The streamer may or may not be incompetent, but the copyright bot issue is real. I am not a lawyer, but my reading of http://images.chillingeffects.org/512.html section g.2.C is that they are legally NOT ALLOWED to put the material up until 10 days after receipt of a counter notice if they wish to maintain their DMCA safe harbor.
If my reading of that statute is right (I'd give that about even odds - but feel free to read it for yourself), even a competent streamer would have had to do the takedown. The statute does not say how quickly the takedown has to be, it merely says "acts expeditiously". So any competent provider will have an automated procedure, and once that procedure is triggered, that's it unless the copyright holder takes it back, or 10 days passes.
I just love the irony that it is Neil Gaiman who it happened to. He has long been a vocal proponent of copyright maximalism, and his positions on this are sufficiently extreme that I refuse to ever again buy anything that he has written.
Update: I've left the last paragraph untouched, but I decided to look for Neil Gaiman in his own words on copyright. And I ran across http://www.youtube.com/watch?v=0Qkyt1wXNlI which demonstrates that I'm remembering his "grumpy" period but he's since been educated that "online piracy" is not so bad.
I'm glad I found this out. I'll have to start buying his books again. (Yet another example of how I can form an opinion, and hold it for years after the facts behind that opinion stopped being true. If I didn't do this kind of follow-up research, I would have never known.)
That's only true if it was a DMCA takedown notice. If it were their only copyright detection systems - which I think it's more likely - it doesn't apply.
Not so sure about him changing his mind. A couple of weeks before the interview you posted, Gaiman was discussing the freedom of information on his blog. Pretty much all he had to say was to compare information to pizzas: "Pizza wants to be free. Concentrate on liberating pizza from evil pizzerias." This is so extremely shallow (or disingenuous) that I lost a lot of respect for the guy.
If my reading of that statute is right (I'd give that about even odds - but feel free to read it for yourself), even a competent streamer would have had to do the takedown. The statute does not say how quickly the takedown has to be, it merely says "acts expeditiously". So any competent provider will have an automated procedure, and once that procedure is triggered, that's it unless the copyright holder takes it back, or 10 days passes.
I just love the irony that it is Neil Gaiman who it happened to. He has long been a vocal proponent of copyright maximalism, and his positions on this are sufficiently extreme that I refuse to ever again buy anything that he has written.
Update: I've left the last paragraph untouched, but I decided to look for Neil Gaiman in his own words on copyright. And I ran across http://www.youtube.com/watch?v=0Qkyt1wXNlI which demonstrates that I'm remembering his "grumpy" period but he's since been educated that "online piracy" is not so bad.
I'm glad I found this out. I'll have to start buying his books again. (Yet another example of how I can form an opinion, and hold it for years after the facts behind that opinion stopped being true. If I didn't do this kind of follow-up research, I would have never known.)