Viacom vs. YouTube
As most of you know already, Viacom has filed a lawsuit against YouTube, claiming YouTube does not do enough to prevent users from uploading copyrighted material to their site. In my opinion and experience as a YouTube user of over three years, that allegation is a lie. In fact, the exact opposite is true. YouTube users have complained for years that their videos were removed from YouTube because of copyright infringement. YouTube is very vigilant in finding users that violate their Terms Of Use and they frequently suspend users who repeatedly upload infringing content. The Digital Millennium Copyright Act shields YouTube from liability because they remove infringing content as soon as they become aware of its existence on their website.
Viacom got their own employees to upload their (Viacom’s) copyrighted content to YouTube in an elaborate scheme to use deception and fraud to obtain money from this lawsuit. YouTube was caught in an extremely difficult situation. If they removed an infringing video, Viacom could claim that they uploaded the video and YouTube had no right to take it off. On the other hand, if YouTube did nothing, Viacom could claim that YouTube is ignoring the infringing content on their website.
“Viacom's efforts to disguise its promotional use of YouTube worked so well that even its own employees could not keep track of everything it was posting or leaving up on the site. As a result, on countless occasions Viacom demanded the removal of clips that it had uploaded to YouTube, only to return later to sheepishly ask for their reinstatement. In fact, some of the very clips that Viacom is suing us over were actually uploaded by Viacom itself.
Given Viacom’s own actions, there is no way YouTube could ever have known which Viacom content was and was not authorized to be on the site. But Viacom thinks YouTube should somehow have figured it out.”*
Viacom repeatedly attempted to buy YouTube before Google owned it, but failed. It is almost obvious that Viacom is using this lawsuit as a way to retaliate against Google for buying YouTube. Shame on you Viacom. Most of the users who upload infringing content are just kids who make YouTube videos for fun.
I encourage all YouTube users to refrain from uploading videos with copyrighted content in them. It would be a way for us to show support for YouTube in their legal battle against Viacom.
mightylions1 Media
* Excerpt from the YouTube Blog 3/18/10
http://youtube-global.blogspot.com/2010/03/broadcast-yourself.html
“Our lives begin to end the day we become silent about things that matter”
Dr. Martin Luther King, Jr.
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Good post mate.
ReplyDeleteThough I'd have to say it was arguable as to whether YT does sufficient to deter copyright theft, you make some good points nonetheless.
As you described, Viacom's ineptitude/unethical behaviours certainly don't seem valid nor supportive of their legal action.
To my mind, it points to a need for a fundamental rethink of copyright laws (and fair use). Definitions seem out of date - keeping in mind that the ability to republish vid/music was exclusive to large companies and not in the gift of the average Joe Bloggs at the time many applicable laws were drafted.
That said, we've had commercially available consumer (cassette! Remember those?!) recorders - both audio and video - for what, 30-40 years, so time for a rethink of relevant law methinks!
Especially due to the widespread, social uses we more recently have seen YouTube put to.
Your concluding advice is very good, irrespective!
Viacom sucks, I'm glad they lost in court!
ReplyDeleteYouTube is great, I don't know why Viacom is so stingy about copyright issues... they make money off the ads anyway!
ReplyDeleteDeath to Viacom (and MTV) lol
ReplyDeleteEnjoyed reading your post, very good job!
ReplyDeleteexcellent article!
ReplyDeleteNice
ReplyDeleteNice post man, thanks for the info
ReplyDelete