/biz/ - Business & Finance

[Anonymous No.16472513]

Any lawyers here?

Can the FTC sue you if you are in Europe? Im making a living from Youtube videos (animations) and im scared that they will sue me over this COPPA bullshit. The bot didn't mark any of my videos as for kids, however im worried since the crooked settlement between the FTC and YT now allows them the overreachment of being able to sue individual creators over not clicking a fucking box that asks "is this for kids?". Fucking retarded. Those boomers think having a YT channel is like having a website, when reality is, COPPA can't apply to us since we can't collect any data.

If you mark your videos "made for kids" to remove liability your channel is dead anyway, so I might as well risk it, however like I said im worried they will consider my animations to be made for kids, even tho they have guns, some inappropiate memes like the "what the f***" meme, etc, but they are colourful etc.

There have been only 21 COPPA violation cases that I can count since 1998, would be really unlucky to be one of those now, but you are gambling with some 55 year old boomer reviewing your channel everytime you upload a video now... great user experience.

I believe someone will win them in court since this notion of a YT channel being a webpage and having to comply with COPPA is nonsense, however until that happen they can use the crooked settlement to bully people.

Hopefully someone knows what im talking about and can give some advice.

Note that money outside of Adsense is unfortunately a pipedream as an animator. YT has audovisual monopoly. Only huge channels with original characters can sell merch. I don't even use my voice or anything, so there isn't much of a following outside of YT. Can't do freelance work, it's too niche. This COPPA bullshit kills so much independent creators to be replaced with (((Disney))) and co. I wonder how's lobbying for this to pass.

PS: The usual butthurt wages that never were able to make money online and come here to hate will be ignored.

[Anonymous No.16472526]

get a real job bro

[Anonymous No.16472556]

you can be sued anywhere bro, the question is whether or not the court has the ability to enforce judgment

[Anonymous No.16472593]

I want to add, the animations are made with videogames. Yes, there's kids watching, but it isn't fucking Cocomelon nursery rhymes, ABC's, learn colors etc, which is what I understand as "made for kids". However, those fuckers used stuff like "Teen Titans Go" as something made for kids, so it seems they don't consider as "made for kids" only baby tier shit so im worried.

Also see this lawyer explaining why this whole FTC x YT settlement is crookery:

https://www.youtube.com/watch?v=nsvTUaxMLrs


On the suing thing, I've heard people say:

-"Yes, they can sue you, if you don't show up in court in USA, interpol kicks in"
-"No, they can't sue you since you are out of the US, they can delete your channel at worst"

So who the fuck is right?

I just can't enjoy this shit anymore. Fuck, I found a niche that was working so good, and now im paranoid I will have the fucking FTC sending me a cease and desist letter, or even sue my ass. But man im making money now, im supposed to click on a button that basically kills your channel? this is nonsense. I really hope someone with enough resources gets hit by this and brings them to court and defeats this dumb notion of us being able to collect data from being a channel.

I hate the USfags of america so much. This is all lobbying by corporations to kill independent content creators and replace them with corporate bullshit, using the good ole narrative of "let's save the children" to cater for the low IQ masses, and using the push of the "Parental advocacy groups" of autistic COPPA moms pushing for this nonsense, not realizing that if they kill all kid friendly content from the platform their kids will end up watching inappropiate content since no one wants to go to YT Kids past like age 7, you get literally laugh at in school if you show up with that as I have smaller cousins and they already play Fortnite by age 8. This is all so fucking retarded. They told us to make family friend stuff and now you get punished for it. Fuck this.

[Anonymous No.16472621]

>>16472526
Fuck a real job. It pays like shit anyway, and I wasn't autistic enough for STEM so I don't have education to get a job that pays decent. Also im spain so jobs pay like shit and it's impossible to get one anyway, im too old and lack experience. Fuck I was happy doing this, im paranoid to keep going now, but I would be brutal to shut down my channel. FUCK

[Anonymous No.16472627]

>>16472556
So if im in spain and the FTC sues me what could happen? if I ignore them and don't do shit what happens?

[Anonymous No.16472780]

>>16472513
IANAL BUT AFAIK FTC = 0 YUROPE JURISDICTION
tldr, no

[Anonymous No.16472843]

>>16472627
if there is some sort of treaty whereby Spain has agreed to enforce certain types of American court judgments, you'd be fucked.

Interpol is a 3rd party supposed neutral but are actually really corrupt from my experience with them. Basically Interpol is like a credit reporting agency and potentially can get you blackballed from other countries. China uses them a fuckton to penalize dissidents that have left the country because your interpol file can influence whether or not you have your passport or status taken away.

All that said, if you're on here you're probably a neet smallfry and you might get some scary letters or youtube just locks your account one day.

[Anonymous No.16472844]

>>16472780
But what i've heard is:

"Since YouTube is an US platform, those rules apply globally as someone using YT, so they can sue you werever you are and you must go to court, or else interpol will do the rest".

Can someone tell me for a fact?

I don't want to be the only idiot that kills their own channel while everyone else in my niche keeps making $$$ because they don't give af and then it turns out no one ends up being sued.

[Anonymous No.16472881]

>>16472843
>if there is some sort of treaty whereby Spain has agreed to enforce certain types of American court judgments, you'd be fucked.


How do I check if this is the case?

There's no precedents of the FTC being able to sue content creators inside YT before this crooked settlement. Those are all the COPPA violation cases since 1998:

https://www.privo.com/history-of-coppa-violations

I can count like 22, so I wonder what are the chances that some animations channel with roblox and minecraft and mario characters is hit by this.

But the thing is, we don't know how agressive they will be now that this crooked settlement allows them to bully people off the platform.

Im almost sure they will fuck up someone to make an example of and so the rest will self-censor like the mafia does, and I dont want that to be me. However, I also don't want to miss on all the money I could be making if I didn't shut down the channel (marking it as for kids kills your channel)

[Anonymous No.16472902]

>>16472844

Nigger, think of the expense of me launching an international lawsuit and sending le interpol cops to kick your door in vs. I send you a scary ass worded letter. You will get a warning letter first before anything happens.

Go read up on napster and limewire and those lawsuits, they rarely went after anyone and only made a few examples to try and scare everyone else.

[Anonymous No.16472923]

it would go like this

1. Warning
2. Final warning
3. You're demonitized / banned / deleted

its just not worth the money to chase people around who are hard to find, and probably have no money

[Anonymous No.16472938]

>>16472513
not reading your blogpost faggot stop making videos of kids you fucking nonce.

[Anonymous No.16473015]

>>16472621
>>16472513
Who gives a shit? Worst case scenario you get sued and have to pay $30 a month. Put your assets somewhere safe if you're that worried, but nobody is going to bother you for this

[Anonymous No.16473041]

>>16472923
Wrong.
>>16472593
>

> -"Yes, they can sue you, if you don't show up in court in USA, interpol kicks in"
> -"No, they can't sue you since you are out of the US, they can delete your channel at worst"

> So who the fuck is right?
They can and they Will Get you if needed. USA does this all the time against hackers.
I don't know what is your case but if what you are doing is a crime against states or us companies, and there is a lawsuit they Will Get you and use extradition through interpol.
Sry for grammar.

[Anonymous No.16473045]

>>16472844
that's bullshit lol you aren't going to be extradited for this. Muh big badUS lawsuit. Stop being a pussy you are embarrassing all of europe

[Anonymous No.16473113]

>>16472593
There's a difference between what is possible and what is practical, which is why you get answers all over the place.

In the US you can literally sue anyone for any reason. That doesn't mean you will win (def. won't if it's bullshit) and doesn't mean you can collect or enforce the ruling. It's also expensive as hell to sue somebody, generally.

It's very impractical to sue someone outside the US but if they are motivated enough they can do it. See The Pirate Bay story as an extreme example.

You're probably not worth the effort to going after. Only scenario I can think of would be your government being such a meek bottom feeder that it just bends over and goes after you with glee just to win some small political favor with the US.

[Anonymous No.16473166]

>>16472844
The internet is a US invention, as long as you use the internet the FBI can always knock at your door wherever you are.

[Anonymous No.16473566]

You are save from getting hit by coppa directly if you sit in eu but not from youtube. Youtube is under coppa and you are under youtube. So if you fuckup youtube can fuck you up.

With that said your content is most likely not under coppa anyway.

[Anonymous No.16473582]

https://www.ftc.gov/news-events/blogs/business-blog/2019/11/youtube-channel-owners-your-content-directed-children?utm_source=govdelivery

Here's the criteria directly from them.

[Anonymous No.16473692]

>>16472844
Before we start this, you'll probably be fine.
>"Since YouTube is an US platform, those rules apply globally
THIS, Don't any of you know how Calvin got sued by the US gov for operating a .com gambling site?
bodog.com
Calvins case was one of the seminal cases.
Also, you are using USD/US banks, so you're under their jurisdiction.

Protect your butthole OP

[Anonymous No.16474473]

>>16473041
Im not a hacker im making animation videos lmao

[Anonymous No.16474513]

>>16473692
>Protect your butthole OP
How?

>>16473582
Their guidelines are vague as fuck.

Also, anyone seen this video?

https://www.youtube.com/watch?v=nsvTUaxMLrs

How can we either comply or violate COPPA through a YT channel? We cant even collect any data. Also we cant ask every single parent of a kid watching our videos for a fucking permission, this is ridiculous. YT is a multi billion dollar corporation, COPPA applies to them, not to users directly. I hope someone with enough resources fights this case and wins.

[Anonymous No.16474913]

>>16474513
The legal model is similar to running a franchise. You make money with your channel under their brand. coppa isn't even your direct problem - it's how youtube implements it which is currently far more widereaching than coppa itself. They basically gave you less options than coppa has to minmax their profit. There's a youtube dev who spilled the beans.

But all you really need to know is mark your videos before 9th dec and chill.

[Anonymous No.16475049]

>>16474913
Yeah, but if i mark them as for kids my channel is dead.

So I mark them as not for kids and roll with it?

My content is similar to this:

https://www.youtube.com/watch?v=7dJgpIcFZls

You know, animated content with videogame characters and stuff. You may think its a joke but takes so much fucking time to make the characters move and so on. And after years I became emotionally attached to the channel. I would be brutal to let see it all go.

[Anonymous No.16475274]

>>16475049
You should look at your statistics, youtube lists your viewer demographic so you should know % of viewers being kids watching your channel. I think it's a good reality check. What you linked looks 100% kid friendly to be honest which makes it grim. I understand how much work it is to create videos like that but it doesn't change the situation. The widely discussed option is of course add something mature to it if your videos aren't already more mature in their nature.

But another thought: If your content is just all silent 3d movies i would try to resell international at other popular video sites. Biggest hurdle translation falls away so why not?

[Anonymous No.16476246]

>>16475274
>You should look at your statistics, youtube lists your viewer demographic so you should know % of viewers being kids watching your channel.

YT does not record any data below age 13, because its a fucking PG13 website, which is why this whole is so retarded. Lots of kids go there with fake accounts or with their parents accounts, so fucking what, why do we have to be liable of that? and we dont collect any data at all as channel owners. Fuck this shit.

>>16475274
>If your content is just all silent 3d movies i would try to resell international at other popular video sites.

There are no other popular video sites, the business model is adsense.

Anyway, what can happen if I mark those videos as not for kids and keep making money? I need to help at home with the money, fuck I just cant lose all revenue of all sudden, this is nuts.

[Anonymous No.16476268]

>>16476246
PS: Those are not my analytics, its just to show that there is no data below age 12.

I got lots of 30+yos but its likely kids with their parents accounts I guess. Nontheless my point stands, why the do we have to pay for this if we arent even collecting anyones data throught a YT channel.

If you stil dont get it: Imagine moot or whoever the fuck runs this place now, settles with the FTC that people that create threads are liable of all the stuff that happens on that thread (all cookies, IP addresses, personal info on the comments, etc etc). See how fucking retarded that is.