I’ve been watching Misty Chronexia for years. He is one of the big Youtube anime reviewers. He would do anime reviews in a Youtube video with brief clips in a HUD. Perfectly legal “fair use” in the US. He has been shut down for a while due to third party companies claiming copyright violations. There is no legal action pending. The complainants would lose. So they complain to the owner of the channel instead.

Anime producers don’t seek out copyright violations directly. They hire small firms to do it for them just like bounty hunters. There is no downside for making a bogus claim. For the most part, those firms are very small companies located in Japan.

Complaining to Youtube isn’t a legal matter, it is a contractual matter. It is only 3 mouse clicks to submit a copyright complaint. The contact to carry your content allows them to cancel your channel based on complaints, not on whether the complaint is valid. If someone complains, Youtube is free to make its own judgment and the default is always against the channel user. There is an appeals process to win your channel back but it is difficult. Youtube controls the Youtube.com domain and is free to do as it pleases, including offering a heckler’s veto to anyone who wants to make a claim.

He doesn’t have a First Amendment claim. The 1A only applies to government action. When a private entity sets up standards, it is not censorship. It is like owning a store and being able to control what gets posted on a bulletin board by the front door. By the same rationale, Facebook gets to tell us we can’t show any female nipples except for those conditions they’ve agreed too. There is no legal recourse, there are only market forces to bring into play.

If the government owned the channel, they would not be able to place any restrictions except to block patently illegal programming. That would be censorship.  Private entities can only control their own assets so there is no legal protection in your using them. You can always go somewhere else and you have no right to the broad audience that Youtube can offer.

Misty has fought previous strikes. Most of the strikes are from Sony Music and Entertainment. Youtube’s process for challenging them can take your channel down until the challenges are resolved.  And that is what happened.

His future is uncertain. Maybe back up again in January.