Porn Uploads: A Shield for Copyright Infringement Penalties on YouTube?

A new trend has emerged on YouTube where 'scammy' channels facing a ban for copyright infringement appear to evade penalties through the use of sexually explicit content. Questions remain, but evidence does suggest that a loophole is being exploited. By avoiding termination for copyright infringement, these channel owners may be able to protect their linked AdSense accounts.

 YouTube is the world’s most watched streaming platform. The endless library of videos, uploaded by both amateurs and professionals, is simply unrivaled.

This popularity translates into hard cash, with YouTube and its creators generating billions of dollars in yearly revenue. However, the revenue potential is also a magnet for people who try to profit from the work of others.

We’re not referring to the occasional use of copyrighted content in a broader creative context, but systematic copying in order to generate ‘viral’ content. This turns out to be a profitable business model for dubious ‘creators’ trying to ride the wave of YouTube’s algorithm.

These types of channels exist in various gradations. Some have found loopholes to upload Hollywood content, but those more astute typically stay away from well protected footage. Instead, they source videos that perform well on YouTube, often focused on a specific theme.

Running an operation like this requires expertise. It can be quite a challenge to evade YouTube’s copyright checks, including the Content ID system. Evading copyright strikes and related penalties is a top priority.

A Very Explicit Facade

In recent weeks, several of these dubious YouTube channels demonstrated a rather disturbing trend. After generating many millions of views, they suddenly swap their existing channel artwork and video thumbnails for images of hardcore porn.

This sounds bizarre, but we have documented several examples. The MrTech channel, for example, which had more than 170,000 subscribers, originally looked like this. With the post popular videos each generating millions of views, it was certainly doing well.

MrTech
 

Early November, however, the channel was suddenly filled with sexually explicit content. The videos were still the same, but the thumbnails, channel header, and the logo were clearly NSFW.

Mr…? (uncensored version NSFW!!!)
 

This type of footage is strictly forbidden on the streaming platform and within a few hours the channel was banned for violating community guidelines. That wasn’t unexpected at all, of course.

This explicit facade doesn’t appear to be an isolated incident. Others have started to notice similar channel overhauls recently. Internet Archive has a copy of the popular Luckiest People channel (NSFW!!) that shows a similar transformation, and there are many more.

So why do these types of channels display this behavior? Were they hacked? Or is there an ulterior motive behind getting themselves banned?

Porn Shield?

From what we are able to gather, these changes are intentional. We can’t rule anything out at this point, but it seems that the channel operators are deliberately trying to get their channels terminated for community guideline violations.

When channels are hit with several copyright strikes, they are on the brink of being terminated under YouTube’s copyright policy. However, by using porn as a shield, they’re able to preempt the copyright ban. This tactic usually works, as channels with blatant pornographic content are reported en masse and swiftly banned.

This tactic highlights a potential loophole or weakness in YouTube’s enforcement mechanism that malicious actors can exploit. But what do they get out of it?

YouTube channels can be terminated for both repeated copyright infringement and community guideline violations. In these cases, revenues are often withheld as well. It’s possible, however, that linked AdSense accounts are treated differently.

AdSense Nuance

AdSense policies can be confusing, but based on additional information provided by Google’s AI, YouTube copyright bans are most likely to result in AdSense terminations too.

“Google may suspend or permanently terminate the AdSense account linked to the terminated YouTube channel. This is because AdSense policies prohibit users from profiting from content that infringes on others’ copyrights.”

For community guideline violations, triggered by explicit content, Google AI notes that the response is ‘more nuanced’. Associated AdSense accounts are therefore less likely to be terminated.

“Unlike with copyright strikes, a channel terminated for community guideline violations might not automatically lead to AdSense termination. This is because the focus is on the content itself, not necessarily on profiting from illegal activity.”

Apparently, in some instances, revenues that were initially withheld may even be released after an investigation. That would be another major advantage.

This difference in penalties would explain the sudden appearance of explicit material on these channels. While that doesn’t save the existing channel in any way, it may leave the associated AdSense account intact.

An approved AdSense account is valuable, and keeping it intact means that it can then be used by other channels to start the process all over again. Indeed, there are clear signs that the people or groups behind “porn shield” continue their work elsewhere.

For example, we have seen plenty of new channels showing pretty much identical content to that uploaded by MrTech. Without pointing fingers directly, this Google search for one of its video titles is quite revealing.

TorrentFreak reached out to YouTube which couldn’t directly answer our questions. Instead, it provided a general statement, noting that MrTech triggered its Nudity & Sexual Content Policy, and that there’s a separate program for dealing with copyright infringement.

Source

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