How the DMCA Protects YouTube
bartle writes "Slate is running an article that analyzes the question of how much legal trouble Google may get in having bought YouTube. Not much, according to the author, and thanks seem to go to a provision in the DMCA that may provide more protection for YouTube than torrent services." From the article: "But what about Mark Cuban's copyright argument? Why isn't YouTube in trouble in the same way Napster and Grokster were? The first difference, as indicated, is that Napster simply wasn't covered by the 512 safe-harbor law, and YouTube is. Napster wasn't "hosting" information at the direction of its users, but rather providing a tool for users to find and download predominantly infringing content. It may sound odd that Napster gets in more trouble for helping you find illegal stuff than YouTube does for actually hosting it. But that's the law and why YouTube should really, really thank its friends at Bell."
Napster/etc provided no real service apart from allowing users to host pirated music - whereas YouTude adds some real value.
Who the hell knows? Ask 5 lawyers and you'll get 5 different answers.
How we know is more important than what we know.
YouTube should really, really thank its friends at Bell."
maybe they should send them a cake.
They're lawyers.
1. Yes
2. No
3. It depends
4. Maybe
5. Profit!
errr, forget it.
There are two rules for success:
1. Never tell everything you know.
I'd love for youtube to start responding to DMCA takedown notices the way google does:
In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 videos(s) from this page. If you wish, you may view the video that the DMCA complaint was registered against here
Think about it...how could I possibly know *which* video infringes a copyright unless I can see it for myself, for educational purposes?
Of course it wouldn't be legal, but you can always dream :)