Fabian,
Please talk it over with your lawyers but FYI here is an example of a suspended Youtube account:
https://youtube.com/user/Barbaricsshadow
Here is what ALL the user's videos come up as:
https://youtube.com/watch?v=gXhoVgVp3cs
As you can see all the user's videos are taken down, including the channel. The user's content is no longer available.
Here are some of Youtube's guidilines:
Quote:
Accounts may be terminated due to
repeated violation of the Community Guidelines or Terms of Use
repeated claims of copyright infringement
a single case of severe abuse (such as predatory behavior or spam)
An individual whose account has been terminated is prohibited from accessing, possessing or creating any other YouTube account.
If your account has been terminated and you are unsure why, you can request more information via this form.
Copyright counter-notifications
If you believe that any of the copyright claims against your account are improper or invalid, you may file a DMCA counter-notification. Find more information about the counter-notification process here. This process is still available to terminated users - access to your account is not necessary.
Please note that there may be adverse legal consequences to filing a false counter-notification.
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http://www.google.com/support/youtub...y?answer=57391
Quote:
When we remove content for violating our policies, the user who posted it receives a strike. The type depends on the reason for the removal: copyright strikes are separate from community guidelines strikes.
In either case, the user is notified via email and via an alert that appears the next time the user logs in to YouTube.
Community Guidelines Strikes
Community Guidelines strikes last for six months from the date they are received. Notice is provided by email and at next log-in; for reference, copies of the notices are also logged within a user's account. Accrual of strikes results in penalties as follows:
First Strike: The first strike on an account is considered a warning.
Second Strike: If an account receives two strikes within a six month period, the ability to post new content to YouTube from that account is disabled for two weeks. If there are no further issues, full privileges are restored automatically after the two week period.
Third Strike: If an account receives a third Community Guidelines strike within six months (before the first strike has expired) the account is terminated.
When a user has posting privileges temporarily disabled on one account, for the duration of the suspension that user is also prohibited from posting material to YouTube using any other account. Attempts to circumvent this rule may result in immediate termination without warning of all accounts. If you feel that your video was removed without just cause, you can appeal the strike on your account. Please click here to learn more.
Sometimes a video is removed for the safety and privacy of the user who posted the video, or due to a first-party privacy complaint, court order or other unintended issue. In these cases the user will not receive a strike and the account will not be penalized.
Copyright Strikes
Copyright strikes are counted separately from Community Guidelines strikes. Unlike Community Guidelines strikes which expire after six months, copyright strikes do not expire. Notice is provided by email and at next log-in; for reference, copies of the notices are also logged within a user's account. Accrual of three copyright strikes leads to account termination. A copyright strike can only be resolved if (a) the user submits a counter-notification and prevails in that process, or, (b) we receive a message directly from the original claimant retracting the claim. Please note that there may be adverse legal consequences to filing a false counter-notification.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THESE MATERIALS FOR INFORMATIONAL PURPOSES ONLY.
For more on our copyright policies, including information regarding the counter-notification process, please see here.
Account Termination
Accounts may be terminated due to
repeated violation of the Community Guidelines or Terms of Use
repeated claims of copyright infringement
a single case of severe abuse (such as predatory behavior or spam)
An individual whose account has been terminated is prohibited from accessing, possessing or creating any other YouTube account.
For more information on account termination, please see here.
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http://help.youtube.com/support/yout...y?answer=92486
As you can see Youtube even specifies that a user MAY NOT reopen another user account after being terminated. Youtube even takes proactive steps to prevent them from doing so including banning the email used for the terminated account. There are even suggestions that if a user ever changes their email address to that old address after successfully opening an account under another email, the new account is also banned IMMEDIATELY.
I should also mention that after two strikes they prevent a user from uploading additional videos for a certain period of time.