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YouTube Hands Over User Info To Fox

An anonymous reader writes "Tech Crunch has an article about YouTube identifying and handing over a user's information after a request from Fox. 'Three weeks after receiving a subpoena from the U.S. District Court in Northern California, YouTube has reportedly identified a user accused by 20th Century Fox Television of uploading episodes of the show 24 a week prior to their running on television. That user, named ECOTtotal, is also alleged to have uploaded 12 episodes of The Simpsons, some quite old. Apparently Google and YouTube were willing and able to identify the owner of the username ECOTtotal, according to a report on InternetNews.com.'"

46 of 396 comments (clear)

  1. Willing and able by ShaunC · · Score: 5, Insightful

    "Apparently Google and YouTube were willing" ... to comply with a subpoena from a US District Court. I think most companies would do the same thing.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    1. Re:Willing and able by Chelloveck · · Score: 5, Insightful

      Yeah, but "Google Complies With The Law" doesn't make as good a headline...

      --
      Chelloveck
      I give up on debugging. From now on, SIGSEGV is a feature.
    2. Re:Willing and able by Dog-Cow · · Score: 5, Insightful

      Outside of privacy-related websites, there are none that promise privacy. At best, they will claim not to give/sell your information to others (read: spammers), but to expect anyone to promise to disobey the law to protect identity is ludicrous.

    3. Re:Willing and able by IDontAgreeWithYou · · Score: 4, Insightful

      This case is also different because the person put them on YouTube BEFORE they aired, so this is a bit more serious than just uploading the video. Non-Story.

      --
      Finding other idiots on /. that agree with your opinion doesn't make it any less stupid.
    4. Re:Willing and able by croddy · · Score: 1, Insightful

      Some do, and some don't. Verizon, for example, went to bat for its customers when the RIAA was launching one of its first full broadsides of subpoenas. They had to go into appeals, but eventually obtained a decision invalidating the subpoenas.

      That's the difference between "don't be evil" and "genuinely, honestly don't be evil."

    5. Re:Willing and able by rossz · · Score: 3, Insightful

      I disagree. I believe it's more in line with "Does the customer/user deserve us to go to bat for them to defend what they did?"

      In the case of Verizon, a big yes. In the case of YouTube, a big no.

      --
      -- Will program for bandwidth
    6. Re:Willing and able by rossz · · Score: 5, Insightful

      The difference was the RIAA wants to go on random fishing expeditions, hoping to find "something". Sometimes they don't even bother with that and make random ass, more often wrong that right, guesses.

      In the case of Fox and YouTube, they were looking for the one person who uploaded very specific videos.

      --
      -- Will program for bandwidth
    7. Re:Willing and able by teal_ · · Score: 5, Insightful

      Hrm, that's a valid point of view actually, I guess I was wrong. Thanks!

    8. Re:Willing and able by bky1701 · · Score: 4, Insightful

      Unless that law is in China...

  2. It was only a matter of time by Bobb+Sledd · · Score: 2, Insightful

    I began to wonder why this hasn't already happened.

    --
    "They said I probly shouldn't fly with just one eye," "I am Bender. Please insert girder."
    1. Re:It was only a matter of time by GreyPoopon · · Score: 4, Insightful

      If this guy was smart, he'd have uploaded this stuff from an open access point anyway (either an unsecured AP locally, or free public wireless).
      Ah, but given the fact that he uploaded episodes of 24 _before_ they aired, the list of suspects is already narrowed significantly. Searching for someone who would have had access to the material prior to the air date and lives near the unsecured AP or free public wireless network will provide a workable list for law enforcement. Unless this turkey is working as an anonymous team member with somebody else (IE, there's no relationship between where the media was acquired and where it was uploaded), he will almost certainly get caught.
      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

  3. Willing to identify? by Anonymous Coward · · Score: 5, Insightful

    If they were subpoenaed, they didn't have much choice. I hate the MPAA/RIAA/Studios as much as the next guy, but neither Fox or YouTube seem unrealistic here.

    1. Re:Willing to identify? by Radon360 · · Score: 4, Insightful

      Seems to me that the issue at hand is more of a precursor to all the RIAA/MPAA/copyright gobbledygook. This someone was posting shows before they aired. It would be akin to publishing a company's trade secrets before they went public with them (i.e. leaking insider information that would influence the company's stock price).

      Yes, the copyright stuff applies in whatever sense that it does, but if I were Fox, that would be taking a back seat to getting someone that was leaking "my" shows before they aired. Of course, once that someone were caught, "I" wouldn't be afraid to add copyright infringement to the list of charges.

    2. Re:Willing to identify? by drinkypoo · · Score: 2, Insightful

      This someone was posting shows before they aired. It would be akin to publishing a company's trade secrets before they went public with them

      And if they could get it equated to a trade secret, that would be a nice thing to nail them for.

      Yes, the copyright stuff applies in whatever sense that it does, but if I were Fox, that would be taking a back seat to getting someone that was leaking "my" shows before they aired.

      IANAL (obviously) but what laws are being broken here besides copyright infringement? I don't see any. However, Fox is entitled to damages, right? I imagine the damages from preempting a big chunk of storyline of one of a major network's most popular shows could be considered to be pretty high...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Willing to identify? by drinkypoo · · Score: 2, Insightful

      I don't know how the industry works, but as I understand it advertisers flip the whole bill and that's it. If they didn't loose any advertisers, then can they sue for monetary damages? Though I suppose they if they could prove loss of market share they would have something.

      Well, here in the real world, they probably don't have to prove anything, just make the assertion. I mean, it works for the RIAA and MPAA.

      It's true that advertisers buy in advance. But all they have to do is show (or bullshit) that the perceived value of the show is or even was reduced during the time period when the shows were out early, and they can probably successfully sue this guy for more than he will make in his lifetime :P

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Willing to identify? by Radon360 · · Score: 4, Insightful

      This someone was posting shows before they aired. It would be akin to publishing a company's trade secrets before they went public with them And if they could get it equated to a trade secret, that would be a nice thing to nail them for.

      How about lost revenue due to reduced ad revenue, resulting from reduced viewership? If people know ahead of time what is going to happen in the next cliffhanger, they would be less apt to make arrangements to watch it. Draw a parallel to all the reality TV series for a moment. How interesting does the show series become when you know who is going to win in the last episode? Why do you think they sign the participants to "hush agreements" with stiff penalties? If people lose interest in a show, it becomes harder to demand higher ad revenue for placement during the show airtimes since the ratings would show that less people would be watching. (higher ratings = higher price commanded for ad airtime)

      IANAL (obviously) but what laws are being broken here besides copyright infringement?

      How about simple theft? The shows in question weren't broadcast or otherwise distributed to the general public in some fashion by Fox. If these shows were posted to YouTube after they aired, then copyright infringement would be pretty much all that Fox would have as legal ammunition. However, someone illegally removed (stole) these shows from one of the production facilities. What if I were to grab a copy of my company's quarterly results before they were published/publically released and spread them all over the internet? Obviously, there would be hell to pay. However, if I did the same thing after the company published its results, there really wouldn't be any harm that would come from it.

  4. how does this work? by hackstraw · · Score: 2, Insightful


    OK, I post a youtube video of the goatse guy in action.

    I guess this dissapears? Haven't tried.

    OK, I post simpsons video, and the copyright owner says, stop it, and the video stays up (or down??) and then the user who submitted gets turned over to be turned into the goatse guy?

    My point, is why can come content just dissapear w/o a problem, but the other is then escalated into a problem?

    1. Re:how does this work? by Doc+Ruby · · Score: 2, Insightful

      There's a difference between the problems of showing a disgusting video that isn't protected by copyright, and a funny one that is protected by copyright.

      The difference is the copyright.

      And of course the remedy is different: deleting vs penalties for the unauthorized copies.

      --

      --
      make install -not war

    2. Re:how does this work? by Otter · · Score: 2, Insightful

      This guy was uploading content before it was televised. That's why Fox is going so heavy on him.

  5. Duh by Anonymous Coward · · Score: 1, Insightful

    Perhaps the rest will stop linking their personal information to accounts used in illicit activities. Privacy experts report that it's the simple things that get most people burned.

    Darwin at work. Anyone stupid enough to put their real info and post copyrited stuff deserves to get caught. Anyone expecting any amount of true privacy on the net is just kidding themselves (except for the rare few who really go through the lengths required to do so).

  6. Why YouTube? by 15Bit · · Score: 3, Insightful
    Of all the places you *could* post an illegal copy of a copyrighted TV program, why YouTube? It's pretty much guaranteed you're going to get caught.

    Stupidity sometimes gets what it deserves...

  7. Summary is very misleading... by msauve · · Score: 4, Insightful

    Providing information in response to a court subpeona is very different than doing so "after a request from Fox."

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  8. This really is theft by SuperKendall · · Score: 3, Insightful

    People like to say all the time that downloading movies is not theft; it's copyright infringement. And that is true.

    However in this case it is truly theft, because the 24 video was never in the public to "copy". This was outright theft of what is basically confidential data.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:This really is theft by LainTouko · · Score: 2, Insightful

      People like to say all the time that downloading movies is not theft; it's copyright infringement. And that is true.

      However in this case it is truly theft, because the 24 video was never in the public to "copy". This was outright theft of what is basically confidential data.

      Your second paragraph shows that you do not understand your first.

      It's not theft because nobody has ceased to possess anything. Whether what was being copied was supposed to be secret or not is irrelevant.

    2. Re:This really is theft by LainTouko · · Score: 2, Insightful

      No, you see, you're talking about what some group of people lobbied some other group of people to write on a piece of paper, leading to its enforcement by threat of violence. Whereas I'm talking about a concept which has existed for as long as property has existed.

      If you want to let lawmakers define your worldview, that's fine, but don't assume that I do.

  9. Got ta say..... by edwardpickman · · Score: 4, Insightful

    This is an obvious case of thieft and they have every right to plug the leak at their end. Posting episodes before they air has to be coming from their end so they have the right to locate and fire/prosecute the source. It has nothing to do with fair use it has to do with protecting their work. Advertisers can potentially cut funding and kill the series if they don't defend it. Youtube really has no choice since they'd be protecting the thief. Supporting the people involved harms those supporting fair use since it appears they are supporting outright thieft. A line has to be drawn and they crossed it in this case.

    1. Re:Got ta say..... by lahvak · · Score: 2, Insightful

      If I understand the situation in this case, it was not copyright infringement, it was a theft. The point is that the show was not released yet. If you break into my house and steal a manuscript of a book that I am writing, its a theft. Even if you just make a copy a leave the original manuscript behind.

      At the moment I publish the book, the situation changes. After that, if you make unauthorized copies, it is merely a copyright infringement, and only if the copies you make are not covered by fair use.

      --
      AccountKiller
    2. Re:Got ta say..... by Withen · · Score: 2, Insightful

      It may suggest it, and you may have inferred it from what you have read, but it does not suggest it. I wish you people would look up these words whose meaning you clearly don't understand before using them. The contradiction of that first sentence aside, I never used the word "suggest", and I don't particularly appreciate being criticized for the misuse of a word that I never in fact used. If you're going to quibble over semantics, especially if you're going to be condescending about it, please make sure the word in question was actually part of the conversation.

      As for the rest, I wasn't aware that screeners existed for television shows, especially mid-season. Your point about shows having to be rated is an interesting one, but in my experience it is exceedingly rare (especially when compared to the frequency that it happens with films) for television shows to become available online before they are aired. I think a good analogy would be if a film were released online before it was even shown in theaters.

      My main point was only that this case of copyright infringement is rather different from the usual cases during which the "it's not theft it's copyright infringement, you insensitive clod!" line is inevitably brought out, and subsequently may warrant some additional thought.
  10. Rich industrialists & charity work by jmorris42 · · Score: 4, Insightful

    > This is a company whose founders contribute very little back of their wealth to charitable causes
    > and instead choose to spend it on 747's with waterbeds and other such items.

    Sounds like they gave something back then, bet they made friends at Boeing at any rate and kept a few ordinary workers gainfully employed.

    Getting involved in charities is something rich industrialists should NOT do until they retire from day to day operations, until then they are performing a far greater service to society by PRODUCING WEALTH. After they tire of working eighty hour weeks creating wealth and start feeling their mortality is the time to use their share of the wealth they created to leave monuments to themselves. And I'm good with that too, after all ya can't take it with you and leaving craploads of cash to your offspring is an almost sure fire way to destroy em.

    --
    Democrat delenda est
  11. And this is OK by kosmosik · · Score: 2, Insightful

    It is not OK to take some licensed media and just upload if to Youtube. You fucking (/. editors) hypocrits will cry loud when GPL is violated but when somebody evidently pirates a copy of copyright protected Simpsons episode it is OK?

    1. Re:And this is OK by Anonymous Coward · · Score: 2, Insightful

      Actually, we believe that content should be freely distributable ala GPL or Creative Commons. Therefore, there is no hypocrisy because we would defend FOX if they used a freer license.

  12. Re:Google by krotkruton · · Score: 5, Insightful

    RRRRRight. So let's say you see a guy get robbed in the street and can identify the robber. The police find out you witnessed the robbery and subpeona you to appear as a witness. Are you evil for giving up the identity of the robber?

    I could be wrong, but I'm pretty sure that whoever uploaded this video early was breaking some law or another. How is it evil to turn him in, especially if your it states in your privacy policy that you will comply with law enforcement? If they had refused to hand over the information, we'd probably be getting people complaining about how Google is aiding and concealing criminals.

    A sarcastic "Don't be evil" is not an insightful (much less thoughtful, intelligent, or unique) response to every single action Google takes for the rest of eternity.

  13. Re:Viewed for free by berashith · · Score: 2, Insightful

    The problem lies in the fact that it had not been given away for free _yet_ . There are people that pay fox to give away the content so that people watching the content will see the commercials of those paying. Now, if half of the people who would have watched the show decide not to because they already saw it 12 days before it aired, then those people paying probably wouldnt. FOX stands to lose enough from this scenario that they will be coming after this person hard. The fact that it will be an inside source makes this more important for them to stop it as it will continue indefinitely, and all those advertisers will be chased off.

    Now, after it has aired for "free", i strangely have no interest in these things being protected, as I watch it on VCR, or tivo, or one of many other devices (youtube) that can allow me to skip. There is the case of several ads that still get played while I am distracted with other tasks, or need a break.

  14. Re:Do no evil... by letxa2000 · · Score: 2, Insightful

    Do not evil unless a lawyer subpoenas you.

    Why is it "evil" to comply with a court to catch someone who is breaking the law? I hate the RIAA attacks on individuals (I realize this is Fox, not the RIAA), but I certainly don't blame any ISP for complying with a subpoena for information. If I wrote a book and someone posted it to the Internet before I even had a chance to publish it, damn right I'd want to go after that person. It's not the ISP's/YouTube's/Google's job to run interference so someone else can break the law. In fact, I'd say that doing so would be evil.

  15. Re:Google by MightyYar · · Score: 3, Insightful

    I agree with you that Google should definitely have handed over information in response to a court order, and that the parent's sarcastic "Don't be evil" comment was not insightful.

    But you don't really think that copyright infringement and mugging share a common moral space, do you? Death penalty for speeders while we're at it?

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  16. Re:Google by drinkypoo · · Score: 2, Insightful

    I could be wrong, but I'm pretty sure that whoever uploaded this video early was breaking some law or another. How is it evil to turn him in, especially if your it states in your privacy policy that you will comply with law enforcement?

    I'm not claiming that Google did anything wrong - I don't think they did - but I could make an argument for it.

    The argument goes like this: Copyright is an evil institution that punishes creativity by making it possible for the major media conglomerates to operate. Thus violating copyright is not wrong. Thus, turning over someone's identifying information when they have violated copyright and will get in trouble for it is also wrong.

    I don't know if I really believe that (although I think copyright terms should be cut down to ten years or less, I'm not sure if I would really eradicate the concept entirely) but I think it's a worthwhile argument. Of course, it won't carry any weight in a court of law, but we're not in court.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  17. Everyone is missing the obvious by MindStalker · · Score: 2, Insightful

    Everyone seems to ignore the fact that he was releasing the episodes weeks before broadcast. Meaning he wasn't just breaking copyright, but trade secret and probably contract requirements as well.

  18. Re:Google by Xanius · · Score: 4, Insightful

    For me the thing isn't that he posted episodes of the simpsons, I think it was more related to posting episodes of 24 before the air date. Which is afaik illegal because it can be argued that the company literally lost money due to people not watching the episode at air time, causing a loss in commercial revenue.

  19. Re:Google by StalinsNotDead · · Score: 2, Insightful

    "Don't be evil" does not translate as "comply with the law".

    Amen! There's always alignments like chaotic good.

    --
    Thanks to the internet, we can now all die alone together! -SomeWoman
  20. Re:Google by MustardMan · · Score: 2, Insightful

    Morality is defined by law now? Man I guess the religious right has gotten their way after all. Here I thought morality was based on a sense of right or wrong, not what some jackass politician wrote down and got a bunch of other jackass politicians to vote on.

  21. Re:Choose your battles by tompaulco · · Score: 3, Insightful

    Well, I don't consider it "mugging" that some record company exec wants to charge me $20 for a CD. I don't feel entitled to have it for less than that. It may be worth less than that to me, but in that case, unless I can find it used for the price I am willing to pay, I just don't get the CD. I am not going to call the corporate execs "muggers" and go download it for free off of a P2P site. CDs are fairly cheap to produce and distribute, but when I look at software, I definitely believe that the fact that some people steal software raises the cost of said software for people like me who buy it legally. It is not the execs at software companies that are ripping me off, but people who decide they are entitled to the software, but do not wish to pay the price set by the company.
    In the U.S., we have the right to the pursuit of happiness. This means we can chase our dreams, it does not mean we are entitled to obtaining our dreams. We do not have a right to CDs or software at whatever price we decide. If you can't afford it, do without it. I can't afford a new car. That doesn't mean I should go steal one because no one will sell me a new car at the price I wish to pay. It means I have to do without or change what I am willing to pay.
    People who steal, be it software, CDs, cars, or personal possessions raise the cost of living for those of us who abide by the law. I have had bikes stolen out of my yard. Perhaps I should have chained them up, right? Well, that is an extra expense that I have to pay because other people choose not to obey the law or respect ownership rights. Perhaps I could not afford both a bike and a chain. Now, the criminal has a bike, and I have none because I can't afford to buy one and stealing someone else's would be illegal and morally wrong.
    One of the shopkeepers I do business with was murdered in his store for a few hundred dollars in cash. His family had to invest in video cameras, pay his hospital and funeral expenses, and will have to pay for their share of the incarceration of the guy who was, thankfully, caught.
    These are extreme examples, but they illustrate the point. People who choose to disobey the law, whether it be murder, or uploading copyrighted material, cause material damage to those of us who choose to obey the law.

    --
    If you are not allowed to question your government then the government has answered your question.
  22. Re:OT by McFadden · · Score: 4, Insightful

    Enlighten me?
    The first post had the phrase "There's no place like 127.0.0.1" in his signature sparking the usual slashdot tradition of debating anything except the actual featured article.
  23. They both made mistakes, I think. by Ben+Feldman · · Score: 2, Insightful

    That's a shame. So the guy posted some episodes of a TV show on YouTube--mind you from a TV station that doesn't require Cable to watch. C'mon News Corp-- it's not like you don't give away FOX for free anyway. If I didn't have Cable, I could watch FOX all I want without paying you a penny--so when this guy promotes your free-to-watch shows... meh. I could understand it if someone posted an episode from a station like HBO that requires Cable to watch. But it's not. That's horrible. As for Google... why in the world did you give them this guy's info? You took the videos down. You did what they wanted. I thought you weren't evil. Honestly, what ECOTotal did was not anything out of the ordinary. Just hope the guy doesn't get in any legal trouble.

  24. Re:Google by krotkruton · · Score: 2, Insightful

    Can we try not to pick apart speech so much and maybe give people a little benefit of the doubt? MightyYar seemed to be talking about whether the two crimes are equally "bad". Dave seemed to be making the point that regardless of which is worse, they are both against the law. Then you just took his wording as an opportunity to show that you know the definition of morality. I'm sorry, I just don't see how an inability to read between the lines makes you insightful. Seems to me that that's pretty much the opposite.

  25. Re:Google by Paradoks · · Score: 3, Insightful

    I, evidently among many others, interpreted "Copyright infringement and mugging share a common moral space in that they are both against the law." as a statement that roughly equates to, "Copyright infringement is wrong because it's against the law.".

    Sure, that point is dumb, but I'm not about to assume that the poster made the intelligent insight of "regardless of which is worse, they are both against the law"; if he had intended to make that point, he should have said that, or "Morality aside, it's still illegal.".

    Or, in other words, I reserve the right to take something the way the person said it.

    Especially when they haven't gotten around to apologizing for being unclear, and they've said something that I've heard before.

    All that said, of COURSE Google should turn him in; I'd rather have a neat service that uses fair use to the utmost than a neat service that gets shut down because it doesn't bother to follow court orders.

    And people should already know to expect to get sued when they touch something made by Fox.

  26. Re:Google by aonaran · · Score: 3, Insightful

    More to the point, if he had access to the episodes BEFORE they were aired, that means one of 2 things, a) he has an old Ku/C band satellite dish and just taped it (possible) or b) he or someone he knows physically stole something from FOX ...which in my opinion would be far more of an offense than mere copyright infringement.