ReportWire

Tag: Digital Millennium Copyright Act

  • Google Is Getting Thousands of Deepfake Porn Complaints

    Google Is Getting Thousands of Deepfake Porn Complaints

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    Each method is weaponized—almost always against women—to degrade, harass, or cause shame, among other harms. Julie Inman Grant, Australia’s e-safety commissioner, says her office is starting to see more deepfakes reported to its image-based abuse complaints scheme, alongside other AI-generated content, such as “synthetic” child sexual abuse and children using apps to create sexualized videos of their classmates. “We know it’s a really underreported form of abuse,” Grant says.

    As the number of videos on deepfake websites has grown, content creators—such as streamers and adult models—have used DMCA requests. The DMCA allows people who own the intellectual property of certain content to request it be removed from the websites directly or from search results. More than 8 billion takedown requests, covering everything from gaming to music, have been made to Google.

    “The DMCA historically has been an important way for victims of image-based sexual abuse to get their content removed from the internet,” says Carrie Goldberg, a victims’ rights attorney. Goldberg says newer criminal laws and civil law procedures make it easier to get some image-based sexual abuse removed, but deepfakes complicate the situation. “While platforms tend to have no empathy for victims of privacy violations, they do respect copyright laws,” Goldberg says.

    WIRED’s analysis of deepfake websites, which covered 14 sites, shows that Google has received DMCA takedown requests about all of them in the past few years. Many of the websites host only deepfake content and often focus on celebrities. The websites themselves include DMCA contact forms where people can directly request to have content removed, although they do not publish any statistics, and it is unclear how effective they are at responding to complaints. One website says it contains videos of “actresses, YouTubers, streamers, TV personas, and other types of public figures and celebrities.” It hosts hundreds of videos with “Taylor Swift” in the video title.

    The vast majority of DMCA takedown requests linked to deepfake websites listed in Google’s data relate to two of the biggest sites. Neither responded to written questions sent by WIRED. The majority of the 14 websites had over 80 percent of the complaints leading to content being removed by Google. Some copyright takedown requests sent by individuals indicate the distress the videos can have. “It is done to demean and bully me,” one request says. “I take this very seriously and I will do anything and everything to get it taken down,” another says.

    “It has such a huge impact on someone’s life,” says Yvette van Bekkum, the CEO of Orange Warriors, a firm that helps people remove leaked, stolen, or nonconsensually shared images online, including through DMCA requests. Van Bekkum says the organization is seeing an increase in deepfake content online, and victims face hurdles to come forward and ask that their content is removed. “Imagine going through a hiring process and people Google your name, and they find that kind of explicit content,” van Bekkum says.

    Google spokesperson Ned Adriance says its DMCA process allows “rights holders” to protect their work online and the company has separate tools for dealing with deepfakes—including a separate form and removal process. “We have policies for nonconsensual deepfake pornography, so people can have this type of content that includes their likeness removed from search results,” Adriance says. “And we’re actively developing additional safeguards to help people who are affected.” Google says when it receives a high volume of valid copyright removals about a website, it uses those as a signal the site may not be providing high-quality content. The company also says it has created a system to remove duplicates of nonconsensual deepfake porn once it has removed one copy of it, and that it has recently updated its search results to limit the visibility for deepfakes when people aren’t searching for them.

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    Matt Burgess

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  • Bungie Wins $12 Million In Destiny 2 Anti-Cheat Lawsuit

    Bungie Wins $12 Million In Destiny 2 Anti-Cheat Lawsuit

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    As Bungie continues on its warpath against Destiny 2 cheaters, the studio has won $12 million in the lawsuit against Romanian cheat seller Mihai Claudiu-Florentin that began back in 2021.

    Claudiu-Florentin sold cheat software at VeteranCheats, which allowed users to get an edge over other players with software that could do things like tweak their aim and let them see through walls. Naturally, Bungie argued that the software was damaging to Destiny 2‘s competitive and cooperative modes, and has won the case against the seller. The lawsuit alleges “copyright infringement, violations of the Digital Millennium Copyright Act (DMCA), breach of contract, intentional interference with contractual relations, and violations of the Washington Consumer Protection Act.” (Thanks, TheGamePost).

    You can read a full PDF of the suit, courtesy of TheGamePost, here, but the gist of it is that Bungie is asking for $12,059,912.98 in total damages, with $11,696,000 going toward violations of the DMCA, $146,662.28 for violations of the Copyright Act, and $217,250.70 accounting for the studio’s attorney expense. After subpoenaing Stripe, a payment processing service, Bungie learned that at least 5848 separate transactions took place through the service that included Destiny 2 cheating software from November 2020 to July 2022.

    While Bungie might have $12 million more dollars out of this, VeteranCheats’ website is still up and offering cheating software for games like Overwatch and Call of Duty. Though, Destiny no longer appears on the site’s home page or if you search within its community.

    According to the lawsuit, Bungie has paid around $2 million in its anti-cheating efforts between staffing and software. This also extended to a blanket ban on cheating devices in both competitive and PvE modes earlier this month.

    While Destiny 2 has been wrapped up in legal issues, the shooter has also been caught up in some other controversy recently thanks to a major leak that led to the ban of a major content creator in the game’s community.

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    Kenneth Shepard

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  • Report: City-Builder Taken Off Steam After Fan Goes Rogue [Update]

    Report: City-Builder Taken Off Steam After Fan Goes Rogue [Update]

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    Screenshot: Workers & Resources: Soviet Republic

    Workers & Resources: Soviet Republic is a city-builder that has a particular focus on how urban planning worked alongside the communist economies of Eastern Europe during the Cold War. It’s not for everyone, then, but it certainly has its fans.

    Sadly those fans are now the only ones able to play the game, because it is now unable to be purchased by anyone else after a DMCA takedown reportedly got the game removed from Steam’s marketplace.

    In a post made by the game’s developers, Slovakian studio 3Division, it’s claimed that a player, “once a respected member of our community”, has gone rogue and begun attacking the game’s online presence, trying to get everything from trailers to the game’s website taken down.

    Why? It’s alleged that this player had written a guide on a way to play the game more realistically, and that while the developers had already been working on a game mode that did just that, they had agreed to add him to the game’s credits as a goodwill gesture given his prominence in the community.

    3Division say this player then, having been told they wouldn’t added to the credits until after this new mode had been completed and released, “started to abuse the YouTube report system issuing copyright strikes to one of our most helpful influencers”, and that as a result of this behaviour they withdrew their offer to officially thank him.

    In response to this, it’s claimed the player then reported the game’s website and had it taken down (the link now directs back to 3Division’s main company page), then began reporting other official YouTube videos from the studio as well. Matters have now escalated to the point where the game itself has been taken off Steam due to a DMCA request, and the player is “now claiming that they own the rights to the [realistic] game mode”. For what it’s worth, 3Division say they are “are working to resolve the issue”.

    UPDATE 4:55am ET, February 17: 3Division’s Peter Adamcik says the fan in question is a lawyer, and tells Kotaku:

    It is very disturbing. First, the individual with law knowledge think he can better secure his rights than some other players. Another aspect why we would afraid to put him into credits would be that other players would get angry about it because his ideas was definitively not new. It seems like he just abuse the fact he is attorney at law – he will definitively handle the suit cheaper than us, so he think he may get anything he wanted from us because we will not go for costly suit. But legally he not have any ground under his foot to stay on and we will probably fight to the end! According to our opinion he is at big risk also – reputation, financial damage, also what he is doing is not with ethic either) If the game stays banned this will result into a enormous financial damage (aside from suit cost) for us and also for Valve…

    Another aspect what is very sad is that, DMCA mechanics just not works, seems like anybody can claim anything, the service provider is just forced to remove the content and in general not ask or nor the considering if the claims are real. Signed lawyer seems enough and everybody get fear from long and costly suits, content is then removed.

    This is Sad!

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    Luke Plunkett

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  • ‘AI Art’ Companies & DeviantArt Are Being Sued By Artists

    ‘AI Art’ Companies & DeviantArt Are Being Sued By Artists

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    Screenshot: Futurama

    Stability AI and Midjourney—two of the biggest names in the exploding field of AI-generated imagery—and portfolio site DeviantArt have become the target of a class action lawsuit, filed in California on behalf of artists.

    As we’ve covered previously, AI-generated imagery is a highly contentious field, one where “artists write algorithms not to follow a set of rules, but to ‘learn’ a specific aesthetic by analyzing thousands of images. The algorithm then tries to generate new images in adherence to the aesthetics it has learned.”

    The suit has been brought forward by three plaintiffs, all artists: Sarah Andersen (of Sarah’s Scribbles), Kelly McK­er­nan and Karla Ortiz, who on behalf of all artists affected are “seeking compensation for damages caused by Stability AI, DeviantArt, and Midjourney, and an injunction to prevent future harms”.

    It makes numerous and serious allegations:

    The lawsuit alleges direct copyright infringement, vicarious copyright infringement related to forgeries, violations of the Digital Millennium Copyright Act (DMCA), violation of class members’ rights of publicity, breach of contract related to the DeviantArt Terms of Service, and various violations of California’s unfair competition laws.

    As lawyer Matthew Butterick says in his post about the case, the three companies are being targeted by “writ­ers, artists, pro­gram­mers, and other cre­ators” who are “con­cerned about AI sys­tems being trained on vast amounts of copy­righted work with no con­sent, no credit, and no com­pen­sa­tion.”

    Stability AI and Midjourney are the companies behind the two most popular AI-generated art platforms, while DeviantArt—most commonly known as a portfolio and community art site—is being included for its own work in fucking up massively.

    For more technical details on the suit—or contact details if you’re an artist and would like to get involved—you can check out Butterick’s post here.

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    Luke Plunkett

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  • YouTuber Beats Nintendo After It Tried Nuking Evidence Of A Canceled Zelda

    YouTuber Beats Nintendo After It Tried Nuking Evidence Of A Canceled Zelda

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    Link holds up a recovered YouTube thumbnail.

    Image: Nintendo / Retro Studios / DidYouKnowGaming / Kotaku

    Early in December 2022, Nintendo had a journalistic documentary about a failed 2004 pitch for a Zelda Tactics game nuked from YouTube. Last week, however, Google’s video sharing platform restored the project after seemingly failing to find any copyright infringement. It’s the rare example of a content creator standing firm and getting a copyright takedown notice reversed.

    “We won,” YouTube channel DidYouKnowGaming tweeted on December 28. “The Heroes of Hyrule video is back up.” It added that YouTube confirmed the original copyright takedown notice was indeed from Nintendo and not an imposter, and that the video has received over 20,000 views in its first day back.

    The video was originally posted back in October and featured material from a failed Retro Studios pitch to make a Legend of Zelda tactics spin-off for the Nintendo DS called The Heroes of Hyrule. The video poured over the design goals and delved into why the studio best known for Metroid Prime was interested in making it in the first place, all based on an interview with the former developer behind the pitch.

    When Nintendo issued a copyright takedown notice against the video months later in December, DidYouKnowGaming accused the beloved gaming company of censoring journalism and hurting efforts at preserving historical records. It told Kotaku it planned to defend the video on fair use grounds, and that campaign now appears to have prevailed.

    “When you counter a DMCA on YouTube, the company who DMCA’d you has 10 working days to show that they’ve taken legal action against you, or the video is restored,” tweeted Shane Gill, the owner of DidYouKnowGaming. “So I spent the past two weeks checking my email to see if Nintendo was suing [sic] me.”

    Nintendo was not suing, at least not yet. While that option still remains, the Mario maker would now have to take the channel to court to get the video removed again, rather than simply relying on flexing YouTube’s automatic copyright protection policies. “Their intent was to scrub this piece of journalistic work from the internet because they didn’t like what it uncovered,” Gill tweeted.

    Nintendo, YouTube, and DidYouKnowGaming didn’t immediately respond to a request for comment.

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    Ethan Gach

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