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Viacom Demands YouTube Remove Videos
AlHunt writes "According to the folks at PCWorld Viacom has publicly scolded YouTube for continuing to host throngs of Viacom videos without permission. They are demanding that over 100,000 of its clips be removed from the site. This includes content from Comedy Central (no more Daily Show), MTV, Nick at Nite, Nickelodeon, Paramount Pictures, and VH1. YouTube has acknowledged receiving a DMCA request from Viacom, and the article notes what a dire precedent this could be if Google can't reach an agreement with Viacom and its fellow IP holders."
Honestly, the reason I watch the Colbert Report is Youtube. If I hadn't seen Colbert at the White House Correspondents' Dinner, I might not watch the show. I mean, they should complain about full episodes, but if there's 3 minutes of Colbert or Stewart on there, it's just advertising to watch those shows.
...part of me wants to say "fuck 'em"
because someone will re-upload those clips whether Viacom likes it or not.
OTOH, I understand why GooTube doesn't want to piss off the big players in the media industry & will eventually compromise in one way or another.
[Fuck Beta]
o0t!
Our business model is to host content made by others and become fabulously wealthy. If you don't allow us to freely show the material you've paid for our bottom line will be negatively impacted. Please reconsider, for at least as long as it takes to sell our Google stock.
Sincerely,
YouTube
This just means that you have to find and download a high quality version of the show that you want to watch. You can still get it for free, but you have to work a very little for it. It will only stop piracy committed by the very lazy or very stupid.
This move helps keep YouTube pure. Only people who take a picture of themselves everyday for years will be permitted to post content. Until the RIAA/MPAA copyrights their faces. You thought that we would only get mandatory full body coverings with a totalitarian Islamic government. Wait until you have to wear a burqa to avoid copyright violations.
Actually you don't. The DMCA says that the user that upload the videos are the ones who may be breaching copyright. Online Service Providers such as YouTube have safe harbour from copyright liability provided that they remove content if and when they receive a take down notice from the copyright holder. What YouTube are doing is perfectly legal as it is.
Reaching agreement with the big media companies might make reduce YouTube's workload and reduce news stories such as this one. But it's absolutely not necessary.
Absolutely, however GooTube is pretty good about removing material when asked to do so by copyright holders. The problem is that it keeps getting re-uploaded, and the DMCA doesn't (as far as I know) allow for blanket removal. That is, each instance of infringement must be included in the DMCA takedown request. So Viacom has to constantly monitor the site and send out the requests, and someone at Youtube has to take them down, one by one. Viacom can't say, "Please remove all Daily Show content," or, "Please remove all of our content." It just doesn't work that way.
This is one reason that negotiating a deal would be beneficial to both parties. There are many more users willing to upload content than Viacom employees working to search it out, or Youtube employees capable of removing it. The money lost in fighting the infringement is probably significant.
That said, as long as it continues to be (financially) worth it, Youtube will continue to host videos and will simply have to deal with the takedown notices. And Viacom (and other copyright holders) will have to continue to monitor these sites for infringing content.
Viacom owns the material and they can do what they want with it. Youtube didn't pay to produce it so they have no right to benefit financially from it. They may not charge to watch the videos but they use them to create value for the company. Viacom may actually want to leave the clips on Youtube but I'm guessing their lawyers advised that it sets a dangerous president. If they allow the clips they may loose control of the shows themselves. In some ways this is up to the court system and where they draw the line. Viacom can provide them with clips but it gets dicey when some one other than Viacom posts the clips without Viacom's permission. Whoever puts the money into producing the material should control it. If you make something it belongs to you unless you give or sell the rights to some one else. That isn't copyright that's been true for roughly twelve thousands years or more.
It looks like Viacom automated their DMCA complaints, and included several videos in their DMCA notifications that they clearly don't hold the copyright to. One of the affected users also writes a Harvard law blog, and posted about it.