Viacom-YouTube lawsuit major legal test
Cory Bergman March 13th, 2007
Viacom’s $1 billion suit is a wake-up call for user video sites and a test of the Digital Millennium Copyright Act. The DMCA provides a safe habor against copyright liability if online service providers promptly remove copyrighted material when asked to do so. The key question here is what happens when users continue to upload copyrighted material faster than the site can remove it? As Viacom alleges, this continuous process of takedown orders and removals and resubmissions of content provides a lag time that YouTube is profiting on. Without filtering technology — the critical missing link — Google has a real legal challenge on its hands (although it’s likely that Google would settle before it winds its way through the courts.) What do you think? Post below…
Adds Jason in comments: “As much as I love YouTube and blame content providers for not easily providing video players that can be embedded and shared… I don’t see how they even have a shred of a defense here. YouTube makes tons of money. Largely off of other people’s copyrighted work. It seems like theft to me.”
Adds invitedmedia: “Sorry, but since the court often moves in decades rather than days it will serve YouTube NOT to settle before it winds its way through the courts.”
Adds Charles: “If this helps YouTube to take copyright infrigments/theft more seriously, good for them. I love watching clips uploaded illegaly, but if content providers can legally put them up, I’d be just as happy. On another note… $1 billion? That would hardly dent the Google dynasty, wouldn’t it? Or will Google be the next Microsoft; rich and powerful, but sued on a regular basis?”
8 Comments Add your own
1. invitedmedia | March 13th, 2007 at 8:36 am
sorry, but since the court often moves in decades rather than days it will serve youtube NOT to settle before it winds its way through the courts.
2. Cory | March 13th, 2007 at 10:11 am
Perhaps, but if they settle, they avoid the widespread ramifications of a judgement if it goes against them.
3. Jason | March 13th, 2007 at 10:35 am
Yeah, you almost hate to make a precedent in case law on this one. Everyone makes more money if there are no real rules.
4. Jake | March 13th, 2007 at 1:22 pm
Youtube is working on content filtering software because it knows that it will be sued into oblivion if it doesn’t have new, effective filters in place soon. Courts take into account the goals and objectives of a company that does certain actions. That being said, if this ever does make it to a court they will likely see that youtube is doing its best to keep up with the law and the company’s customers and that youtube’s battle against the speed of technological development (or as Viacom calls it, “massive intentional
copyright infringement”) is not worth one billion dollars.
The real questions should be: why did Youtube promise to have new filtering software in place by the beginning of the year and why hasn’t the company been able to meet that promise?
5. flotsam | March 13th, 2007 at 8:01 pm
remember Napster. Brought to heal by law and law suits as will YouTube/Google.
6. thedetroitchannel | March 13th, 2007 at 8:48 pm
you sure about that?
you can see how bringing napster “to heal” really invigorated the recording industry.
7. cali-love | May 24th, 2007 at 12:18 pm
I don’t think it’s youtube’s fault that user’s are putting copyright stuff on the internet for other user’s. If they can’t put it on youtube, there are plenty of other video sites to upload on… veoh, idkwtf, metacafe… so in the end, copyrighted videos will still regardless, be on the internet for people to download. Filter or no filter, people will find a way around it. There really is no solution to this so called problem. What they should look into and spend their time on is how to make it so their shit doesn’t get copied. Our technology is so advance, why doesn’t viacom spend a billion and find a solution to their own problems rather than blaming other smaller companies for a loophole in their own system.
8. dude | August 28th, 2007 at 9:38 pm
i would sell my google stocks if i had some
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