted the rules and regulations from the google forms on youtube copyright battles.
I replied to him explaining the severity of my situation, providing a few extra links of context, and explaining that I am not asking for his guidance, but for him to actually save the day in this situation. I need a HUMAN with a BRAIN to READ into my situation, acknowledge the GLARING red flags, and resolve my problems at hand. I don’t need someone to tell me the rules. We are beyond rules here because they don’t properly REGULATE.
Not to mention it would be nice to see the possible criminals at Thumb Media dealt with permanently, so that they do not continue to do this to me or other creators. Within the reddit posts I supplied previously, people had mentioned that these people come around every few months. From the evidence I have gathered these people went on a spree primarily under the name Thumb Media, starting around August. They are currently doing this to me and others under the handle Cardigan Media (in association with Thumb Media). Assuming they were actually dealt with in August the first time around, this current case leads me to believe though, that they understand a system in which they can take advantage of YouTube’s lack of protection to its creators. There is a big probability that the people running Thumb Media understand that they can continuously reinvent their identity in order to continue and steal money (and in a possible ILLEGAL manner) from those afraid to stand up, those who don’t understand their rights, and those without a voice.
Before the end of last night as well, I decided to contact Thumb Media via all three emails that the specialist supplied me with for contacting them. I let them know about the existence of this document that I am working on, and dropped all my sources and evidence from the document to give them a sample of what I am supplying here to any YouTube source I can.
It is now Saturday January 27th, as I post this. Since I responded to the specialist working on the case, explaining the further importance of this overlying issue, he finally got back to me at 7:00 AM this morning . He said that he consulted with multiple experts, as why he has not got back to me in days. He also loaded out a ton of generic information again about copyright disputes, advising me to consult my legal team, as he could not interfere with copyright infringement. My Youtube support case number is [3-3601000033372]. I am not sure that he truly had the option to step in and interfere with my case, but someone at @TeamYouTube I hope actually has the power to do so, because these people claiming me do NOT have the rights to my content. How would you truly expect me to “resolve” a case with someone who is trying to illegally take my money? Does that seem like a scenario bounded by ethics? Something where we could simply just “talk it out?”
- Also as visible on my twitter replies, I have mentioned my situation to the @TeamYoutube twitter in a quote tweet to PackGod’s perspective problem with Thumb Media. I slightly mentioned my similar issue, hoping to add validation to PackGod’s case, as well as bringing my case in good light to the forefront. As expected though, I was given a systematic response on how I can respond to the problem at hand and continue to play Thumb Media’s game.
- I am well aware that in my case, I have the ability to appeal both rejections, and for all I know, Thumb Media may withdraw both claims. But from my perspective it may as well be up to a coin toss whether or not they decide to withdraw the claims, or request strikes against me out of spite. I have seen this process before. You take the strike, cry on twitter. You appeal the strike, cry on twitter. You submit a counter notification that would force Thumb Media to defend themselves via court, YouTube denies the request of that action, cry on twitter again until it is fixed with the help of dozens of creators vouching support. This issue is always a muddy battle where as the unprotected creator, things are forced to get worse for us before it gets better. We have to suffer the blows of a potential strike before we can put together LEGAL counters to people like Thumb Media to back off, proving us clean and inevitably reinstating our YouTube channels. I am here on twitter doing this with the hope that I can reach my solution before I am forced to get dragged through the potential striking process. Keep in mind unlike other verified creators, I was not claimed once. I was claimed four times and have been rejected nearly three times, leaving the possibility of getting multiple strikes if someone like me were to tread that path. I don’t want to do that. I have gone through the EXTENSIVE effort as presented, to jump OVER that hoop. After this document is released, I have TWO rejections to appeal, and will probably have to risk getting TWO strikes before this is resolved. I refuse to do them at the same time though, leaving my channel in such a vulnerable state. After I tweet this I will appeal only ONE rejection, and regardless of however long the process takes for me to keep complaining about the results on twitter to clear that rejection, I will do it ALL OVER AGAIN with the other one. One at a time, to protect my channel. Time and money will be lost in order to protect myself, and do what YouTube should be doing.
The last point I would like to make to remind you guys all, is that throughout this entire document I have spoken as if I was arguing my content of being fair use from thumb media trying to claim they own it. I haven't even begun to BOTHER to point out that we have ZERO proof that they hold ANY affiliation with iShowSpeed, who is the YouTube creator and subject of content involved, and the ONLY factor overlapping all of these claims. (Even though 90% of the content they claim is under fair use anyway) But if by ANY means, even if my content is truthfully subject to a copyright claim, I am led confidently to believe that it DOES NOT belong to the rights of Thumb Media.
Tomorrow I am flying out on vacation for 5 days, in which I was very much looking forward to a mental reset. I want to clear my head, and come back to work February 3rd ready to finish editing and releasing a new video that I know well beyond hundreds of thousands of people are excited to enjoy. I really would prefer that this is resolved before then though. Thank you to anyone who has read this far and listened to all the information I have spent countless hours and days of my week working to put together, in which I could have spent my time otherwise MAKING MONEY. To those reading this as well, I would appreciate it if you were to tag @TeamYoutube to support me as well as it would continue to promote the overall problem until it is solved.