A Defense Against Youtube’s Terms of Service: #istandwiththebanned
So Markiplier community, the massive ban for emote spamming has hit several accounts, and I salute Mark and the mods for helping raise attention to Youtube. There are people who have gotten their accounts, but I doubt that it’s all of them who’ve had lost them.
Also, there’s the threat of “resuspension”, so I want you all to be informed.
Apparently, there have been accounts that have been suspended for the same thing in other livestreams, not just the latest one with Mark. But this one made the most noise– so everyone, if your account is banned, know these.
Even if your account isn’t banned, be informed.
This is the basis of the banned accounts: spamming. But there are grounds for spamming, found in the community guidelines.
This is the page where categories of spam and examples are given.
And this is the one that applies to this matter:
Repetitive Comments: Leaving large amounts of identical, untargeted, or repetitive comments.
Let’s see what “comments spam” may say as examples:
The only thing that may even remotely apply is posting the same comment repeatedly but there’s the catch: with a link to your channel. Which did not happen.
It’s funny that they keep listing that this isn’t a complete list. Typical to leave Youtube to interpret whatever they’re trying to ban. That’s the danger of open-ended conditions: they could interpret it any way they want.
But there’s a note! You’re allowed to encourage viewers to subscribe, hit the like button, share, or leave a comment. Which means:
Mark was definitely encouraging viewers to participate in a livestream. The paddle-emotes were identical in the stream, definitely repetitive (it seems like Youtube can’t describe it any other way). Definitely not untargeted because it was engagement with the Youtube Creator.
Alright. But that’s the Community Guidelines, let’s head over Youtube’s Terms of Service, of which what really applies for those accounts suspended/banned/ terminated.
“If the user is determined to be a repeated infringer” and “Youtube reserves the right to decide whether Content violates these ToS for reasons other than copyright infringement…. Youtube may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these ToS”
Both grounds are false on these banned accounts because the “repeated infringement” can be disputed due to the points above; termination without prior notice shows: “violation to the ToS” on “pornography, obscenity, or excessive length” and I doubt that repeating emotes showed those three.
Oh, but they updated their Terms of Service, effective December 10, 2019, it seems! Let’s see, for Youtube Content (so that includes comments on livestreams):
No violation there, I mean I don’t think emotes to choose what path hurt anyone.
We may use automated systems that analyze your content to help detect infringement and abuse, such as spam, malware and illegal content.
Again, I don’t think emotes to ENGAGE with the community/s activity is INFRINGEMENT NOR ABUSE.
Terminations and Suspensions by YouTube for Cause: YouTube may suspend or terminate your access, your Google account, or your Google account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement …© we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, YouTube or our Affiliates.
No repetition of breach, again, there are examples of people doing this once. How can “repetitive spam” be given warning if it doesn’t repeat?
Terminations by YouTube for Service Changes: YouTube may terminate your access, or your Google account’s access to all or part of the Service if YouTube believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Funny, that’s heartbreaking for content creators who apparently just reacted in a livestream to get their livelihoods and Google accounts stripped away.
Notice for Termination or Suspension: We will notify you with the reason for termination or suspension by YouTube unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or © would cause harm to any user, other third party, YouTube or our Affiliates.
No, no, and guess what, I doubt emotes harmed anyone except apparently Youtube’s algorithm. So no.
On all grounds for termination, it can be disputed that the accounts have followed the community guidelines and Youtube had acted harshly by BANNING their accounts without prior notice.
There’s also something that is said in the end of the new ToS on Termination:
Where YouTube is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
Alright, from what we’re seeing, sufficient time was not given at all. It’s been two days and they were suspended on sight.
On the Community Guidelines, this is stated:
We’ll remove the content and send you an email to let you know. If this is the first time you’ve posted content that violates our Community Guidelines, you’ll get a warning with no penalty to your channel…. Your channel will be terminated if you receive 3 strikes.
Nothing again. Lots of people had their accounts banned even if this was their first time doing anything that this attention would even be associated with. Terminated after 3 strikes? What happened to the three strikes?
Argument Three: Youtube violated their own agreement. There was no sufficient time given, not even a warning especially if this was the first time! Your channel was supposed to get three warnings/strikes.
You can appeal, right? Yes. But from what we’ve seen, appeals are being rejected, especially when you can only send once. But that doesn’t mean that all is naught; there are other venues to bring this issue to light.
Get their attention on all platforms possible, and it seems like Twitter is the best way to reach them. E-mails are next.
Don’t be afraid to hound Youtube for this; spread the word about this.
Youtube had violated their own law. Know this and tell them. Know that you aren’t in the wrong and they had done something inherently damaging. Don’t be afraid.
Understand that they’re trying to worm their way out of this. They use double-meaning words and try to be so obscure in their agreement as to defend their own actions. But know that you can as well.
Make noise. Get your accounts back.
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