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Viacom Sues Google Over YouTube for $1 Billion

Snowgen writes "Viacom has filed a $1,000,000,000.00 lawsuit for 'massive intentional copyright infringement' against Google over YouTube video clips. '"YouTube's strategy has been to avoid taking proactive steps to curtail the infringement on its site," Viacom said in a statement. "Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws.'"

508 comments

  1. Whew by Applekid · · Score: 5, Funny

    Good thing they pulled all those Viacom clips from Youtube last few months, otherwise they might have been sued for, like, a billion dollars!

    Oh, wait.

    --
    More Twoson than Cupertino
    1. Re:Whew by The+Webguy · · Score: 0, Offtopic

      Let the Games begin! How long before this becomes a class action?

      --
      - - - - - - - The Webguy - - - - - - -
    2. Re:Whew by Macthorpe · · Score: 1

      I was thinking about this.

      Isn't it traditional to actually ask them to take it down first, and if they do, then aren't they complying? Meaning Viacom might as well give the whole thing up before it starts?

      Reading the article it's not clear whether YouTube complied or not - Viacom requested 100,000 clips be taken down, but it doesn't say anywhere whether they actually did or not, and you can't just assume any longer given the nature of lawsuits at the moment...

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    3. Re:Whew by TheRecklessWanderer · · Score: 1

      We make money the old fashioned way. We sue.

      --
      Mean what you say...say what you mean.
    4. Re:Whew by Mooga · · Score: 1

      WOW, there are a LOT of Zeros in a Billion... But hey, Google probably has a Google...

      --
      ~ Mooga
    5. Re:Whew by siDDis · · Score: 5, Funny

      What is Viacom? I can't google it...

    6. Re:Whew by terrymr · · Score: 1

      Correct ... the legal theory is that youtube is simply hosting content for its users rather than being the publisher of the content itself, therefore the DMCA takedown procedures apply and google is protected from liability by the safe harbor provisions of the DMCA.

      I'm guessing Viacom might have simply demanded that youtube remove any clips containing their works from the system without specifying which files.

    7. Re:Whew by raitchison · · Score: 1

      I think Viacom is stating that YouTube should be pre-screening every video before allowing it to be accessed.

      It's interesting because Google is one of the few companies who would have the ability to litigate this in court to set a precedent, where most companies would be forced to settle and probably shut themselves down because the cost of litigation and risk of damages can be so high.

    8. Re:Whew by nullChris · · Score: 1

      Correction: Googol.

    9. Re:Whew by Anonymous Coward · · Score: 0
      What is Viacom? I can't google it...

      Check Wikipedia. Apparently Viacom are a bunch of corporate fatcats out to spoil everyone's fun, and their mother's dress them funny. The entry was just updated so it's current and I'm sure accurate.

    10. Re:Whew by LoverOfJoy · · Score: 1

      I don't know what viacom is but I think it has something to do with pirating movies. When I google Viacom I get a bunch of movie torrents.

  2. Yeah, big surprise by Anonymous Coward · · Score: 1, Insightful

    I mean, honestly. What was Google EXPECTING to happen when they bought Youtube?

    1. Re:Yeah, big surprise by Irish_Samurai · · Score: 5, Insightful
      They were expecting this EXACT thing to happen. Google wants to pick this fight. Let's look at the history.

      1. Google Hires a well, known lobbyist firm to represent them.
      2. Google Buys YouTube even though everyone under the sun knows that makes them a target for litigation.


      Why would they do it? Because this case will dictate and set precedent for the future of this business model. Google was already going in the direction of online video, but YouTube had a better userbase. Google couldn't afford to let YouTube to get sued into oblivion by some huge multinational media giant. It was in Google's best interest to buy the company and fight this fight with their resources instead of letting an underfunded (relatively) startup set the precedent.

      Now, can they pull it off?
    2. Re:Yeah, big surprise by Bobby+Mahoney · · Score: 5, Funny

      A cloaked sith lord sits in an ominous rotating chair aboard the google-star, as he reads the law suit: "Excellent, everything is going precisely as planned. Ready my ship commander."

      --
      !#&*
    3. Re:Yeah, big surprise by multipartmixed · · Score: 2, Funny

      Wow, I had never before considered that.

      You must be absolutely correct. It is the only explanation which fits the facts.

      Thanks.

      --

      Do daemons dream of electric sleep()?
    4. Re:Yeah, big surprise by PMuse · · Score: 1

      I think you meant:

      A cloaked Sith lord sits in an ominous, rotating chair aboard the google-star as he reads the law suit. "Excellent. Everything is going precisely as planned. Ready my ship, commander."

      ---
      A panda walks into a bar eats shoots and leaves.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    5. Re:Yeah, big surprise by recharged95 · · Score: 1
      If content is truly king, then Google cannot win this lawsuit.



      Regardless, Google still wins in the end. It's just they paid 2B's for an 'instance' userbase [possibly to switch to some new service, Google Video 2.0?] while undercutting the competition as they were first to market. It didn't look like a typical Microsoft buyout that competitiors can prepare for, so it was a smart/stealthy strategy...


      So they may lose a little value from their 2B buyout (the YouTube brand, the technology), but they [think they've] built that loyal base that would easily switch to a new service if the time does come.

    6. Re:Yeah, big surprise by rrkap · · Score: 1

      A cloaked sith lord sits in an ominous rotating chair aboard the google-star, as he reads the law suit: "Excellent, everything is going precisely as planned. Ready my ship commander."

      So much for that "do no evil" thingie...

      --
      I like my beverages with warning labels!
    7. Re:Yeah, big surprise by monkeydo · · Score: 1

      "Ominous" and "rotating" are not coordinate adjectives, so you do not need a comma between them. You wouldn't say, "Rotating, ominous chair," would you?

      There are many grammatically correct ways to punctuate your .sig, all of which have different meanings. You have not chosen any of them.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    8. Re:Yeah, big surprise by peipas · · Score: 1

      "Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws."

      Does Viacom really want to put copyright laws under scrutiny??? I'm all FOR this lawsuit! Game on!

    9. Re:Yeah, big surprise by Dr.+Spork · · Score: 1
      Agreed. Maybe I just have too much respect for Google, but it looks to me like they baited Viacom into this. Clearly, Google knows that the future of YouTube is up in the air as long as there isn't a clear precedent-setting case which basically outlines the duties that a website operator has to prevent illegal content from showing up. We knew there was going to be one. The question was only who would sue.

      Now we have our answer, and it's not the worst thing for Google, since they voluntarily removed Viacom content before the suit was filed. Also, the fact that the two companies were in negotiations can be used against Viacom, and the $1B that they're asking for is so arbitrary as to make it clear that they have no real idea how much YouTube damages them (or helps them). Google lawyers have a fighting chance, maybe. Of course, media companies own many politicians including presidents, who appoint judges, so the deck might be stacked against Google.

    10. Re:Yeah, big surprise by gfreeman · · Score: 1

      Was it this?

      --
      Ceci n'est pas un sig.
    11. Re:Yeah, big surprise by PMuse · · Score: 1

      A.
      "Ominous" and "rotating" are not coordinate adjectives, so you do not need a comma between them.
      Excellent! I learned something today. Thanks.

      B.
      There are many grammatically correct ways to punctuate your .sig, all of which have different meanings. You have not chosen any of them.
      That would be the point.

      C.
      This will teach me to stick to one subject at a time. The post was intended to share my humor at the difference between "ready my ship commander" and "ready my ship, commander." The post seems to have gotten side-tracked. I see now that it comes across as pedantic and lacking any sense of humor whatsoever. I, at least, hope not to be either of those things.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  3. Cue Dr. Evil Jokes by Anonymous Coward · · Score: 0

    "....oh I don't know ... maybe something on the order of one billion trillion gagillion dollars!"

  4. a BILLION? by Anonymous Coward · · Score: 0

    Is that some kind of record? Has anyone actually been sued for a billion dollars before?

    1. Re:a BILLION? by LiquidCoooled · · Score: 1

      Where have you been?

      SCO vs IBM: 5 billion.

      --
      liqbase :: faster than paper
    2. Re:a BILLION? by Radon360 · · Score: 1

      Hardly. The big tobacco companies have been sued for billions of dollars at a time. Some asbestos class action lawsuits have crossed that threshold, too.

    3. Re:a BILLION? by Anonymous Coward · · Score: 0
    4. Re:a BILLION? by alienmole · · Score: 1

      Well, Dr. Evil demanded it as a ransom (after some helpful advice from his henchpeople) -- does that count?

  5. Goodbye Fair Use by the_mushroom_king · · Score: 0

    Hello DRM

  6. I predicted this a while ago by MikeRT · · Score: 0, Redundant

    Six months ago, I said this was bound to happen to Google. Youtube's business model is simply too much like an ad-supported file sharing network. They don't do enough to censor and punish copyright infringers, and now a studio with the resources to sue Google is taking them on in court.

    1. Re:I predicted this a while ago by _PimpDaddy7_ · · Score: 1

      Right. Who's to say other companies won't follow Viacom? I'm sure other companies will be watching(no doubt on YouTube LOL) closely...

    2. Re:I predicted this a while ago by Anonymous Coward · · Score: 0

      Oh hot shit! You were the only one to predict this! How could you have such foresight?

      Can you send me the next lottery numbers please?

    3. Re:I predicted this a while ago by ivan256 · · Score: 1

      Wouldn't that be "YouTube LOL Beta"?

    4. Re:I predicted this a while ago by Kelbear · · Score: 4, Interesting

      Yeah, it seems like many other people shared this view when the news of Google buying Youtube came out.

      Youtube was popular but not really making any money.

      Google buys them, and Google has money.

      Now it's Youtube, but with money to sue them for. Google buying them just upped the risk factor considerably. Google has quite a few brainy folks on their side, I'm sure they saw the lawsuits coming. So I'm wondering, what's the plan they have in store for this contingency, because there's no way they would've gone into this without a plan...right?

      Please?

    5. Re:I predicted this a while ago by eln · · Score: 2, Interesting

      Viacom wants to license their content to Google to show on YouTube. Viacom tried to negotiate with Google to get this done, but felt that Google's response (whatever it was) was unsatisfactory. Now, Viacom is taking the next logical step.

      YouTube is going to take the same path as Napster did: it will be sued into oblivion (or maybe settle for however many hundreds of millions of dollars), and come back as a for-pay service, probably by showing clips of licensed shows for free (ad supported) and offering full episode downloads for a price.

    6. Re:I predicted this a while ago by sholden · · Score: 1, Insightful

      Wow you're the guru of predictions. You were only 2 weeks behind the often linked rant.

      Actually, did anyone not predict this?

      1. Website blatantly infringes copyright of big media companies, but company has no capital or profits
      2. Said company is bought by huge internet company.
      3. Website blatantly infringes copyright of big media companies, owner has huge amounts of capital stuffed under the couch
      4. ??? No one could predict what goes here ???

      It's like software patents, it's so patently (haha) obvious that most other people don't think it's worth mentioning.

    7. Re:I predicted this a while ago by MeanderingMind · · Score: 2, Insightful

      Except that Napstar wasn't run by Google.

      I'm not saying that Google is some paragon of virtue, but they have money and lawyers. Good lawyers, ones who can put up a fight. Chances are Viacom is hoping that Google will decide it's better to settle than to fight in court, because any such fight would likely be long and drawn out.

      --
      Thunderclone: ONE MAN ENTERS! TWO MEN LEAVE! ONE MAN ENTERS! TWO MEN LEAVE!
    8. Re:I predicted this a while ago by Maxo-Texas · · Score: 1

      Actually, I see it more as "now they have resources enough to be worth suing".

      If they had been sued before, their value would have dried up to nothing and Viacom would have won an empty husk (much like napster).

      Google has deep pockets.

      Wonder how much a controlling interest in Viacom costs?

      I mean heck- Microsoft did it when they lost to Stak.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    9. Re:I predicted this a while ago by jZnat · · Score: 1

      Fox already owns the trademark for using LOL in a televisual manner; expect your C&D letter in a couple days.

      — News Corp.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    10. Re:I predicted this a while ago by Anonymous Coward · · Score: 0

      Linkbait. You just copied http://www.blogmaverick.com/2006/10/07/some-though ts-on-youtube-and-google/

      Bloggers are so disgusting.

    11. Re:I predicted this a while ago by SighKoPath · · Score: 1

      YouTube is meant to be a video site of user-generated content. The problem is when the users upload copyrighted materials to the service. Google/YouTube itself isn't actually uploading these clips, they're just not "automatically" removing the copyrighted works. Until we have an AI capable of watching movies to tell if they are copyrighted (and one that knows enough about parody and other fair use cases), there will be no reliable way of doing this automatically.

    12. Re:I predicted this a while ago by squiggleslash · · Score: 4, Insightful

      The other difference is that I don't think anyone seriously believes that Napster's "library" was mostly original work, authorized (and uploaded) by the copyright holders, with the majority of Napster's users going to it for access to that type of content. Oh sure, some of it was, but the vast majority...

      YouTube, by comparison, seems to be mostly original work, created and posted by the copyright holders to those works, they publish. As a tool, it's clearly aimed at legitimate uses, and Viacom's one legitimate complaint might be (MIGHT be) that Google just didn't police it well enough.

      YouTube has much more chance of landing a Betamax-type verdict than Napster did. I'm not saying it's cut and dried, but I'd be surprised if they can't at least deflect the bulk of the liability to their (copyright infringing) users, which is arguably as it should be. $1 billion dollars? IANAL, but I just don't see it.

      --
      You are not alone. This is not normal. None of this is normal.
    13. Re:I predicted this a while ago by GuyverDH · · Score: 1

      This may have already been pointed out.

      It's NOT google that's putting this out there.

      It's individuals.

      Not much different from someone putting a post of chapters of a book in a forum somewhere.

      The content posted, and with that, the offense (if any is committed) is by the poster.

      --
      Who is general failure, and why is he reading my hard drive?
    14. Re:I predicted this a while ago by jfengel · · Score: 4, Funny

      I'm not saying that Google is some paragon of virtue, but they have money and lawyers.

      Now all they need is guns. It would be much more fun and would earn the Warren Zevon seal of approval.

    15. Re:I predicted this a while ago by tha_mink · · Score: 2, Interesting

      YouTube has much more chance of landing a Betamax-type verdict than Napster did. I'm not saying it's cut and dried, but I'd be surprised if they can't at least deflect the bulk of the liability to their (copyright infringing) users, which is arguably as it should be. $1 billion dollars? IANAL, but I just don't see it. I kind of agree with you. The same can be said for all the MySpace lawsuits out there. It's really a question of how courts will view the newish paradigm of websites being merely conduits for user behavior and simply trying to monetize the traffic. Maybe that's oversimplified though. I suppose if there was a magazine that printed reader submitted stories and happened to print excerpts of Moby Dick, the magazine publisher would probably be liable.
      --
      You'll have that sometimes...
    16. Re:I predicted this a while ago by fermion · · Score: 1
      From what we have seen, these are not licensing deals. These are sales of the catalogs for specific use. For an example that has nothing to do with this case, the Beatles catalog is worth north of billion dollars, and I suspect that any deal to sell the music in digital form, even with DRM, will require a significant fraction of the price up front. After all, once the music is out there, how are they going to be able to sell the same song for the thousandth time?

      I would assume the terms Google was offered was the same. Buy the catalog for the right to private viewing, or no sale. This is certainly the right of the content owner, but just like the MTV attacks by the music labels, quite counter productive. The safeguards are now in place, and the one minute clips are free advertising for the network. In any case, this case will move forward, the laws will be clarified, and google will end up paying extraordinary amounts of money in legals fees and fines, which is, I believe, as it should be. These fines will keep the buggy whip company that is Viacom in coke and booze and girls for a number of years, if, of course, they can survive long enough to reap the payoff. Ultimately, since most of the assets are in very old media, and it has few modern blockbusters, Viacom is going to be hit quite hard when the market for dead stock media is no longer viable.

      (And yes, we should be aware of the irony of a company suing for copyright abuse when in fact it profits from the same. But such is much to commonplace for it to ironic.)

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    17. Re:I predicted this a while ago by Lloyd_Bryant · · Score: 1

      I'm not saying that Google is some paragon of virtue, but they have money and lawyers. Now all they need is guns. It would be much more fun and would earn the Warren Zevon seal of approval. Heck with that - just send in Roland the Headless Thompson gunner.

      (For those going WTF?, that's another Warren Zevon song).
      --
      Don't tell me to get a life. I had one once. It sucked.
    18. Re:I predicted this a while ago by daeg · · Score: 2, Informative

      You're delusional if you think YouTube's primary source of videos is user-created content. Go look at the top list. How many of them are Anime dubs?

    19. Re:I predicted this a while ago by Anonymous Coward · · Score: 0

      Actually, Moby Dick is in the public domain , but I get what you mean.

    20. Re:I predicted this a while ago by *weasel · · Score: 2, Insightful

      YouTube, by comparison, seems to be mostly original work, created and posted by the copyright holders to those works

      You've never been to youtube, have you?
      --
      // "Can't clowns and pirates just -try- to get along?"
    21. Re:I predicted this a while ago by Dutch+Gun · · Score: 1

      I'm not saying that Google is some paragon of virtue, but they have money and lawyers. Good lawyers, ones who can put up a fight. They've also got something that Napster never had - public goodwill. Google has been well-established among users of any tech as the ones who "organized the internet". As providers of a very valuable, free service, and as a bright up and coming company, I think Viacom will have a tough sell convincing a jury to punish Google to that extent. Being a young company, Google's "don't be evil" motto hasn't been tainted too badly yet (despite a few minor missteps).

      I have to admit, I'm not a Google fan-boy. I love their search engine, but I'd never trust them to hold all my e-mail and documents on their servers any more than I would Sony, Microsoft, Sun, or any large corporation. Even so, my sympathies tend to side with them, because of the ridiculous sniping of "copyright infringement" and crap they have to put up with in the name of providing a valuable public service.
      --
      Irony: Agile development has too much intertia to be abandoned now.
    22. Re:I predicted this a while ago by hazem · · Score: 1

      YouTube, by comparison, seems to be mostly original work, created and posted by the copyright holders to those works, they publish. As a tool, it's clearly aimed at legitimate uses, and Viacom's one legitimate complaint might be (MIGHT be) that Google just didn't police it well enough.

      The problem is that while there's a lot of original stuff on there, a lot of that original work uses bits of other people's work as well.

      As an example, take this little video that showed up in my inbox about a slug-bug like game called Prius Punch http://www.youtube.com/watch?v=t4R99pAnKWI.

      For one, it uses the name Prius, which is definitely trade-marked. And it has little bits of well-known songs. Is it a derivative work that needs copyright release for those songs? Or are the segments short enough that they're covered under fair use? Can it use the name Prius in the game it's talking about?

      It's pretty typical of stuff on youtube. Is it legal? And if not, is there enough entirely legal/original content that YouTube can survive?

      IANAL, so I have no idea on the legal questions. And IANA-Market Analyst, so I can't help with that either...

    23. Re:I predicted this a while ago by kisrael · · Score: 1

      Actually, I share his perception.

      i think there's a giant split in the Youtube community... maybe a three way split:
      * people who use it to document interesting things they do, and the people who go to see them do it (the boingboing crowd)
      * people who do blatantly attenntion whoring stuff (the myspace crowd; obviously the difference between these 2 can be a matter of opinion)
      * people who use it for copyrighted stuff like anime dubs and tv shows

      It all depends on where you find your links into youtube I guess...

      --
      SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
    24. Re:I predicted this a while ago by dank+zappingly · · Score: 1

      I don't know why you're watching on Youtube, but most of the stuff I watch is almost certainly copyrighted. I can get entire instructional videos for guitar that cost like 50 bucks to buy on dvd, or watch old music videos. I understand that some copyright holders allow their stuff to be placed on Youtube, but I'm assuming that most of them are not. Even the video of the lady punching the other lady in the face that I really like has a version where it is mixed with a Franz Ferdinand song. Any time there is a copyrighted song playing it is a violation. I think it is even a violation if an artist is covering the song because a friend of mine recently had his a Prince cover he did taken down.

    25. Re:I predicted this a while ago by timeOday · · Score: 1
      I don't know, why don't you tell us how many?

      When I visit, most of the links on the home page are not commercial content, they're more like home movies. I have no interest in the commercial content of youtube; if I wanted that, I would flip channels on TV. But what worries me more is that most of the videos do have background music which is likely copyright infringement.

    26. Re:I predicted this a while ago by squiggleslash · · Score: 1

      Is the "top list" even remotely relevant to the question? The question is not whether some copyright violations are more popular than the authorized content on YouTube, but whether the vast majority of videos are legitimate.

      I'm prepared to accept a higher proportion of its viewers watch the copyright violations than would match the ratio of violations to legitimate content (that is, if 5% of YouTube's total video content violates copyright law, I can imagine that 20% of the average YouTube user's time is spent watching that content), but I doubt still that the vast majority of minutes spent watching it are used to view unauthorized content, and almost every search term I've ever used on YouTube has brought up far more authorized videos than (obvious) copyright infringements.

      --
      You are not alone. This is not normal. None of this is normal.
    27. Re:I predicted this a while ago by bkr1_2k · · Score: 1

      I was just about to ask about that specific scenario. What would be the liability of someone posting a reading from a book. You know, a "book on tape" that was unauthorized. In theory, it could be considered a "performance" and offered for free with no liability to the copyright holder (I think) as long as it was distinguished from "authorized" readings.

      --
      "Growing old is inevitable; growing up is optional."
    28. Re:I predicted this a while ago by coredog64 · · Score: 1

      Don't mess with Warren Zevon: He'll rip your lungs out.

    29. Re:I predicted this a while ago by kocsonya · · Score: 1

      ... while listening to the air conditioner humming.

    30. Re:I predicted this a while ago by Lloyd_Bryant · · Score: 1

      Don't mess with Warren Zevon: He'll rip your lungs out Yes, he is an excitable boy.

      BTW: I find you post a tad bit ironic, since Warren died of lung cancer...
      --
      Don't tell me to get a life. I had one once. It sucked.
    31. Re:I predicted this a while ago by jibjibjib · · Score: 1

      Speaking of blatant attention whoring: http://youtube.com/watch?v=F-YzHAmKlOo

  7. Great! by growse · · Score: 3, Insightful

    Either:

    They'll settle, and millions of companies will line up to sue Google.

    or....

    Google will do an IBM/SCO on their ass and bankrupt them.

    Place your bets!

    --
    There is nothing interesting going on at my blog
    1. Re:Great! by Anonymous Coward · · Score: 1, Funny

      I bet... Yogurt!

    2. Re:Great! by taskforce · · Score: 4, Interesting

      Google may be rich, but they are nowhere near big enough to bankrupt Viacom. Viacom has a revenue of over $9.6 Billion USD, whilst Google has $10.6 Billion (according to Wikipedia), but this isn't the case of a smaller firm trying to sue a giant. If anything, Viacom, as a conglomerate, will probably have greater cash reserve and certainly has more assets which can be sold off in the event of it needing more cash.

      --
      My 3D Texturing Skinning work (under construction)
    3. Re:Great! by loid_void · · Score: 1

      Actually, You Tube's business model is based on un-copyrighted material. Viacom has more to loose in the long run than a measly billion dollars as they don't understand the advertising model of the future: ie, they get free advertising. The other networks have figured this out and have joined the party. I place my bet on You Tube.

      --
      Anyone seen my jagged little pill?
    4. Re:Great! by Otter+Escaping+North · · Score: 5, Insightful

      Either:
      They'll settle, and millions of companies will line up to sue Google.
      or....
      Google will do an IBM/SCO on their ass and bankrupt them.

      Missing option. ;>

      This is a negotiation tactic being used to drive licensing talks that are going on behind the scene. My money's on that one.

      --
      Running Windows^H^H^H^H^H^H^H OSX and Linux in the home. (I don't have time for Solitaire any more.)
    5. Re:Great! by Threni · · Score: 1

      3) They'll settle out of court, and it won't affect other companies.

    6. Re:Great! by networkBoy · · Score: 1

      You've got my vote.
      That or acquisition talks, but I think licensing is more likely (though it could lead to acquisition in the future, it often does when the licenses are wholesale like this).
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    7. Re:Great! by drooling-dog · · Score: 4, Insightful

      Viacom, like other media companies, is mostly worried about two things: (1) losing control of the distribution of their product, and (2) losing control of distribution, period. The first concern is legitimate, but can easily be remedied by Google simply by not allowing Viacom's property to be posted to the site. The second concern has more to do with the fear of the rise of competitive distribution channels, and that exists even if these channels don't deal in copyrighted material. There is a finite pie of ear- and eyeball-hours out there, and if 30% of them are ever drawn to Creative Commons type stuff, that's 30% that isn't paying Viacom.

    8. Re:Great! by loid_void · · Score: 1
      "that's 30% that isn't paying Viacom"



      I love the sound of that.

      --
      Anyone seen my jagged little pill?
    9. Re:Great! by zotz · · Score: 1

      "There is a finite pie of ear- and eyeball-hours out there, and if 30% of them are ever drawn to Creative Commons type stuff, that's 30% that isn't paying Viacom."

      Ding! Ding! Ding! Ding! Winner! We have a winner!

      You are so right with this remark. And it goes even deeper...

      all the best,

      drew

      http://www.youtube.com/watch?v=834CMndtLqA

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    10. Re:Great! by emor8t · · Score: 1

      Them having 10.6 Billion is actually quite astounding, considering most people don't know where the money comes from..

    11. Re:Great! by aeryn_sunn · · Score: 2, Insightful

      Bankrupt them how? Viacom v. Google is about copyright infringement not patent and does not involve the complicated relationship between IBM, SCO, and a multitude of programmers and contracts...and not too mention linux code (or computer code for this and that), etc.

      If anything, a copyright case is far simplier than a patent as there is no question that Viacom owns the copyrights in question as opposed to a patent case where there is claim construction and questions of patent validity, which itself involves loads, and loads of discovery and expensive expert witnesses.

      This is not to say that the Viacom case will be very easy, it is just the issues and logistics involved are not the same as the IBM/SCO.

    12. Re:Great! by tapehands · · Score: 1

      I agree. It's like a poker bluff. Viacom wants to make Google fold, just so they can have their way...because if Google takes Viacom up on this, and loses, Viacom is going to get a nice amount of prize money, along with legal precedent to protect their media.

      Just making a deal for distribution rights is technically the "sane" choice in all of this...although, I'm assuming that the licensing fees are about as sane as what they want to turn Internet Radio licensing in to....

    13. Re:Great! by Dan+East · · Score: 2, Funny

      Wikipedia, eh? There. Now Google has an extra $100 Billion revenue to work with.

      Dan East

      --
      Better known as 318230.
    14. Re:Great! by TubeSteak · · Score: 1

      This is not to say that the Viacom case will be very easy, it is just the issues and logistics involved are not the same as the IBM/SCO.
      IMO, the Viacom case is very straight forward.
      Either Youtube is encouraging copyright infringement or it wasn't.
      AFAIK, everything hinges on Youtube's intent (or lack of it).

      I can't believe nobody has quoted this zinger from TFA:
      Viacom said YouTube has avoided taking the initiative to curtail copyright infringement on its site, instead shifting the burden and costs of monitoring the video-sharing site for unauthorized clips onto the "victims of its infringement."


      Someone in PR must have put that into the press release, because Youtube has no legal obligation for "taking the initiative to curtail copyright." The law forces the copyright holder to play whack-a-mole with the infringers.
      --
      [Fuck Beta]
      o0t!
    15. Re:Great! by Achromatic1978 · · Score: 1
      You might want to tell Napster's lawyers. Or Kazaa's. Because that argument didn't work for them.

      Yes, you don't have to necessarily be the one out there curtailing copyright infringement. But when you constantly publish "top 10 lists" of all your videos, (if I look at "this week", 16 out of the top 20 are blatantly and obviously infringing copyright), you are reckoned to have some inherent awareness of the illegality of content that you're publishing.

      What next, is it legal to knowingly run a crack den /until/ the community/police try to shut it down? (Yes, inflammatory.)

      Youtube is ultimately no better than Napster/Kazaa. For every mention of "don't break copyright law", there's dozens of encouragements / incitements on each page that if you do, nothing bad will happen.

    16. Re:Great! by pipatron · · Score: 1

      There's no simple way for anyone else than the copyright holder to know who owns the copyright for a video, unless it's explicitly stated in the video. Most of the time, this text is removed from the YouTube videos, so unless you happen to know exactly who to contact to see if for example a certain episode of the simpsons is still covered by copyrights, you can't do anything other than blocking all contents from the page. It doesn't even help if they prescreen the material. How can they possibly know if a Swedish clip I upload is covered by copyrights and are illegal to spread? Who should they contact to check?

      --
      c++; /* this makes c bigger but returns the old value */
    17. Re:Great! by TheGreatHegemon · · Score: 1

      The thing is, Google has A LOT to gain from taking this to court. Basically, Viacom is claiming Google isn't doing enough to stop piracy with their current policy. If the courts rule in Google's favor, then it means Google doesn't have to do ANYTHING more to prevent piracy than to take it down when requested. The precedent would be set, and stuff would go on as is.

    18. Re:Great! by Anonymous Coward · · Score: 0

      Yes, Viacom will sell some of its assests. but who will buy them? most likely Google. lol

    19. Re:Great! by Anonymous Coward · · Score: 0

      I remember this theory... It worked out great for Napster.

    20. Re:Great! by ScrewMaster · · Score: 1

      IMO, the Viacom case is very straight forward.

      In MY opinion, no case between multi-billion-dollar corporate giants with diametrically-opposed agendas is ever "straightforward". This will either be settled out of court, or it will become an ugly complicated mess that only a Darl McBride could ever fully appreciate.

      --
      The higher the technology, the sharper that two-edged sword.
    21. Re:Great! by bh_doc · · Score: 1

      Ear and eyeball pie... Mmmmm....

  8. Pfft, meaningless from the start... by mixonic · · Score: 2, Funny

    1 Billion bucks? Could you _please_ pick a number that is at least related to what you're suing over?

  9. Austin Powers by omega9 · · Score: 5, Funny

    Why ask for one BILLION dollars, when you can ask for ONE MILLION DOLLARS?!?! MUHAHAHAHAhahahaha...ha..aha..*ahem*.

    --
    I'm against picketing, but I don't know how to show it.
    1. Re:Austin Powers by icedivr · · Score: 1

      Because a BILLION is the new MILLION!

    2. Re:Austin Powers by gEvil+(beta) · · Score: 1

      Google should just be grateful that they weren't sued in Britain...

      --
      This guy's the limit!
    3. Re:Austin Powers by stirbu · · Score: 1

      A brazillion ought to be enough for everyone

      --
      :wq
    4. Re:Austin Powers by RealGrouchy · · Score: 1
      I don't think TFAS made it clear enough how big this amount of money is. FTAS:

      $1,000,000,000.00


      What this really represents is $1,000,000,000.0000000000000000000000!

      That's just frickin' huge!

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
  10. Why stop there? by Hoi+Polloi · · Score: 5, Funny

    They should go for a zillion-gabillion dollars!

    Lawsuits should always be based on nice round numbers, not actual proven damages.

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    1. Re:Why stop there? by monkeydo · · Score: 1

      I doubt they are suing for a nice round number, and I'm sure whatever number it is, they have a basis for it. The press release simply says, "More than a billion dollars." Because press releases need to use round numbers. And whatever they are actually awarded if they win won't necessarily be based on what's alleged in the complaint, it will be based on whatever damages the jury or court finds they are entitled to.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    2. Re:Why stop there? by uberjoe · · Score: 1

      Why not sue them for a googol dollars? Seems more fitting.

      --

      The days of the digital watch are numbered.

    3. Re:Why stop there? by reverseengineer · · Score: 1
      If I were Viacom, I would have just gone ahead and sued Google for one googol (10^100) dollars.

      That's right, $10,000,000,000,000,000,000,000,000,000,000,000,00 0,000,000,000,000,000,000,000,000,000,000,000,000, 000,000,000,000,000,000,000,000,000.00, plus court costs, of course.

      In addition to making for enjoyable press coverage of the case ("Viacom Demands Googol From Google: No Comment From Google's Googleplex"), this would achieve several milestones in the world of copyright law, such as being the first lawsuit for more money than exists on earth. And the first lawsuit for more money than exist electrons in the the universe, for that matter.

      --
      "FDA staff reviewers expressed concern about the number of patients who were left out of the study because they died."
    4. Re:Why stop there? by Saberwind · · Score: 1

      Why not 1 googol dollars?

  11. Timing by Anonymous Coward · · Score: 0

    Why didn't they sue before Google bought YouTube? These money hungry companies needs to be put down for good!

    1. Re:Timing by shadow349 · · Score: 1

      These money hungry companies needs to be put down for good!

      Hear, hear!

      It's good to see that someone is finally stepping up and giving the Old Yeller treatment to Google.

    2. Re:Timing by eln · · Score: 1

      As Steve Dallas would say: never sue poor people.

      Why sue YouTube when they had no money to collect? Sue them after they get acquired by a company that you know has lots and lots of cash, so you might actually have a chance of collecting a judgment.

    3. Re:Timing by ObiWanKenblowme · · Score: 1

      Because it's my understanding that if Google can demonstrate that the plaintiff knew of the infringement but were just waiting around for someone with deeper pockets to buy YouTube before suing, that really hurts Viacom's case. If you're infringing on my copyrighted material, I can't sit quietly for 2 years until you hit it big and then claim 2 years worth of damages. Then again, IANAL, so take this with a grain of salt.

      --
      Obvious exits are NORTH, SOUTH, and DENNIS.
    4. Re:Timing by Christoph · · Score: 1

      That's a logical argument, but copyright law (in the US) has strict liability -- if you infringed, you infringed. Although there is an allowance for "innocent infringement" (you genuinely didn't know you were infringing), that affects the amount of damages...but not the fact you infringed.

      So if you told someone in 2005 they were infringing, and they continued anyway, and you waited to sue until 2007, you take away their ability to reduce the damages by claiming innocent infringement.

      I believe copyright infringement, in this regard, is comparable to the theft of physical property -- if someone is stealing gold bars from your garage for many years, and you overlooked it for years before you sued, they still owe you for everything they stole. If you believe there is a different legal standard, I would be interested in your source. I'm the Plaintiff in a copyright case over a photograph of mine right now.

    5. Re:Timing by ObiWanKenblowme · · Score: 1

      I agree that if you have a case of someone infringing your copyrights, you still have a case whether you sue immediately or not. It was my understanding (and I've long forgot the source) that just as there's a provision for "innocent infringement", there are provisions against holding off on bringing a suit just so you can claim higher damages. I'm sure your attorney will give you much better (and accurate) advice than I could though. :)

      --
      Obvious exits are NORTH, SOUTH, and DENNIS.
  12. Insert Dr. Evil Quote Here by SatireWolf · · Score: 1

    If it wasn't for the fact that Viacom think's that Google actually HAS 1 BILLLIOOONNNNN.... dollars to spare, they wouldn't be threatening them with the FRIEGEN LASER MAN! Ok, so they're just 100 times more EVIL than Dr. Evil.

    1. Re:Insert Dr. Evil Quote Here by SatireWolf · · Score: 1

      Darn, someone got there first!

    2. Re:Insert Dr. Evil Quote Here by twitchingbug · · Score: 1

      Actaully they do have a billion to spare...

      http://finance.google.com/finance?fstype=bi&cid=69 4653

      I'm not an expert reading balance sheets, but under Cash & Equivalents - 3.5 billion dollars. Maybe Equivalents mean something else.

    3. Re:Insert Dr. Evil Quote Here by superwiz · · Score: 1

      Next: Warner Brothers sues Viacom for stealing the copyrighted "ONE BILLION DOLLARS" line.

      --
      Any guest worker system is indistinguishable from indentured servitude.
  13. All new... by Jerry+Coffin · · Score: 2, Insightful

    It's truly amazing how the fact that YouTube is now owned by a company with billions of dollars suddenly means that all the content is pirated. Apparently, before Google bought them, not a single clip was even slightly shady, but ever since they started to represent billions of dollars, every clip that's ever been shown is worthy of at least one lawsuit!

    --
    The universe is a figment of its own imagination.
    1. Re:All new... by _PimpDaddy7_ · · Score: 1

      Maybe the media companies were WAITING for YouTube to be bought by someone with $$$ so they could eventually sue?

    2. Re:All new... by mgblst · · Score: 3, Insightful

      Wow, you should really change your argument to Mr Really Extreme guy. You sure have a way of presenting arguments in a balanced light, by present both cases in the most extreme possible. "So you either hate all children, and want them all tortured to death, or you love them and want the best for them, which is it?"

      not a single clip was even slightly shady
       
      Besides in your inane ramblings, where have you ever seen this before. Media companies have always wanted clips they consider their propery removed from youtube, and made a number of requests to do so, long before Youtube was bought by Google.

      every clip that's ever been shown is worthy of at least one lawsuit!
       
      And once again, who has ever said this? Nobody. Viacom want to be compensated for there clips making youtube money, which is what they do. Every clip shown makes google money.

      This is a law suit that has been spoiling to happen for a while now, and I think both concerned parties have prepared for this.

    3. Re:All new... by paazin · · Score: 1

      Media companies have always wanted clips they consider their propery removed from youtube... Funny how they sometimes conveniently forget to petition about having them removed, when they take advantage of the "viral" nature of youtube, those same clips boosting the ratings of their actual shows

    4. Re:All new... by mgblst · · Score: 1

      Media companies have always wanted clips they consider their propery removed from youtube... Funny how they sometimes conveniently forget to petition about having them removed, when they take advantage of the "viral" nature of youtube, those same clips boosting the ratings of their actual shows
       
      How do you know this? All you know is what is reported in the media. Viacom and google both admit to having discussions about this issue? I suppose everybody should make there decision within one second, or else they are "forgetting" about it. Are they allowed anytime to make their decision, to weigh up the options, to get legal and technical advice?

  14. Chuckle by Billosaur · · Score: 2, Interesting

    From the article:

    In a statement, Viacom lashed out at YouTube's business practices, saying it has "built a lucrative business out of exploiting the devotion of fans to others' creative works in order to enrich itself and its corporate parent Google."

    Isn't that what Viacom does for a living? It isn't people at Viacom writing and producing all this content -- it's the hard-working staffs of these shows, coming up with ideas, generating scripts, acting them out, putting them on tape/film. Viacom just sits there, puts them in the marketplace, and rakes in the advertising money.

    --
    GetOuttaMySpace - The Anti-Social Network
    1. Re:Chuckle by growse · · Score: 4, Insightful

      Not wanting to defent Viacom, but I'm sure they'll be fairly keen to point out that they actually pay their staff...

      --
      There is nothing interesting going on at my blog
    2. Re:Chuckle by conradov · · Score: 2, Insightful

      I didn't know YouTube was a lucrative business!

      --
      MeTheGeek
    3. Re:Chuckle by GiovanniZero · · Score: 1
      Whereas YouTube sits around producing content all day and gives all their ad money to the users!

      errr...wait...but then again they're also not suing anyone.

      --
      Mod me up, mod me down, do your worst you modding clown.
    4. Re:Chuckle by Anomolous+Cowturd · · Score: 1

      Free unlimited hosting for video content is more than enough compensation... let's not pretend gootube gives nothing back.

      --
      Software patents delenda est.
    5. Re:Chuckle by svendsen · · Score: 1

      it's not free, they are ads. And ads make me not watch live TV anymore. DVR + skip = good times.

    6. Re:Chuckle by Dachannien · · Score: 3, Insightful

      I'm sure nobody at Google works for free either. But Viacom wants Google to do its dirty work for free: examining video clips, digging up the relevant copyright information, contacting the owner of the copyright to determine whether it should be posted to YouTube or not, and removing the offending clips.

      Remember that while each media corporation is under the misguided assumption that they are the only folks who own the copyright on content, in truth, there are lots of clips on Google/YouTube that the copyright owner has posted legitimately, and many more clips where the copyright owner is unknown or cannot be located. Viacom wants to shift the burden of filling out DMCA takedown requests to Google, despite the fact that Congress (miraculously) realized that a hosting provider should not be responsible for vetting every piece of content that a user posts to their service.

      Viacom is in a far better position to take care of everything that comes before the deletion of actual infringing content. They are aware of what material they own the copyright to, they already know who owns the copyright on that material, and they already know that they don't want it on YouTube. They also have a legal remedy - a DMCA takedown notice - for having such material removed.

      If Google has to vet all of its content to make sure that Viacom doesn't hold the copyright, then they can't just stop with Viacom's content. They can't even stop with every ??AA member company's content. No, they have to establish the wishes of the copyright owner for every single piece of material on their site. And if Google loses, then every website that provides hosting space and shows advertising alongside it - Angelfire? Geocities? - has to do the same thing.

      That's why the DMCA requires takedown notices, that's why it absolves hosting providers of responsibility for vetting material that their users post to their services, and that's why Google is in the clear and Viacom will be ponying up their legal fees in a few years' time.

    7. Re:Chuckle by Anonymous Coward · · Score: 0

      Huh? I create a genius article (unlikely) and I have to check google every few minutes to ensure they're not ripping me off?

    8. Re:Chuckle by fbartho · · Score: 1

      If somebody does, it's not anyone else's job to verify that for you. If you care, then you can enforce the laws. If you don't care that someone does that, as copyright holder, its your right to leave it in the public domain. [or otherwise to pursue your legal remedies]

      IANAL

      --
      Gravity Sucks
    9. Re:Chuckle by catprog · · Score: 1

      Yes. The other option is every other person who has a website will have to check to see who own the copywrite for what they post.

      --
      My Transformation Website
      Kindle Books http://www.catprog.org/rev
      Interactive CYOA http://www.catprog.org/st
    10. Re:Chuckle by hesaigo999ca · · Score: 1

      I think that with todays technology for implanting watermarks in both animation, pictures
      and anything else worth its weight in gold, we could actually just develop a software that
      page ranks based on the watermark and anything found with a watermark from the offended party would be automatically removed end of story, and does not cost more to maintain operations.

  15. My bet by Lord+Lemur · · Score: 1

    I bet Viacom will be aquired. Google made a comment awhile back about making in house content. This would solve that problem and save some lawyer fees, oh an a Billion Dollars.

  16. looks good on them! by boxlight · · Score: 3, Insightful
    I'll probably get modded down for this, but I don't think it's right that Google is allowed to generate all that eyeball-driven advertising revenue by broadcasting other people's copyrighted video content.

    I like free video as much as the next guy, but people *own* this stuff. And Google does not.

    The billion dollar lawsuit looks good on them.

    1. Re:looks good on them! by Beer_Smurf · · Score: 1, Interesting

      I don't think it's fair that Viacom programming gets all the free advertising on YouTube's bandwidth.

    2. Re:looks good on them! by CastrTroy · · Score: 2, Insightful

      Although I think 1 Billion is a little steep, I think you are right. I don't think that a TV network would last 2 minutes if they just decided to play content that they hadn't paid for. I don't see why Google should be treated any differently. Just because they're on the internet, doesn't give them the right to just broadcast whatever they want.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    3. Re:looks good on them! by cryfreedomlove · · Score: 1

      I agree completely. Lovers of free video have options. I'd like to see more of them produce their own content that is slick enough to generate huge demand for that video and then release it for free on YouTube.

      That is more compelling than sitting in their parent's basement and whining for free access to the content Viacom has created.

    4. Re:looks good on them! by technomancerX · · Score: 1

      Ok given that Google does not post the content, and that they have removed copyrighted content when requested to by the copyright holder, they have been in compliance with copyright law. This is nothing but a profiteering attempt by Viacom. Now if Google had told Viacom to go screw themselves when Viacom requested they remove copyrighted content it would be a different story.

      I guess I'm in a minority that believes this lawsuit is assinine and hope Viacom loses.

      --
      .technomancer
    5. Re:looks good on them! by drooling-dog · · Score: 5, Insightful

      You're right, of course, but sites like YouTube are a huge threat to the Big Media cartel regardless of whether they traffic in copyrighted material. A major barrier to entry in that industry is access to distribution channels: theaters, television and radio airtime, etc. It's like supermarket shelf space. That's why indy musicians and film producers have had such a hard time winning eyeballs regardless of the quality of their stuff. YouTube and sites like it bypass the gatekeepers and short-circuit the whole system; now just about anyone can reach the mass public if their creations catch a wave. Just as in the music industry, that scares the bejesus out of companies like Viacom because it strikes at the core of their business model.

      It wouldn't surprise me a bit if Viacom indirectly had people posting copyrighted material to YouTube as fast as Google can take it down. They need to attack the channel regardless, and to do that successfully they need a copyright case.

    6. Re:looks good on them! by Fallus+Shempus · · Score: 1
    7. Re:looks good on them! by jstomel · · Score: 1

      Well, yes. That's true. But it's not like google is the one putting this stuff up there. Google is no more responsable for what other people do than the owner of a circle K is responsible for the gangs that deal drugs in his parking lot.

    8. Re:looks good on them! by kestasjk · · Score: 1

      If some random person spray-paints a few lines of MS source code on a Googleplex wall, MS can't demand the wall be bulldozed.
      They can ask Google to paint over the graffiti, but they understand that it's not Google that's broadcasting it; it's someone putting the copyrighted material onto Google property (against Google's terms of service).

      --
      // MD_Update(&m,buf,j);
    9. Re:looks good on them! by CastrTroy · · Score: 1

      That didn't stop Napster et al from being sued. If they don't take actions to ensure that copyrighted material isn't uploaded, then they can be sued for negligence. This is a civil suit. Therefore, they only have to show that Google is negligent.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    10. Re:looks good on them! by redog · · Score: 1

      I don't believe broadcasts are owned. If I create the phrase "fuck all" and claim ownership of it then that ownership is forfeited when I broadcast it. You see to own a thing requires it be one instance of the thing. As soon as an instance of that thing is broadcast it becomes impossible for me to own it. Ownership is directly related to possession. Broadcasting owned content disavows possessorship.Thank Disney for the ambiguities. To broadcast is to give as to own is to what? Viacom doesn't have it Google does. And you know what /they/ say about it!

    11. Re:looks good on them! by bjdevil66 · · Score: 1

      Viacom is like the dick who lived down the street who owned an Atari 2600 and every game out (when the 2600 was really popular). However, he didn't ever want to play it, and nobody else could play it because it he didn't want to at the time (or we could come over and watch him play it for a few minutes, and then he'd say, "I'm tired of this - let's go"). Viacom isn't going to get much sympathy from the public acting like that dick did... On a more serious level - IMO, YouTube exposes some serious holes in 1) the distribution system and 2) the validity of the ownership (public domain) of really old content of companies like Viacom. In my case, I download really old Sesame Street videos to save them because 1) I want my kids to see them, 2) I save them for nostalgia's sake, and 3) Viacom (or whomever is the direct SS content owner) provides no other method of obtaining the material. If Viacom wants to shut down this archive of their own material, they are hurting themselves as much as they're helping themselves. It's the old Napster argument - it's free marketing... They need to provide a real alternative. There is a market there...

    12. Re:looks good on them! by jafac · · Score: 1

      You're right; that Google should not be allowed to generate ad revenue based on copying others' content.

      However, the fair use provision of copyright law stipulates that there are non-infringing uses of copyrighted works. And one of those non-infringing use definitions includes using only a small portion of a work. In every case where I've seen a YouTube video that was off of TV some where, it's been a short 1 to 5 minute clip. I've never seen an entire program copied wholesale.

      Right or wrong, YouTube falls squarely into "fair use" territory.

      Fair Use is anyone's right.

      Viacom has no right to abridge that.

      Google is not hosting entire shows, or even significant portions of entire shows, so Viacom should fuck off.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    13. Re:looks good on them! by Furry+Ice · · Score: 2, Interesting

      It would surprise me very much if Viacom was paying people to post their content to Youtube, simply because they don't need to. Everyone is doing it for them.

      As much as it's wonderful that indie directors and artists now have a distribution channel, people still wish to watch things that they like. And oftentimes what they like has had its copyright assigned to a large corporation. I would never personally post an episode of Aqua Teen Hunger Force to Youtube, but I *would* watch one that someone else had posted. Maybe the copyright owners themselves are posting these files, but I doubt it. The users have learned that they can post things faster than the operators can remove them, so they do it.

      The obvious solution is to not allow others to view videos until they have been reviewed and approved, but I can also see why Youtube wants to avoid doing that. It's too much work, and it might not always be obvious what is copyrighted and what is not. It's easier to let someone else inform you about violations and remove them when you see them, but it's not clear if that practice is going to be defensible in court. I'd sure hate to see services like Youtube and Google Video disappear entirely, but they are probably going to have to change a bit. I just hope the copyright giants don't destroy the spirit of the sites.

    14. Re:looks good on them! by Oligonicella · · Score: 1

      I find it interesting the whenever someone touts the free distribution schema, they tout that there are untold channels to get the free stuff and that's threatening the "Big Distribution" companies. Then, when there's clearly a breach of copyright law, those same people turn around and claim that "BD" is squelching distribution of indies.

      Which is it?


      "It wouldn't surprise me a bit if Viacom indirectly had people posting copyrighted material to YouTube as fast as Google can take it down."

      Viacom couldn't have people indirectly posting. Are you really claiming you think they have people directly posting?

      "... to do that successfully they need a copyright case."

      Yeah, there was such a dearth of copyrighted material on YouTube from the git-go.

    15. Re:looks good on them! by sm62704 · · Score: 1

      You said: "I like free video as much as the next guy, but people *own* this stuff. And Google does not."

      No, they do not "own this stuff". nobody owns artistic works. You can own a painting, but not its image. You can own a film, but not the movie imprinted on that film. You can own a book, but not its story. Viacom is a (supposedly) US company, as is Google, and suit is being brought in a US court. Your laws may vary but the US Constitution is clear.

      I quote: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"

      There is no legal "intellectual property" in the US. "Intellectual Property" is unconstitutional. Yes, Viacom owns the copyright. NOT the works themselves (which also puts the lie to calling copyright infringers "thieves". If you don't own it, I can't steal it from you).

      Despite the fact that you're sitting at "score 5 insightful" you SHOULD, as you say, have been modded down, as it shows no insight whatever. "Interesting, perhaps, but not insoghtful.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    16. Re:looks good on them! by Anonymous Coward · · Score: 0

      What you fail to mention, and what I've failed to see argued ANYWHERE, is the following:

      - what the media cartels broadcast is of a high audio/video quality. I'm not talking about WHAT is actually being broadcast, I'm speaking of the >= 720x480 MPG2/AC3 stream that I watch.

      Now, what I've seen on the internet is everything BUT THAT stream. Don't ALL broadcasts have registered FCC identifiers and the like that can later be tracked if need be? Can't google argue that what is being uploaded to Youtube is NOT of the Media company's quality broadcast, as it does not fall into the same broadcast specs that they state are licensed?

      Why is no one arguing this from a technical side of things? Can't they Google trump this with what the FCC requires broadcasters to tag their property with? If what is being uploaded does not contain the same tags, approved by the FCC, then it is not LEGALLy, the same content?

      Disclaimer: I in NO WAY think ANY content being uploaded should be regulated. The only time the courts should come into play, is if content contains an act that is illegal.

    17. Re:looks good on them! by KKlaus · · Score: 1

      It would suprise the hell out of me. Either it would have to be a higher up doing it, who wouldn't because he has better stuff to do, or they'd be paying underlings. Which would obviously be incredibly stupid because don't you think one of those underlings is fairly likely to blow the whistle at some point? Plently of people are willing to post Viacom owned clips without Viacom needing to risk an exceptionally embarrassing and damaging situation when their scheme was exposed.

      What you suggested was basically akin to the suggestion that explosives were planted to destroy the levies aroud NO. There's already a very credible explanation for what went/is going on, and the conspiracy theory postulates an extremely high risk, likely to be exposed effort to achieve something of little gain. Let's try to save our tin foil for when we need it.

      --
      Relax I just want some peanuts.
    18. Re:looks good on them! by drooling-dog · · Score: 1

      I find it interesting the whenever someone touts the free distribution schema, they tout that there are untold channels to get the free stuff and that's threatening the "Big Distribution" companies. Then, when there's clearly a breach of copyright law, those same people turn around and claim that "BD" is squelching distribution of indies.

      Which is it? I'm not touting "free stuff" per se, and I'm certainly not saying that companies (BD or otherwise) don't have a legitimate interest in protecting their copyrights. I'm touting easier access to distribution and a loosening of the media cartel's grip on it. There was nothing in my post at all that condoned or advocated infringement. My point was that the mere existence of channels outside of their control is a threat even if they aren't used to abuse copyright (as they of course shouldn't be).

      Viacom couldn't have people indirectly posting. Are you really claiming you think they have people directly posting? Most likely not, because it would be too much of a scandal if it broke. The point that you're apparently missing is that it is now perversely in their interest for infringment to be occurring on YouTube, because otherwise they'd have no legal basis to attack it. But you're right, there's enough of it already that no one needs any encouragement from them, directly or not.
    19. Re:looks good on them! by drooling-dog · · Score: 1

      It was a rhetorical point, mostly; Viacom would most likely never pull a stunt like that for the very reasons you mention. However, I doubt that they are eager to see Google succeed at keeping their material off of the site, either, and for the very reasons that I mentioned.

    20. Re:looks good on them! by geekoid · · Score: 1

      Naptster was closed do to a lack of money. They didn't have the cash to take it to the supreme court. Google does.

      The DMCA has safe harbor rules for the hosters.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    21. Re:looks good on them! by KKlaus · · Score: 1

      Hah. Admit you didn't phrase it that way at all though. Anyhow, the rest of your post _was_ quite good. But you should probably just admit that Viacom uploading its own clips in some mastermind scheme doesn't make any sense and isn't (even) useful as a rhetorical point.

      Cheers though.

      --
      Relax I just want some peanuts.
    22. Re:looks good on them! by Anonymous Coward · · Score: 0

      > I'll probably get modded down for this, but I don't think it's right that Google is allowed to generate all that eyeball-driven advertising revenue by broadcasting other people's copyrighted video content.

      Well, why do you think it's Google's responsibility to police that instead of the copyright owner's? I mean, Viacom is apparently offering up the notion that although it's their "property"*, everyone *except them* is obligated to work at protecting it. I mean, normally, even if your neighbor has a road leading onto your property, they're not required to police it for people who might trespass on your property. Yet this is exactly what Viacom is expecting of them... Also, there's the simple matter that it's impossible to police something like YouTube. You can either allow people to post what they like and take it down if it's found to be wrong, or you can disallow people from posting at all. There is no way to automate the policing the way Viacom would like. What they're asking for is impossible. Yeah, you could *try* it, but it simply wouldn't work worth a crap.

      Besides, Google/YouTube has the DMCA Safe Harbor provision on its side. Now, I do in fact hate the DMCA's takedown and anti-circumvention prohibitions, but the Safe Harbor bit is one of the few good bits of a bad law. In other words, Viacom just wants cash here. As far as I'm concerned, they can shove it.

      * I use the quotes because I don't believe that ideas can ever rightfully be controlled as property, period, end of story. Thus, I don't believe they are property in anything but legal fiction--the same legal fiction that has affirmed absurdities such as tomatoes being vegetables (they're fruit). Yes, you can make all manner of absurd laws to control ideas, you just can't enforce them.

    23. Re:looks good on them! by drooling-dog · · Score: 1

      I said "it wouldn't surprise me" if it were being done "indirectly". That's hardly an indictment, but yes, I guess I would be at least a little surprised, since it's now the subject of a major lawsuit and the consequences of being caught would be huge. So mea culpa on that.

      But there's at least one business out there that's doing quite well astroturfing blogs on behalf of paying corporate clients (product testimonials, mostly), so the idea isn't as completely outlandish as you suggest. Of course, it doesn't make it probable, either...

  17. Two questions: by mdobossy · · Score: 1

    All of these lawsuits/stupid moves by the various AAs going on look to me like the final death throws of a star about to supernova.. So using that dumb analogy, two questions:

    1) How long until the entire media industry implodes due to their short-sightedness and inability to embrace new technology?

    2) In the ensuing implosion/explosion, how many consumers and even businesses will the media industry bring down with them?

    1. Re:Two questions: by drinkypoo · · Score: 0, Flamebait

      3) How long before you learn how to spell "throes"?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Two questions: by mdobossy · · Score: 1

      That one I can answer.

      About 8 minutes.

    3. Re:Two questions: by ClosedSource · · Score: 1

      "How long until the entire media industry implodes due to their short-sightedness and inability to embrace new technology?"

      Well, if lawsuits like this are successful, probably a lot longer than you think.

  18. About Time! by kad77 · · Score: 1

    Viacom publicly whining about the sorry state of MTV and similar holdings (Carlos Mencia!) and trying to burst the profitability Bubble 2.0 at the same time!

    Cheers to them! But where will I find my favorite Al Qaeda training videos now?

  19. Good, no more youtube and/or no more viacom by tomstdenis · · Score: 1, Interesting

    A win win.

    Personally I'm really tired of Youtube. It's all that is wrong with insta-fame types. Though seeing people hurt themselves just to make it big on the intertubes is amusing...

    And well, programming on TV hasn't really enthralled me since, well ever. The tired cliche shows may amuse the masses, good for them, but not anyone capable of doing a little thinking on their own.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:Good, no more youtube and/or no more viacom by garcia · · Score: 1

      You aren't the target market in the least so I'm not really sure what your point is.

    2. Re:Good, no more youtube and/or no more viacom by cerberusss · · Score: 1

      The tired cliche shows may amuse the masses, good for them, but not anyone capable of doing a little thinking on their own.
      Can I ask you, what show must one watch to be part of the masses and not capable of thinking?
      --
      8 of 13 people found this answer helpful. Did you?
    3. Re:Good, no more youtube and/or no more viacom by kisielk · · Score: 1

      Of course you could, for example, not visit it any more. Block it out in your hosts file, or whatever. There's lots of sites on the net, most of them suck, just don't go there.

    4. Re:Good, no more youtube and/or no more viacom by p0tat03 · · Score: 1

      Yes, we get the fact that you don't like television. Do you have to insult the rest of us for your preference?

    5. Re:Good, no more youtube and/or no more viacom by tomstdenis · · Score: 1

      I'm just expressing the fact that I see this as a win win in either case [Google wins and viacom dies] or [google loses and youtube dies].

      I'm expressing that I have more important concerns in my life, and that I think people should demand a bit more from their media. Like news that is actually more objective than sensationalist. Shows that are [a combo of] silly, humourous, dramatic, informative, but not insulting the intelligence of the audience, etc.

      Like for example, Law and Order. It has it's moments when they argue an interesting point of law, or chase the villain. But most of the episodes are tiresomely cliche and play to the more dominant emotions of the crowd (e.g. terrorism, rape, etc). Most sitcoms are based on the concept of sexual powers, as in the female almost always holds them all and the male goofs around in a vain attempt to get laid. There are only so many decades of "will he 'get some' or not?" sitcoms you can watch [or at least indirectly know about] before you just don't care anymore.

      I'm not writing off all of pop culture. I'm just saying for the most part they're not even trying anymore. Survivor season 13? American Idol season 6? etc... Hint: most of the american idols this year are fantastically awful (no depth, no range). I'm surprised Simon hasn't jumped onto the stage and murdered one of them yet.

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:Good, no more youtube and/or no more viacom by theantipop · · Score: 1

      It's fine if it is not your cup of tea, but does it really bother you that much that other people seek and enjoy entertainment mediums you do not?

    7. Re:Good, no more youtube and/or no more viacom by geoffspear · · Score: 1

      If you're watching enough American Idol to judge whether most of the singers are awful, I hardly think your holier than thou attitude about pop culture has any credibility whatsoever. If you don't think there's anything good on TV, why don't you turn of your damn TV already?

      --
      Don't blame me; I'm never given mod points.
    8. Re:Good, no more youtube and/or no more viacom by Anonymous Coward · · Score: 0

      Given the quality of programming these days, you should be used to it.

    9. Re:Good, no more youtube and/or no more viacom by Anonymous Coward · · Score: 0

      THE BRAIN SLAYER lololol

    10. Re:Good, no more youtube and/or no more viacom by antdude · · Score: 1

      So, what do you do for entertainment/fun then? Do you not watch movies too?

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    11. Re:Good, no more youtube and/or no more viacom by owlnation · · Score: 1

      Yup, I'm with you. It has to be said that the copyright stuff on You Tube is probably the best thing on it.

      Somewhere on You Tube is material from talented filmmakers, but how do you find it? It seems that the majority of material on there is 1. tag spammed and 2. shot by people who seem to lack the understanding that a video camera works, not by digital magic, but by the principle of light entering the lens. If your subject is in front of the light, duh, guess what happens?

      I'd rather see all that crap removed first. No small task to check for tag spam - but that's why tags failed for searching the net. They're exploitable and frequently exploited by the talentless.

    12. Re:Good, no more youtube and/or no more viacom by Anonymous Coward · · Score: 0

      Well, aren't you the bright-and-shiny individual your parents brought you up to be? *snicker*

    13. Re:Good, no more youtube and/or no more viacom by ebvwfbw · · Score: 1

      Can I ask you, what show must one watch to be part of the masses and not capable of thinking?
      Er... you're kidding, right? Maybe you don't watch TV? By the way, he didn't say they were not capable of thinking, he said they were not capable of thinking on their own. Big difference.

      So, are you one of those people that can think on their own or do you really need help thinking of a show? This is so easy even a cave man could do it.

    14. Re:Good, no more youtube and/or no more viacom by UWC · · Score: 1

      If you don't think there's anything good on TV, why don't you turn of your damn TV already?

      He can't. Isn't it obvious? Anyone who has an idiot box in their house is doomed to be ruled by it. Only by summoning the will to throw out a piece of consumer electronics can you be truly free of its chilling, mind-addling glow. No, wait. You're right. Anyone with the wherewithal that he claims should be able to refrain from turning the thing on, or, heaven forbid, turning it off when there's something on that he deems of too little value to justify his viewing.

      That's what I really love about the type of person who brags about throwing out their TV because it was "ruling their life". By admitting that, they admit to having too little willpower to just leave the thing off. They had to physically remove it from the premises in order to not watch it.

    15. Re:Good, no more youtube and/or no more viacom by British · · Score: 1

      Though seeing people hurt themselves just to make it big on the intertubes is amusing...

      YouTube didn't invent this. "America's Funniest Home Videos" had people submitting videos of footballs to the crotch for many years before YouTube came along. The thing is, YouTube made it oh so much easier than having to go through ABC's show.

    16. Re:Good, no more youtube and/or no more viacom by cerberusss · · Score: 1

      Of course I'm kidding. I thought GP a little arrogant just because he doesn't like to watch TV. I don't either, but then again I'm not labelling people who do.

      --
      8 of 13 people found this answer helpful. Did you?
    17. Re:Good, no more youtube and/or no more viacom by garcia · · Score: 1

      heh!

  20. Yeah, well.. by KeepQuiet · · Score: 1

    Who didn't see this coming? PS: I am waiting Mark Cuban's fireworks show for celebration :)

  21. Viacom Demands YouTube Return Viewers by twitter · · Score: 4, Funny

    Once again, life imitates parody. I did not know they were worth a billion dollars.

    --

    Friends don't help friends install M$ junk.

    1. Re:Viacom Demands YouTube Return Viewers by Macthorpe · · Score: 1

      The Onion have always been slightly prescient, let's be honest :)

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  22. I predict... by Nonillion · · Score: 1

    That this will be as productive as th 1.25 trillion dollar lawsuit that the RIAA has filed over allofmp3.com

    --
    "I bow to no man" - Riddick
    1. Re:I predict... by skiingyac · · Score: 1

      Considering allofmp3.com currently can not accept payments anymore (and couldn't for the past few months) which really sucks, I think the RIAA has won that round.

  23. Hmmm... by richdun · · Score: 3, Funny

    (as of about the time I posted this)

    Google's market cap: $139.97 billion

    Viacom's market cap: $27.61 billion
    CBS' market cap: $24.38 billion (sorta kinda relevent here)

    I think it's just a little market cap envy. Next stop: Google buys Viacom?

    1. Re:Hmmm... by alienmole · · Score: 1

      Except that's a little like, "Next stop: U.S. invades Iran?" It will just encourage the next [crazy dictator|money-hungry company] to act up, and {the U.S.|Google] can't afford to [invade|buy] them all.

    2. Re:Hmmm... by geekoid · · Score: 1

      How can someone else act up when it's viacom's material?

      I think Google buying viacom is a great idea for 1 reason:

      Google can get some smart people to rethink how the media industry work and implement changes.

      actually a second reason would be to have fun firing viacoms lawyers.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Hmmm... by alienmole · · Score: 1
      Not all the content on Youtube "belongs" to Viacom. Not by a long shot. If Google buys Viacom to make this lawsuit go away, every other content company will immediately sue Google to see what they can get out of it, too. IOW, even if Google buys Viacom, the basic situation doesn't change a bit.

      actually a second reason would be to have fun firing viacoms lawyers.
      Wouldn't happen -- the lawyers are more important to Google than anything else, because these companies are playing for high stakes, and a lot of the game will happen in court. See my comment here.
    4. Re:Hmmm... by WetCat · · Score: 1

      So buy Viacom so nobody will follow suit:
      1) Buy VIACOM
      2) Fire everybody there or do something similary nasty there
      ?

  24. Please: by Anonymous Coward · · Score: 4, Insightful

    Google, please drop all Viacom sites from google.com. After all, they hate all the free publicity and promotion you give them.

    1. Re:Please: by ePhil_One · · Score: 5, Funny
      Google, please drop all Viacom sites from google.com.

      Yes, Google should hold Viacom sites hostage until they give up their legal rights. I for one welcome our new Google overlords.

      --
      You are in a maze of twisted little posts, all alike.
    2. Re:Please: by ergo98 · · Score: 5, Insightful

      Google, please drop all Viacom sites from google.com. After all, they hate all the free publicity and promotion you give them.

      "Free" publicity?

      More accurately, people go to Google to search for stuff like Viacom shows. If Google were ever dumb enough (they aren't) to start self-censoring to penalize foes in other areas of their business, people wouldn't use Google. Google would be shooting themselves in the face to spite a pimple.

      And it isn't like this is unexpected. When YouTube was being woo'd, Mark Cuban was widely quoted for saying "Only a moron would buy YouTube" (because of the huge potential lawsuit liability). Maybe a better statement would be "only a non-moron that has the cash to pay off the inevitable lawsuits", of which there are only a few companies, Google being one of them.
    3. Re:Please: by Atlantis-Rising · · Score: 2, Interesting

      People suggest this every time, and every time the same response is valid: That's not a good solution on Google's part, because it ends up negatively impacting Google.

      Tit for tat retribution really only works on the playground. And maybe in international spy rings.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    4. Re:Please: by geoffspear · · Score: 1

      I'm sure Mark Cuban would be even richer if he just realized that because he can afford to pay off any judgments against him, he should do as much as he could to invite lawsuits. Yeah, that would be incredibly non-moronic. He should totally cancel his car insurance and then go driving around smashing into every car he sees.

      --
      Don't blame me; I'm never given mod points.
    5. Re:Please: by brian.gunderson · · Score: 1

      Are we going to be seing Larry, Eric and Sergey managing a Dairy Queen anytime soon?

      --
      Appended to the end of comments you post. 120 chars.
    6. Re:Please: by tha_mink · · Score: 2, Insightful

      People suggest this every time, and every time the same response is valid: That's not a good solution on Google's part, because it ends up negatively impacting Google. I guess I agree with you but isn't that what Viacom is is doing. Basically, since the two couldn't come up with a deal they were both satisfied with, Viacom is basically taking their ball and going home. I mean, we've been reading about possible deals since Google bought YouTube. Plus, there's http://www.iht.com/articles/2006/08/06/business/go ogle.phpthis deal that they made in August with Google video. I agree they can't really remove Viacom from their apps but still, it would be nice for somebody to stand up to Viacom and the like. It'd be nice for someone to give them a taste of their own medicine. Plus, if Google can somehow win this case, which...psheew...is gonna be tough, I wonder what the implications would be on the rest of the copyright infringing world.
      --
      You'll have that sometimes...
    7. Re:Please: by russ1337 · · Score: 4, Funny

      >>> "Google would be shooting themselves in the face to spite a pimple".

      In this case, Google would be shooting themselves in the face to spite a large cancerous growth.

    8. Re:Please: by walt-sjc · · Score: 3, Insightful

      This move by Viacom is just a negotiating tactic, much like Cisco's against Apple over the iPhone name. Nothing to see here... Move Along...

    9. Re:Please: by maxume · · Score: 1

      So what did Cuban bid?

      --
      Nerd rage is the funniest rage.
    10. Re:Please: by DrWho520 · · Score: 2

      Yeah, nothing to see...ignore the $1,000,000,000,000.00 suit. Negotiation tactics are cruise missiles, not nukes.

      --
      The cancel button is your friend. Do not hesitate to use it.
    11. Re:Please: by walt-sjc · · Score: 5, Insightful

      The dollar amount means NOTHING. They could have said $50,000,000 or $500,000,000,000 - the end result will be exactly the same, which will probably be that Google and Viacom will come to an agreement that google will do more to keep individuals from posting Viacom's crap, and Viacom gets to upload their crap to YouTube and stick advertising in it or offer it for sale (ala iTMS).

    12. Re:Please: by HTH+NE1 · · Score: 1

      OK, what if Google instead just demoted Viacom links a little in the search results? They could call it an enhancement to their algorithm to adjust ranking of sites by their quality of good vs. evil.

      WWSCD? (What Would Santa Claus Do?)

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    13. Re:Please: by julesh · · Score: 5, Insightful

      Tit for tat retribution really only works on the playground. And maybe in international spy rings.

      Not to mention the Iterated Prisoners' Dilema.

    14. Re:Please: by Atlantis-Rising · · Score: 3, Insightful

      Think of it from Google's point of view. How does that help them? Google is helped by having the best, fastest, most effective search engine around. That's why people come to them, and that's why google gets ad revenue.

      Fucking with the rankings does nobody any good.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    15. Re:Please: by l3v1 · · Score: 1

      More accurately, people go to Google to search for stuff like Viacom shows

      Nope, "people go to Google to search for stuff like" "shows". For Viacom's shows, Google is one way, the easy way, to find them. Without Google there would still be a way, the good old harder way, to find them. How big a step backward would that be ? Remember the mid-nineties ? Good. You don't wanna go there.
       

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    16. Re:Please: by Anonymous Coward · · Score: 0

      I, for one, can live well without Viacom and their "products".

      Google delisting "foes" would be simply being dancing to their music, because it would be net neutrality reversed: the distributors want to charge both sides, so they want net neutrality dropped so they can slow down those who didn't pay so everyone has to go to those who paid; now Google can say that if you want us to pay, noone is going to find you to buy from you.

      Of course, Google has to be careful only to delist the pages which generate revenue for Viacom & Co., not something like, say, www.viacomsucks.com (I just made that up).

    17. Re:Please: by dopelogik · · Score: 1

      The reason people go to Google is because the websites they want to see are crawled by Google. The position of power is actually the opposite of what you are implying. If all sites did not allow Google to crawl them, then Google would be screwed, not the sites.

    18. Re:Please: by magarity · · Score: 4, Funny

      what if Google instead just demoted Viacom links a little in the search results
       
      Don't bother. Just buy Viacom and stop suing themselves. Problem solved.

    19. Re:Please: by Captain+Splendid · · Score: 1

      If Google were ever dumb enough (they aren't) to start self-censoring to penalize foes in other areas of their business, people wouldn't use Google.

      While I agree with you that Google censoring certain companies/websites would be as bad for them as anyone else, how about this: They don't have to censor anything from Viacom, just "nudge" their pagerank back a little, 20 or 30 spots would be fine. After all, how many search page results do you think people go through before they give up?

      --
      Linux, you magnificent bastard, I read the fucking manual!
    20. Re:Please: by Jeff+DeMaagd · · Score: 1

      I wouldn't argue against copyrights, just how they are currently handled. Still, I don't think there is any legal requirement for Gootube to be proactive in protecting copyrights. Even though there isn't one, I think Gootube has been doing more than copyright law requires of them to be safe.

    21. Re:Please: by ergo98 · · Score: 3, Insightful

      Nope, "people go to Google to search for stuff like" "shows". For Viacom's shows, Google is one way, the easy way, to find them. Without Google there would still be a way, the good old harder way, to find them.

      You mean using one of the countless other search engines?

      Google's biggest asset is the quality of their search. If Google compromised that (e.g. paid placements in results, or removing a set of results just to penalize someone), people would stop using Google, and would instead use one of the many other search engines (many of which are neck and neck with Google results wise).

      Google has next to no search-engine-ranking muscle to flex. Given that most are fervently against paid search placement, it's astounding that so many are so quick to support what is in essence "conform-for-placement" just because it serves their agenda.
    22. Re:Please: by forgotten_my_nick · · Score: 2, Interesting

      I think the consumer could end up worse for it.

      For example. Take littlekuriboh. For anyone who doesn't know him he created a parody called "Yu-Gi-Oh The Abridged Series". Basically a poke at the stupid cartoon. Perfectly legal (as its parody and not a straight rip of the cartoon).

      Extremely popular series as well, as soon as he posts an episode it goes to the top of the page.

      However YouTube started nuking his episodes claiming copyright infringement. There are still a couple left on his account.

      The end result, everyone copied the episodes nuked and started reposting them back to youtube. Meanwhile littlekuriboh has moved to other sites like Dailymotion (full series here).

      I think Youtubes honeymoon is over and you will find people will just move to other sites that will cater for what they want.

    23. Re:Please: by Achromatic1978 · · Score: 1

      Without Google there would still be a way, the good old harder way, to find them. How big a step backward would that be ? Remember the mid-nineties ? Good. You don't wanna go there.

      Stop worshipping at the altar of Google. Guess what? Yahoo has a search engine. It's actually pretty good, and has a simple interface. Guess what? Microsoft has its Live search engine. It's also pretty good.

      You, on the other hand, seem to be content to spread the FUD that Google being penalized (or penalizing others) for anything would be a return to the dark ages.

    24. Re:Please: by timeOday · · Score: 1

      Maybe a better statement would be "only a non-moron that has the cash to pay off the inevitable lawsuits", of which there are only a few companies, Google being one of them.
      I don't think Viacom wants a one-time cash settlement, I think they want a slice of "new media." I bet this will end up with some sort of licensing deal. I only hope youtube will still be worth visiting when it's all over - not because I think Viacom's content is what makes it worthwhile, but - hey - after the cops raid a party it's over, whether or not you were there to do anything illegal.
    25. Re:Please: by stonecypher · · Score: 1

      Think of it from Google's point of view. How does that help them? Google is helped by having the best, fastest, most effective search engine around.

      From Google's point of view, YouTube helps them enough to be purchased for $1.6 billion. Obviously, they want to be more than a search engine, and obviously, this lawsuit is a serious problem for them. Me, I think it's about time someone stabbed Google in the eye for screaming "don't be evil" throughout all their lying, cheating, theft and blatant copyright violation.

      Fucking with the rankings does nobody any good.

      Didn't stop them when China demanded it, and they squash the little guy all the damn time (notice that my blog and my 3qDN have pagerank 5, but the main domain has pr0 and won't show up in the engine.)

      It's all well and good to make claims, but the ones you're making are in obvious contrast to facts. I think I smell astroturf.

      --
      StoneCypher is Full of BS
    26. Re:Please: by Anonymous Coward · · Score: 0

      Actually the number is very important. Accounting rules (when well applied) forces a business to take into account ongoing litigations. If a business is worth 10M with a 5M litigation, then it must make note of that 5M in the quarterly reports, just like a debt.

      Since the rule of investment is usually to evaluate according to the worst case scenario, such a company should see it's stock value go down by almost half. This is in theory of course. A business aptitude to defend itself can hedge that. A judge can always change the number if it is perceived as exaggerated (you cannot sue to any number just to scare the market).

      This is how Scientology made some paper (The Washington Post?) back off a story. The amount was close to the value of the paper, making its "on paper" value close to nothing.
      Since the business first duty is to shareholders value, they preferred a quick settlement than a long battle for the First Amendment, and decided not to publish.

    27. Re:Please: by Anonymous Coward · · Score: 0
      Remember the mid-nineties ?

      Yes, lots of different search engines, limited search engine spam, typo-squatting was almost unheard of, and spyware/malware/adware/etc was just a glean in some a****** eye. Aside from the fact that most companies hadn't fully embraced the internet, it was pretty cool. I was even lucky enough to have a cable modem in 1995.

    28. Re:Please: by christus_ae · · Score: 1

      Oh please. Google would absolutely not be holding Viacom hostage if they were to take their site off of the Google index; there are many other alternative search engines available to the public. If anything, that would be a case of Viacom "biting the hand that feeds" and getting their site removed rather than a "hostage" situation.

    29. Re:Please: by LoverOfJoy · · Score: 1

      It doesn't need to go back that far. Just bump up some site that lists a free torrent to the viacom movies/tv shows.

    30. Re:Please: by CommunistHamster · · Score: 4, Funny
      Or, perhaps:

      "You searched for Viacom. No results were found. Did you mean Torrentspy?"

    31. Re:Please: by Atlantis-Rising · · Score: 1

      From Google's point of view, YouTube helps them enough to be purchased for $1.6 billion. Obviously, they want to be more than a search engine, and obviously, this lawsuit is a serious problem for them. Me, I think it's about time someone stabbed Google in the eye for screaming "don't be evil" throughout all their lying, cheating, theft and blatant copyright violation.

      You seem to be replying to somebody else's quote. Yes, Google bought Youtube. However, how does de-listing Viacom help Google? It doesn't. It makes their search engine worse, and that's bad for Google. You haven't answered that point.

      Didn't stop them when China demanded it, and they squash the little guy all the damn time (notice that my blog and my 3qDN have pagerank 5, but the main domain has pr0 and won't show up in the engine.)

      Because if we go by the standard "How does de-listing things the Chinese government asks for help Google", it's not hard to think of good reasons. China is a country, with the ability to either block Google entirely (Great Firewall of China) or impose significant civil and criminal penalties against Google's operating assets in Chinese territory. As for the other, well, you'll just have to provide some evidence for that.

      It's all well and good to make claims, but the ones you're making are in obvious contrast to facts. I think I smell astroturf.

      I just smell idiocy wafting from your direction, my friend.
      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    32. Re:Please: by LinuxDon · · Score: 1

      Quote: "If Google were ever dumb enough (they aren't) to start self-censoring to penalize foes in other areas of their business, people wouldn't use Google."

      They don't have to actually sensor it, leave it up to the sysop from hell to make something "accidentally go wrong" with the Viacom keywords.

    33. Re:Please: by Anonymous Coward · · Score: 0

      Yes, Google should hold Viacom sites hostage until they give up their legal rights. I for one welcome our new Google overlords.

      Yes, Google is the only search engine in existence. Surely if they block viacom sites, itty bitty search engines like Yahoo and MSN will be forced to do the same.

    34. Re:Please: by Anonymous Coward · · Score: 0

      Am I the only one who thinks this iPhone thing with Cisco was planned beforehand (by both Cisco and Apple)?

      It certainly seems very nice, first Apple introduces a phone, then Cisco introduces it again, then Apple tells it can sell the phone ...

    35. Re:Please: by forgotten_my_nick · · Score: 1

      Not sure why that got modded off topic. Littlekuriboh is a very good example of what will happen when YT implements blanket deletions or software to remove *potential* copyright infringements.

    36. Re:Please: by kocsonya · · Score: 2, Insightful

      Tit for tat is actually a pretty good and stable strategy if it is widespread in the social environment of whatever entity you talk about. There's reasonable literature about it. If you have a population where most entities play the "do no harm" game then the tit for tat keeps the number of cheaters quite low. If you have a population of "cheaters" (i.e. greedy, selfish entities), however, a lonely "good guy" is pretty much screwed (although it might survive).

    37. Re:Please: by Nullav · · Score: 1

      I really can't see how they need such publicity at this point. They own five networks and are well known because of that. It seems rather pointless to me to depend on a search engine for popularity once your logo is being flashed at least 10 times per hour on hundreds of thousands to millions of TV screens.

      But I could be wrong. Is there anything Viacom uses the Internet for that isn't already ridiculously well-known?

      --
      I just read Slashdot for the articles.
    38. Re:Please: by CaptainDefragged · · Score: 1

      what if Google instead just demoted Viacom links a little in the search results?
      What if Google just told Viacom to fuck off or we will purchase your ass?
      --
      Don't tailgate - the end is near!
    39. Re:Please: by rtb61 · · Score: 1
      It is far simpler than that. Google paid 1.5 billion for Youtube, as far as Viacom is concerned it is worth 1.5 Billion to show other peoples videos, because Google said so. So they are being in their own mind generous as there are other peoples video on the as well, so they only want 1.0 billion.

      It does not matter whether it is fair right or moral, all that matters is whether under law they can get the money and as a bonus drive a competitor Youtube not Google out of business (and then set up their own version with less competition), don't think so, if Viacom win, don't you think that Time Warner, Fox and Disney will all follow suit.

      Business is business for corporations, morals for them do not come into consideration, did Google make a mistake buying Youtube, well, apparently so.

      People always seem to forget, as far as corporations are concerned and of course the executives behind those corporations, morals are for little people, us nobodies, only the laws that we fight to have implemented, driven by own morals, will ever have any bearing upon their decisions.

      --
      Chaos - everything, everywhere, everywhen
    40. Re:Please: by elrous0 · · Score: 1

      Google should also immediately block all of Viacom's companies and employees from using any of its services. Let's see those assholes at The Daily Show research stories with no Google search for a while.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    41. Re:Please: by gfreeman · · Score: 1

      No, no, no, no!

      Just buy Viacom and don't stop suing themselves. Much more fun to watch.

      --
      Ceci n'est pas un sig.
  25. No kidding... by zappepcs · · Score: 1

    For a billion dollars, it's much cheaper to just buy Viacom....
    Makes it sound like Viacom just shot themselves in the foot, but it makes sense. If it's going to cost a billion to stay in business, just by them out!

    1. Re:No kidding... by igb · · Score: 1

      For a billion dollars, it's much cheaper to just buy Viacom....
      ``Much cheaper'' in the sense of ``twenty five times more expensive''. Viacom's market cap is about 25 billion. To carry out a hostile take-over, which is what you're suggesting, would cost thirty five million or more.
    2. Re:No kidding... by joto · · Score: 1

      Wow, viacom can be bought in a hostile takeover for only a little bit more than a thousandth of its worth. I wonder why nobody has done it yet!

    3. Re:No kidding... by growse · · Score: 1

      I think you mean THIRTY-FIVE BILLION!!!!!! more.

      Or hasn't that joke been done yet?

      --
      There is nothing interesting going on at my blog
    4. Re:No kidding... by Lord+Lemur · · Score: 1

      Google purchases Viacom cost 35B (your number)
      vs.
      Possible cost of lost lawsuit (1B)
      +
      Undertermined Future cost of lawsuits from content providers (?B)
      +
      Cost of fighting Billion Dollar Lawsuits (?B)
      +
      Cost of opening own content company (?M-B)
      +
      Value of lost time for such a company ramping up (?M-B)
      +
      Cost of aquiring lisences for media archives (?B)
      +
      Cost of mistakes along the way (?B)

      That's the math I'm doing. If they are looking to aquire media production in the near future, it seems they would be better served in taking that Billion and applying it to that end, IMHO.

      That is all.

    5. Re:No kidding... by multipartmixed · · Score: 1

      .035 billion and 35 billion.

      Can you tell me, do you see a difference in those numbers? You see, .035 billion, that's 35 one-thousandths of a billion. Is that your price? Because that's price I was quoted on the phone. I'd be happy to pay that price.

      --

      Do daemons dream of electric sleep()?
    6. Re:No kidding... by Anonymous Coward · · Score: 0

      Or they could just take steps to remove copyrighted material from YouTube (think that would cost more than thirty-five billion dollars?) and avoid the whole mess in the first place.

    7. Re:No kidding... by xero314 · · Score: 1

      You forgot the the 35 Billion Dollar purchase also adds 35 billion in value to the company. Purchasing Viacom won't just be a waste of money unless they jut purchase it and then let it fall apart. So not only would purchasing Viacom possibly avoid all the other costs you listed it also adds 35 billion to the bottom line.

    8. Re:No kidding... by king-manic · · Score: 1

      It's cost 35b to gain 25b worth of a media / telecom company. Simply to do this to negate 1b of liability isn't a good deal.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    9. Re:No kidding... by xero314 · · Score: 1

      Not that I care, but to be more accurate what you get for your 35b investment is a media company valued at 25b with 9b in annual revenue and over 1 billion in annual net income.

    10. Re:No kidding... by Lord+Lemur · · Score: 1

      They also gain, in that they don't have to pay the other listed costs.

  26. Out of Court settlement by CSHARP123 · · Score: 2, Insightful

    This copyright violation is going on with YouTube since before google acquired them. Why didn't Viacom act at that point in time and close the website. Since google has the money and I think this will be setteled out of court by google giving them some money to get away. In the future we can see some big payday for Viacom

    1. Re:Out of Court settlement by dubbreak · · Score: 1

      Exactly. Viacom waited until after the Google aquisition. Instead of suing a company with negative money, they sued one with LOTS of money.

      My question is: How is this possible? If I posted the entire text of jPod on my blogger account would Douglas Coupland (or whoever controls his copyrights) sue Google or sue me? Google has the money, but I posted it. If Douglas Coupland could sue Google, then what would stop him from having some random person open a Blogger account so he can sue Google?

      So to reiterate, why can Viacom sue Google over Youtube postings? It was individuals that violated Viacom copyrights, not Google. And who is to say that Viacom didn't post those items themselves (and have been doing so since the begining of youtube) so that they could sue for huge amounts of money?

      --
      "If you are going through hell, keep going." - Winston Churchill
  27. If I were Google, I might just pay it. by xxxJonBoyxxx · · Score: 3, Funny

    Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws.


    Google: "No shit. Here's your billion, we've got a couple more to spare. Muh-huh-huh-ha."
  28. Just numbers relevant to "IBM/SCO on their ass" by mapkinase · · Score: 5, Insightful

    GOOG: Mkt Cap: 139.97B
    VIA: Mkt Cap: 27.71B

    IBM: Mkt Cap: 141.50B
    SCOX: Mkt Cap: 21.23M

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    1. Re:Just numbers relevant to "IBM/SCO on their ass" by Anonymous Coward · · Score: 2, Insightful

      Not sure I can think of a number less relevant than market cap, actually...

    2. Re:Just numbers relevant to "IBM/SCO on their ass" by Anonymous Coward · · Score: 0

      Ponies?

    3. Re:Just numbers relevant to "IBM/SCO on their ass" by Alioth · · Score: 4, Insightful

      The difference between Google and IBM is IBM is really worth its market cap, but Google's market cap is a hyperinflated bubble.

    4. Re:Just numbers relevant to "IBM/SCO on their ass" by dextromulous · · Score: 5, Funny

      Furlongs between corporate headquarters?

      --
      There are two types of people in the world: those who divide people into two types and those who don't.
    5. Re:Just numbers relevant to "IBM/SCO on their ass" by iceperson · · Score: 1

      Hits?

    6. Re:Just numbers relevant to "IBM/SCO on their ass" by xenocide2 · · Score: 2, Interesting

      I'm not sure thats exactly true. Google's P/E is only 3 times IBM's, and earnings growth is ridiculus with Google (barring accounting irregularities). Just going by PEG, Google seems more undervalued.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    7. Re:Just numbers relevant to "IBM/SCO on their ass" by Red+Flayer · · Score: 2, Interesting

      Most analysts consider GOOG to be inflated, but not hyper-inflated -- here's a quick Yahoo finance hit for GOOG key stats, note the market cap vs. enterprise value numbers. I don't have the specifics for how Yahoo calculates enterprise valuations, but they are in line with most analysts -- who, of course, could be wrong.

      IBM is considered slightly undervalued.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    8. Re:Just numbers relevant to "IBM/SCO on their ass" by Eustace+Tilley · · Score: 1

      The difference between Google and IBM is IBM is really worth its market cap, but Google's market cap is a hyperinflated bubble.


      Are you short the stock, then?
    9. Re:Just numbers relevant to "IBM/SCO on their ass" by gbjbaanb · · Score: 1

      erm.. Lawyers fees per hour.

      oh no sorry, that's *damn* relevant here.

    10. Re:Just numbers relevant to "IBM/SCO on their ass" by Anonymous Coward · · Score: 0

      The hard part of shorting is predicting when, because you can only short a stock for a limited period of time.

    11. Re:Just numbers relevant to "IBM/SCO on their ass" by TooMuchToDo · · Score: 1

      *squish*

    12. Re:Just numbers relevant to "IBM/SCO on their ass" by portnoy · · Score: 2, Funny

      Average corporate phone number.

    13. Re:Just numbers relevant to "IBM/SCO on their ass" by aztec+rain+god · · Score: 3, Funny

      23,528 furlongs (from google maps)

      --
      Sig cannot be found.
    14. Re:Just numbers relevant to "IBM/SCO on their ass" by king-manic · · Score: 1

      Conversely, SCO is no truly worth it's market cap but viacom likely is.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    15. Re:Just numbers relevant to "IBM/SCO on their ass" by Eustace+Tilley · · Score: 1

      The hard part of shorting is predicting when, because you can only short a stock for a limited period of time.


      You can only short it until you go broke, if that's what you mean. But if Alioth's view that the stock's price is a "hyperinflated bubble," then how could he go broke shorting it? Perhaps his view is unchanged since Google originally came to market at 77, a price derided as a "bubble" at the time, and he plans to cash in once Google returns to single digits.
    16. Re:Just numbers relevant to "IBM/SCO on their ass" by Thwomp · · Score: 2, Funny

      I don't know about that, but going by the poster below it's about 1,165801.80 Volkswagen Beetles. Is that any help?

  29. Google and copyright by john83 · · Score: 1

    Google has been skirting on the edge on copyright law for a while now, especially with Google Books (which I can't imagine is actually legal, but is moral IMO). Can they win this? I don't see grounds for defense. On the other hand, how is that figure justified?

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
    1. Re:Google and copyright by Anonymous Coward · · Score: 0

      No they really haven't. Google books allows you to search books but only displays a small excerpt from that book. This is completely compliant with copyright law. Will people sue them over it? yes, but that doesn't make it illegal. The same thing is going on with this whole Viacom thing. Google follows the legal rules of taking down any infringing content once they have received a notice from the content owner. This means Viacom doesn't actually have a chance of winning the lawsuit (if the law is followed).

      This completely ignores other factors, like authors being stupid for caring that their books are getting more public attention.

    2. Re:Google and copyright by Vexorian · · Score: 1

      hmm I use google books to check some of the quality of some pages then decide to buy a book, it works like that. I guess a book company would be really retarded to sue such a good advertising method ... ... Err, wait! that's what viacom is doing with youtube!

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  30. Here's the PDF of the actual complaint ... by xmas2003 · · Score: 4, Informative
    --
    Hulk SMASH Celiac Disease
    1. Re:Here's the PDF of the actual complaint ... by gfreeman · · Score: 1

      Reading the claim, my money's on Google.

      --
      Ceci n'est pas un sig.
    2. Re:Here's the PDF of the actual complaint ... by TubeSteak · · Score: 1
      Wow, good luck with that Viacom.

      Here's the meat of their argument, from the "Introduction"

      4. Defendants actively engage in, promote and induce this infringement. YouTube itself publicly performs the infringing videos on the YouTube site and other websites. Thus, YouTube does not simply enable massive infringement by its users. It is YouTube that knowingly reproduces and publicly performs the copyrighted works uploaded to its site.
      This theme gets expanded upon under "Nature of Action" in paragraphs 31-37. After that, they start to get whiney.

      40. ... YouTube's consistent approach is to take no action to remove infringing videos from its library unless and until a copyright owner notifies it that that specific video is infringing.

      42. YouTube adopted this hands-off policy knowing that copyright owners have a limited ability to monitor for infringing videos on its site and send takedown notices for the videos they find.

      I think some of their complaints are legitimate (43 & 44 for example), but they never ask for relief for those issues. Their relief can be summarized as attorney's fees, statuatory damages, Youtube's profits, injunctions, filtering.
      --
      [Fuck Beta]
      o0t!
  31. What the by tehwebguy · · Score: 4, Insightful

    Don't Viacom know that their precious DMCA protects Google?

    --
    -- lol pwned
    1. Re:What the by 91degrees · · Score: 5, Informative

      Probably. And it appears to have been part of the intent of the DMCA. However the act was pretty badly drafted, and part of it does depend on whether Google is directly profitting from the infringement.

      Of course, in Youtube's favour, is the fact that the service clearly isn't intended as a vehicle for copyright infringement. Most of the material there is actually the home video stuff that the site is intended for, and they are making efforts to remove the material immediately.

    2. Re:What the by russotto · · Score: 4, Interesting

      The DMCA is badly drafted because the companies which wanted it -- content providers like Viacom -- deliberately had their lobbyists draft it that way. They expected to use the power of their corporate takedown-letter-writing department to shut down anything they didn't like. They didn't count on a service provider with the capacity to not only host enough content to give their takedown-letter department writer's cramp, but to actually be able to handle all those takedown letters without shutting down.

    3. Re:What the by 91degrees · · Score: 1

      I don't think that was the intention. In 1999 it was quite clear that there were going to be some web hosts with this much capacity. Back then, most user created (and user-pirated) content was on ISP provided homepages. A company like AOL has no problem dealing with the number of takedown requests that they receive, and wouldn't have back then.

    4. Re:What the by ensignyu · · Score: 1

      The corporate letter-writers are bots nowadays though.

    5. Re:What the by bflynn · · Score: 1

      My first thought too. There's always a way to argue that Google doesn't meet some requirement. For example, can they be an access provider if they encourage content? Any arguement that Viacom has is weak. If their real interest was to "protect" their copyrighted material, they'd also have identified it and asked Google immediately. Oops, if they did that, they'd be following the DMCA, so it would be kinda hard to argue against your own actions...

  32. copyright doesn't scale by m1ndrape · · Score: 0

    maybe google wants this to happen, think about it, if it's the copyright holder's responsibility to enforce and protect their copyright, at a massive scale with youtube, then the amount of money it would take to enforce their copyright would exceed their revenue generated from it.

    --
    Donald Ray Moore Jr. (mindrape)
    Suspected Terrorist
  33. haha by wwmedia · · Score: 1

    how do i add "haha" to the taggin yoke? damned web2.0

  34. Common carrier by Anon-Admin · · Score: 4, Insightful

    (IANAL) I look at this and wonder is google will use the common carrier clause. By not monitoring and policing the content of the users they could well fall under the common carrier clause. This would mean that as a common carrier, they are not responsible for the content that is on there network. The end users would be responsible.

    I have worked at and run many ISP's, The lawyers ALWAYS insistent that any news feed be uncensored because the act of censoring or deleting any of the content could be used in court to show that we agreed with the content that remained. Thus we could be sewed for any illegal content that we missed.

    Just my .02c worth

    1. Re:Common carrier by svendsen · · Score: 1

      IANAL either but common carrier would, to me, seem to apply to things which deliver the information/voice/data and not apply to a website which stores the actual info. If youtube goes away the common carrier (Isp's for example) can still deliver information.

      But hey, like usual, I am probably wrong

    2. Re:Common carrier by travdaddy · · Score: 1

      I think you're contradicting yourself (perhaps unintentionally). On YouTube, there's a message that comes up on a very rare occasion: "This video has been removed due to copyright violations." That means that Google IS censoring but missing a lot.

      --
      Adidas To Bring Back Sneakernet
    3. Re:Common carrier by Rich0 · · Score: 1

      Isn't the whole point of the DMCA that there is a standard process for requesting takedowns? If Viacom doesn't like something on Youtube they can file a DMCA takedown notice. Google then notifies the poster, and if the poster doesn't object they remove the content. If the poster does object Google gives their contact info to Viacom and they can sue each other over the issue.

      Viacom's complaint is that they don't like the DMCA and want Google to just delete content without bothering to see if it is legal, or that Google should have to perform this service. That simply isn't the law.

    4. Re:Common carrier by Herbmaster · · Score: 1

      The definition of a "common carrier" is defined in case law, and one of the requirements to qualify as a common carrier is that you offer your services for hire to anyone willing to pay for them. You can't just run a free bulletin board (e.g. YouTube) and claim to be a common carrier for anyone who chooses to use it. Of course, if this case goes on, that could be overturned (theoretically to google's benefit). That would be pretty awesome. VIA would have to go after each individual user posting copyrighted material they don't own (the real crooks).

      --
      I'm not a smorgasbord.
    5. Re:Common carrier by kad77 · · Score: 1

      You seem like one of my ISP admins - you can barely spell, have terrible grammar, and you want to censor content!

    6. Re:Common carrier by igb · · Score: 1

      I look at this and wonder is google will use the common carrier clause
      Unfortunately, in their willingness to censor when told to by any repressive government they want to do business with (China and India notably), they've proven they aren't a common carrier. Google can't be the Chinese govenment's bitch and also claim to be a common carrier.
    7. Re:Common carrier by csnydermvpsoft · · Score: 1

      Looking at it from Viacom's perspective, however (which makes me feel icky - I think I'll have to take a second shower today), it would be incredibly difficult to keep up with the deluge of copyrighted content being posted by YouTube users. Viacom has an army of lawyers, but the army of people posting illegal content is even larger. Viacom doesn't need to be this strict with unauthorized distribution of their content, but given that they have chosen that path I can understand their frustration in getting it taken down.

    8. Re:Common carrier by terrymr · · Score: 1

      I don't think there's any frustration, I think this is a case of "Oh look! A new and novel idea for an internet service" and TV/RADIO/MOVIE/RECORD companies pile on and try to get money for nothing.

    9. Re:Common carrier by fishbowl · · Score: 1

      So you either have to be willing to break laws or give up your common carrier status? I'm sure there's a legal doctrine that says your argument is wrong. It cannot be to Google's detriment, in court, that they obeyed the law of China when they did business there. I know of situations where an oil company put a requirement on their female employees to travel with a male escort in certain countries. That would be actionable discrimination here in the US. The China thing with Google is on the same level as that.

      --
      -fb Everything not expressly forbidden is now mandatory.
    10. Re:Common carrier by stubear · · Score: 1

      "...pile on and try to get money for nothing."

      Yeah, as opposed to Google who's paying for the copyrighted material to post on YouTube and obtain ad revenue, right? Right?!?!?

    11. Re:Common carrier by Anon-Admin · · Score: 2, Insightful

      Kad77, you sound like the VP of the ISP I worked for. That would be the one who called me at 2am because "We crashed and everything is down!"

      I get in and ask what happened and he tells me "I was downloading a new video and needed space on the server. So I deleted the junk directory that contained all the etcetera stuff." My response was "What etcetera stuff?" to which he replied "You know, the E T C directory"

      He is also the same guy that plugged 6 900VA UPS's into a 3$ plug bar from K-Mart.

      He had great spelling, excellent grammar, and a Masters in Electrical Engineering.

      He just did not have a brain!

      Now, to make a point, I have run several anon-servers. I do not support or suggest censorship in any way. I was the one who suggested that we run it past the lawyers!

      As to my spelling and grammar, you need to get both a job and a life! If the only thing you have to add is a critique of my spelling and grammar then you need help. This is an informal discussion, not a term paper!

    12. Re:Common carrier by tinkerghost · · Score: 1

      Funny AT&T is a common carrier & the NSA's bitch. Don't see the problem there.
      The issue is they aren't a common carrier. Neither is YouTube. They have restrictions on adult content & filters in place to try and catch it. They do however, have the safe harbor provision of the DMCA. Because the content is user posted and not generated by YouTube, so long as they keep taking down videos at the request of Viacom, they are on solid legal ground.

    13. Re:Common carrier by igb · · Score: 1

      It cannot be to Google's detriment, in court, that they obeyed the law of China when they did business there.
      Try telling the US government that as it's legal to enrich Uranium in Iran, you weren't committing a crime when you sold them those centrifuges. Anyway, Your argument falls quite simply: Google have the choice to not do business in China.
    14. Re:Common carrier by terrymr · · Score: 1

      Assuming youtube posted all the videos themselves you're right.

      If not then viacom has to go through the DMCA notice process. Viacom says they did that but it remains to be seen whether the notices were proper or not.

      Statements like this one : "YouTube's brazen disregard for intellectual property laws fundamentally threatens not just [Viacom], but the economic underpinnings of one of the most important sectors of the United States economy." do nothing to improve their credibility.

    15. Re:Common carrier by shiftless · · Score: 1
    16. Re:Common carrier by Anon-Admin · · Score: 1

      Well it was not worth a full .02$ :)

  35. Re:If I were Google, I might just pay it. by kad77 · · Score: 1

    Google: "No shit. Here's your billion, we've got a couple more to spare. Muh-huh-huh-ha."

    Probably one of many reasons you will never have even a million dollars.
  36. old media logic by circletimessquare · · Score: 3, Insightful

    old media fails it

    when linking to content, hosting content, etc., you generate buzz, hits, pr, etc.

    in other words, the more content you get out there, the cheaper you get it out there (hint: free), the more money you make: more traffic, more ad revenue, more awareness

    this is the future, and old media doesn't get it. by putting traffic stops at the doors to their content, by micromanaging who seems what and when, you don't preserve your revenue streams, you kill them by making getting to them too obscure and/ or difficult

    the guys who grew up on radio and television as their model just. don't. get. it.

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:old media logic by Anonymous Coward · · Score: 0

      Ok, I agree that a LOT of old media needs to catch up with the web. But how exactly does content hosted on YouTube make Viacom money? For example:

      All the ads that Viacom normally shows during the content are going to be stripped.
      All the ads on the site aren't making Viacom any money.
      All the views of that content, since they are hosted by YouTube, aren't tracked by Viacom. So that means even for the inline product placement ('Our hero bravely sips his Pepsi and then says...') Viacom can't offer demographic information to their advertisers.

      Also, Viacom is a publicly traded company, if I was a shareholder I'd be pissed if they WEREN'T going after YouTube. (Hell, I probably am via my 401k, but I don't directly own any Via stock, so I guess I'll stay apathetic about this. :-P). It seems to me this is a pretty common sense move if Via thinks the talks aren't going anywhere, if nothing else it might speed up the talks before they even make it to trial.

      I'm too lazy to have a slashdot account, so posted AC.

    2. Re:old media logic by Anonymous Coward · · Score: 0

      We may be old, sonny, but we know how to use a shift key! Now git off my lawn! Shoo!

    3. Re:old media logic by Anonymous Coward · · Score: 0

      the guys who grew up on radio and television as their model just. don't. get. it.

      br />Actually, [network]TV and radio exhibit the exact model you support-- don't restrict the content, just make people view a few ads to see it.
    4. Re:old media logic by pavon · · Score: 1
      Viacom does get it. Hell, they had Daily Show clips online before YouTube even existed. They just partnered with Joost to make shows available through them.

      in other words, the more content you get out there, the cheaper you get it out there (hint: free), the more money you make: more traffic, more ad revenue, more awareness
      That is the problem - they aren't getting any more traffic, or ad revenue - YouTube is. And YouTube has never gotten out of the red even though they don't (or didn't until recently) pay a dime to the people making the clips (or entire episodes, as is often the case). You think this is a more viable business model than the current system? Cutting prices to increase volume can increase revenue in some cases, but no amount of volume and no amount of exposure can make up for cutting prices to zero.

      Viacom gets it - they see that the internet is both an inevitability and an opportunity, and are actively pursuing online deals now that broadband has become widespread. But they are also businessmen that realize that something that brings in no revenue and decreases the number of people watching their content on TV or on other online venues is not good for business.
    5. Re:old media logic by heinousjay · · Score: 1

      Apparently you missed the whole dot com boom, a well as approximately one million comedy routines throughout the years. You don't make money on volume when you're giving your product away.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    6. Re:old media logic by Oligonicella · · Score: 1

      "just. don't. get. it."

      And, since they just don't get it, in your opinion it's okeydokey to rip someone off by illegally posting copyrighted material rather than just letting them wither away in their ignorance?

      Kinda like 1917 Russia, where the land owners "didn't get it", so had their land taken by force?

    7. Re:old media logic by Red+Flayer · · Score: 1

      in other words, the more content you get out there, the cheaper you get it out there (hint: free), the more money you make: more traffic, more ad revenue, more awareness
      What I think you're missing is that you only make more money if you're the one providing access to the content. The awareness only pays off if the traffic is on your site, and you are delivering the ads to consumers. If YouTube supplants Viacom as the major provider of Viacom's content, Viacom loses.

      So the trick is to allow enough 'illicit' views of your content to get publicity and drive viewers to your distribution channels, while still retaining control of the content so you can make money off it.

      Not for nothing, but the 'new media' concept has a major flaw (from the standpoint of content producers): it doesn't matter who made the content, since anyone can profit off of delivering the content. Therefore, incentive to produce expensive content is reduced.

      Now, I'm not saying that the 'old media' companies are going about finding a solution in the best manner... but from the standpoint of someone who enjoys high-production-cost content (like action films), I'm concerned that the only way I'll be able to continue getting such content is if it's even more loaded with ads as part of the content instead of prepended or appended.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    8. Re:old media logic by Anonymous Coward · · Score: 0

      "And, since they just don't get it, in your opinion it's okeydokey to rip someone off by illegally posting copyrighted material rather than just letting them wither away in their ignorance?"

      Actually yes. Viacom is an evil corporation. They don't get it, they have executives that are evil. In that circumstances, what do you want people to do? Pay them because "it's the right thing to do"? No. Download the content by hook or by crook. Kill them bit by bit. Jumble the pieces. Trust me, anything that rises from the disaster known as Viacom has to be better. It's like they're at "0". It doesn't matter if they're destroyed because whatever comes after will be an improvement.

      Viacom, if you pronounce it quickly, rhymes with "suck" and "evil".

    9. Re:old media logic by Anonymous Coward · · Score: 0

      Exactly. Viacom is getting tons of free hosting for their videos from Google. That's got to be worth at least one billion dollars.

    10. Re:old media logic by Anonymous Coward · · Score: 0

      The radio guys didn;t get it. The video guys do--they know their not making that ad revenue.

    11. Re:old media logic by Anonymous Coward · · Score: 0

      I don't know. To me this seems to be shaking out kind of like the whole "Linux on the desktop" thing. Real soon now the old media is going to go bankrupt and all new media will be both free and Free and fairies will prance about. Prance, I say! Personally, I think old media will continue about its business while new media will continue to emerge and find its own niche. For a bunch of dinosaurs who "just don't get it", these guys sure are doing an excellent job.

  37. Hypocrisy, thy name is Viacom. by trudyscousin · · Score: 2, Interesting

    In a statement, Viacom lashed out at YouTube's business practices, saying it has "built a lucrative business out of exploiting the devotion of fans to others' creative works in order to enrich itself and its corporate parent Google."

    But of course, Viacom would never, ever go after the fans, would they?

    --
    Those who can, do. Those who can't, write technology blogs.
  38. If you read the complaint ... by Anonymous Coward · · Score: 1, Insightful

    If you read the complaint ... Viacom claims that Viacom represents "one of the most important sectors of the US economy." Fuck Viacom; they're a bunch of folks who are getting rich creating the misery of others.

  39. Understandable. by Erwos · · Score: 3, Insightful

    I can understand Viacom's position here, and I don't think it's totally unjustified. That's not the same as "I totally agree with it", mind you, but I see where they're coming from. Google is using their copyrighted works to make money, and doing so without permission. Did said works get uploaded by others? Yes - but does this somehow absolve Google of wrong-doing?

    I think that last question is what's going to need to be answered legislatively and judicially over the next decade. It seems wrong that Google is profiting off Viacom's work without permission or license, yet more restrictions will hinder the development of some technologies (ala some of the proposed remedies to mass copyright infringement via P2P). This, of course, assumes there is not some sort of drastic change in how copyright is handled - which I'm sure is the solution many Slashdotters would prefer, but doesn't strike me as terribly likely in the current legislative climate.

    --
    Plausible conjecture should not be misrepresented as proof positive.
    1. Re:Understandable. by smellsofbikes · · Score: 4, Insightful

      When I send mix CD's full of copyrighted material via USPS to my friends, USPS is using those copyrighted works to make money and doing so without permission. Does that absolve the USPS of wrong-doing?

      --
      Nostalgia's not what it used to be.
    2. Re:Understandable. by Erwos · · Score: 1

      "USPS is using those copyrighted works"

      Your anecdote is more like suing an ISP because their user uploaded copyrighted materials without permission - and you'll notice that's not happening, either. If the USPS were actively soliciting mix tapes and then selling them without checking for copyrights first, do you think they'd be absolved of wrong-doing because someone else gave it to them?

      --
      Plausible conjecture should not be misrepresented as proof positive.
    3. Re:Understandable. by Erwos · · Score: 1

      correction: "uploaded copyrighted materials to some other user"

      --
      Plausible conjecture should not be misrepresented as proof positive.
    4. Re:Understandable. by Anonymous Coward · · Score: 0

      Did said works get uploaded by others? Yes - but does this somehow absolve Google of wrong-doing?

      Yes. Section 230 of the 1996 Communications Decency Act specifically says that providers aren't responsible for content on their sites which they didn't post.

      Google also have complied in taking down any material that Viacom holds the copyright to when properly identified and informed by Viacom.

    5. Re:Understandable. by bradr98 · · Score: 1

      uh...yes. it does. Since you are not makeng money off of the CD's, and if you were the Post Office is not sharing in that money, they are certainly absolved. Paying someone for a service (indirectly profiting) is completely different than directly profiting off the proceeds of an illegal transaction. In most cases I believe the court would even hold that as long as you weren't selling the CD's to your friends, that you are certainly able to share your music with them for personal use.

    6. Re:Understandable. by Anthony+Boyd · · Score: 1

      Did said works get uploaded by others? Yes - but does this somehow absolve Google of wrong-doing?

      Yes. Viacom needs to go after those doing the uploading. Of course, that costs money. So Viacom is trying to shift the work (and costs) onto Google.

      Google has a machine that shows videos. It can show good ones or bad ones. It is a tool, and nothing else. Others are abusing it for infringement purposes. They should be the ones Viacom pursues.

      I think that last question is what's going to need to be answered legislatively and judicially over the next decade.

      No. It was already answered in the previous decade. Check out the CDA.

    7. Re:Understandable. by smellsofbikes · · Score: 1

      >In most cases I believe the court would even hold that as long as you weren't selling the CD's to your friends, that you are certainly able to share your music with them for personal use.

      So explain why P2P/filesharing seems to be conviction-worthy? All a filesharer does is share music with friends for personal use.

      My understanding of copyright law -- although I'm no lawyer -- is that you can't copy copyrighted material because you don't have the copyright, whether you own a copy of the material or not. No copyright: no copying, not for yourself, not for friends, not for strangers, not for sale, not for giving away. I think that's a lousy law, but my understanding is that's the law.

      --
      Nostalgia's not what it used to be.
    8. Re:Understandable. by smellsofbikes · · Score: 1

      The USPS is actively soliciting customers -- witness their sponsorship of the US Postal Team in the Tour de France for six years. They don't care what the customers send: they just want the customers' money.
      YouTube, in contrast, isn't to *MY* knowledge spending millions of dollars on high-profile sports teams to solicit customers. They just have a space where people can put videos. They don't care what people upload: they just want viewers' eyeballs.
      It so happens that copyrighted material gets a lot of eyeballs. Posting copyrighted material is illegal, and the posters shouldn't be doing it, and YouTube has a legal responsibility to remove it as soon as they can. But I don't see any evidence that YouTube is actively soliciting copyrighted material, any more or less than the USPS does.
      YouTube isn't selling copyrighted material. If they, or my ISP, or the Postal Service, did that, it'd be clearly illegal. YouTube is making money off the illegal use of copyrighted material, but so is the USPS if I'm sending mix tapes to friends. Where's the difference?

      --
      Nostalgia's not what it used to be.
    9. Re:Understandable. by bradr98 · · Score: 1

      Under the exact letter of the law, yes, you are not able to make a copy and distribute it. There is a personal use clause in copyright law that does allow you to make a copy of a product for your own personal consumption. http://en.wikipedia.org/wiki/Audio_Home_Recording_ Act Also - it's not entirely free - you are paying fees on blank CD's and other recordable mediums that go back to groups like the RIAA to compensate rights-holders. And I would still maintain that not many judges would find against you if you say made a mix CD for your girlfriend and managed to get yourself sued by the RIAA.

    10. Re:Understandable. by webbod · · Score: 1

      When I send mix CD's full of copyrighted material via USPS to my friends, USPS is using those copyrighted works to make money and doing so without permission. Does that absolve the USPS of wrong-doing?
      You're actually comitting a federal offense.

      The USPS doesn't know and has no way of knowing the contents of your package, Google proudly proclaims how powerful it's search technology is.

      USPS deliver the package as per your explicit instructions, Google allows all and sundry to view content on YouTube.

      You pay USPS (once) to carry a package for you, Google make money by selling advertising, effectively making money everytime a clip is viewed on YouTube.

      Googles' operation of YouTube is not overly dissimilar to the way in which television stations make money - the exception being that television stations have to pay for content to fill the gaps in their advertising schedules, Google are "re-broadcasting" copyright materials without a license.

      The clips often suffer from the compression process, which presents Viacom's products in a less than satisfactory light with poor audio and video quality.

      As lovely as Google and YouTube are, they are in the wrong, but hey it's America, if you don't like a law and you've got enough cash then you can just pay for a new one to be drafted - that's democracy 2.0!
    11. Re:Understandable. by aafiske · · Score: 1

      Yeah, but what if the USPS ran a program where you give them one burned cd and a list of names, and they copy and distribute it for a low price to everyone you specify? I don't think it's clear cut that google/youtube is acting as a common carrier here.

    12. Re:Understandable. by smellsofbikes · · Score: 1

      >The USPS doesn't know and has no way of knowing the contents of your package,

      I can't tell you how many packages I've received, taped together with "this package was opened and searched" stickers on the outside...

      Anyway. I'm not saying that Google is *exactly* like the USPS, but the analogy isn't bad. It's also similar to TV stations, yes. It's somewhere in the middle. Google is presenting the material, like the TV, but their customers are providing the material, like the USPS.
      The point of the OP was that Google shouldn't be 'absolved of wrongdoing' and my point is that Google itself is providing a venue for presentation of materials, and aggressively marketing that venue. As such they're not doing anything wrong. However, they benefit from contributors who provide copyrighted material, so it's in their interest to follow the law on copyright as little as they can. They do a cost/benefit analysis and chart a course that provides the best popularity/liability ratio. I'll bet Google has analysts who have calculated how long to leave a copyrighted bit of material up after receiving a takedown notice, such that they will maximize eyeballs while staying within legal parameters, and have probably coded this into an automated routine.

      This gets into issues of intent to violate the law, much the way Napster did: if you advertise or represent your company's services on behalf of illegal actions, it makes sense to hold you responsible. If your company is being used for illegal actions without your knowledge, you shouldn't be responsible. In this case, Google benefits from its services being used illegally, but it's not apparent to me that they make any effort at all to encourage such use. (While, on the other hand, it would actually be against their interest to vigorously discourage such use.)

      The problem is that copyright law is binary: either you're violating or you're not. I think Google is in an area between clearly responsible (like TV stations) and clearly not responsible (like the USPS) in the same way Napster was. At that point, what it comes down to is how the company represents its intents, which determines how it fits into the violating/not violating law realm.

      --
      Nostalgia's not what it used to be.
    13. Re:Understandable. by smellsofbikes · · Score: 1

      Oh, I don't think it's clear-cut at ALL. They cannot be regarded as acting strictly like a common carrier, because they stand to benefit financially from copyright violation, but even THAT isn't clear because they're benefitting from the side-effect (ad revenue) rather than from the violation itself.

      It's a very muddy situation, and that mud is to Google's benefit. But with that (and a lot of stuff I've written elsewhere in this thread) said, it's not clear to me that Google is encouraging copyright violation or representing YouTube as a clearinghouse for copyrighted material.

      This does bring up a question about common carrier status, though: if Google is required to analyze what YouTube is showing and remove copyright violating material from it, do they have to similarly analyze every little webpage for copyright violations against other websites or all the books in the world? If so, does the phone company have to start analyzing phone calls for when I play copyrighted music over the phone to a friend? I would argue no, in the latter case, because the phone company does not directly benefit from copyright violation per se, just from the call. YouTube is directly benefitting from the copyright violating material, because it's not available elsewhere (legally.) In only one of the cases are the service and data tied together. However, the web page thing is, again, in the middle.

      I think it comes down to what the service represents itself as providing.

      --
      Nostalgia's not what it used to be.
    14. Re:Understandable. by Anonymous Coward · · Score: 0

      If the USPS existed soley for the purpose of shipping end user created audio CDs then maybe you would have a point. Your comparison to the USPS is about as valid as me comparing you to someone with an ounce of intelligence. (Before anyone gets cute I realize intelligence isn't measured in ounces... bloody /. junkies)

      The point here isn't whether or not Google 'allows' folks to upload copywritten content (the infact do provide users with the ability to do so). The question is whether or not Google willingly looks the other way so as to profit from said copywritten material. Given the sheer volume of copywritten crap on youTube I find it hard to believe Google polices the content all too vigorously... especially when you can search from the same title as one removed clip and find 20 more of the same name and content.

    15. Re:Understandable. by Anonymous Coward · · Score: 0

      Um, USPS is a "private channel". YouTube is a "public channel". They are not the same.

      This is your brain...thinking.

    16. Re:Understandable. by Anonymous Coward · · Score: 0

      No they are not at fault read the DCMA they are the provider and have specific rules against the posting of copyrighted material. The posting user should be sued not Google. However all lawyers will go for the deepest pockets first and Google is one of the deepest you can get.

  40. Bound to happen by Azathfeld · · Score: 2, Funny

    If they didn't sue over this, Viacom was going to sue Google over the defamation inherent in their "don't be evil" motto. They still face possible pending charges under that from the RIAA; SCO; Microsoft; Halliburton; the Republican party; Al Qaeda; Dr. Evil, natch; and, oddly, Bono of U2 fame.

    1. Re:Bound to happen by hooded_fang · · Score: 1, Funny

      really, Bono is far more of a flaming promosexual

  41. Pretty simple, actually by Moraelin · · Score: 1

    Why didn't they sue before Google bought YouTube?


    Because the original YouTube didn't have much of a money-making model, and certainly not one tied to the actual content played, while Google can actually match ads to it. E.g., if you search for videos about cooking, they can try to sell you a cookbook. (Well, at least in an ideal world where that keyword matching actually worked, and people actually set the right keywords.) So in a sense, now Google's income actually depends on covering the whole content spectrum. Any niche they don't have covered, is a niche they can't serve you ads for. I.e., in a sense, Google actually makes a little money out of helping share all that pirated content.

    And that can make quite a bit of a difference for a lot of people. Using their IP can be anywhere between ok and an irritation for most people, but they'll turn outright hostile if you make money out of unauthorized use of their IP. E.g., chances are noone will go after you if you use someone's characters for a little fan story, but they'll turn very hostile if you proceed to print your fan stories as a book and sell it. E.g., Blizzard won't come after you if you just use WoW to make a silly music clip, but if you proceeded to use those as ads for your own products or sell DVDs with them, chances are they'd want their share.

    Note that in all the above I'm not debating whether IP is right or wrong, or whether it should exist, or whatever. Just the way it works atm.
    --
    A polar bear is a cartesian bear after a coordinate transform.
  42. Thoughts of copyright change by DKlineburg · · Score: 1

    This is interesting. How much do we all use YouTube. With computers the way that they are, we all can take video from the TV and make it what we want on the web. Computers have made it so Intellectual property as such is changeling. I guess I don't have a problem with an industry not making a lot of money over things that we could all make. The difference will come down to quality not quantity finally. I have thought that Hollywood was "Making another one!" Think about it, how many teen movies, or scary movies have there? Another teen movie, epic movie? Do we really need another? Yes it does supply mild entertainment, but we are smart enough to entertain ourselves. We have been given the tools and the masses say they like them. If you read the article Viacom is the only one who wants to sue. Not sure where copy rights are going, but they are changing. All thanks to a little thing called computers. IMHO reality TV was the first step. Once the people at the big business learned they could make millions on a few people and only pay one of them; Survivor; that was the breaking of the dam. It is a small wonder that we the people have done the opposite of them.

    --
    Memory is deceptive because it is colored by today's events. - Albert Einstein
  43. Point of interest by styryx · · Score: 1

    If Wikipedia cannot be sued then how can Google?

    IANAL; but to a layman the cases seem equivalent.

    1. Re:Point of interest by geoffspear · · Score: 1

      Google is profited from hosting huge amounts of copyrighted material. Wikipedia was making no profit whatsoever for briefly hosting a potentially libelous statement. To an idiot the cases seem equivalent.

      --
      Don't blame me; I'm never given mod points.
    2. Re:Point of interest by styryx · · Score: 1

      Google is not making profit from hosting the material; merely through adverts. It is the 'common carrier' angle I was getting at. Yes! To a monkey they are equivalent on the surface level; however, from a legal perspective (which I can clearly see you don't have) Wikipedia's defense rested on the fact it was people posting to the site. So essentially was no different from an internet forum... Oh, but I'm guessing you, in your infinite wisdom, are able to discern between Wikipedia and other internet forums; the law, however, agreed with Wikipedia. Things must be posted before they can be removed. They are equivalent, therefore, in that both are people-created; an idiot can see that equivalence!

    3. Re:Point of interest by geoffspear · · Score: 1

      Right, and Viacom doesn't make money by showing TV shows that people want to watch on their cable stations, they make money by showing advertisements. I'm shocked that their shareholders haven't demanded that they stop showing any content at all, and moving all of their stations to a 24-hour ad format. Or that Google's haven't demanded that YouTube show hosting video at all, and instead just show pages full of thousands of ads. Think of all the revenue!

      If you're too dumb to get sarcasm, let me spell it out for you. Advertising only makes money if people see the ads. Google gets people to see their ads by hosting video.

      --
      Don't blame me; I'm never given mod points.
    4. Re:Point of interest by styryx · · Score: 1

      Oh, my oh me. Now it's all so clear. Yes! Advertising is where they make money...

      Lose track of the original argument or did you misinterpret it to begin with?

      The reason Viacom are suing is too obvious to mention. Probably why I wanted to clarify the point with a lawyer's perspective. However, thank you for the education! The way a business can acquire money through... what did you call it again? Advurtosmants? Well, yes, quite. That IS good to learn.

  44. Re:If I were Google, I might just pay it. by svendsen · · Score: 1

    Until you have 10 companies each sure for a billion after google pays out. And that will cover all content up to the point of the lawsuit. Next year when they have content they shouldn't have up all the companies will be back. How long could google last with constant lawsuits?

    How long will youtube last when all the commercial stuff goes away?

  45. Question by pembo13 · · Score: 1

    First of all let me start of by saying I think that this entire thing is stupid, and is purely out of greed and has nothing to do with some great goal of protecting ones work, but since that's not going to change, I have a question:

    If Google pay's that fee, which seems quite large, does that give then retroactive ownsership of all Viacom material?

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:Question by svendsen · · Score: 1

      Depends on what the settlement says, however I doubt ownership would ever be discussed. More likely they could reach and agreement where all current Viacom stuff can stay up or the agreement could say all viacom stuff must come down. And it will not protect them from future lawsuits either.

    2. Re:Question by apt142 · · Score: 1

      And it will not protect them from future lawsuits either.


      True. And in all likelihood, it would encourage more lawsuits. Blood in the water and all that.

      I can't imagine Google would settle for that reason alone. They've got a lot of assets but they'd be dumb to let that floodgate open.

      They had to know what was going to happen to them when they bought YouTube. So, what is their long term game here?
  46. Spoiling for a fight by Spazmania · · Score: 5, Interesting

    Google has been spoiling for a fight over the DMCA safe-harbor provisions for some time now. Their book search and regular search business depends heavily on that part of the DMCA's enforceability. Without it, the Prodigy and Napster decisions could be used to annihilate Google and every other modern search engine.

    Its far better for Google to explore the ramifications via a subsidiary company that can be cut loose to die if need be.

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    1. Re:Spoiling for a fight by amper · · Score: 4, Insightful

      This was actually discussed quite a bit here on Slashdot back when the Google buyout was announced. The general feeling was that because much of Google's business model and future plans depends so heavily on the eventually outcome of the inevitable lawsuits that sites like YouTube are going to generate, that Google needed to buy YouTube just so they could be a party to those lawsuits, and use their considerable legal and financial resources to try to ensure that they get a favorable ruling.

    2. Re:Spoiling for a fight by Znork · · Score: 3, Interesting

      "and use their considerable legal and financial resources to try to ensure that they get a favorable ruling."

      I doubt there's any point to that; the courts basically cannot resolve this issue in any useful way within the current legal framework. The idea of handing out monopolies might have been useful when the point was to keep the kings friends rich and happy and the content controlled, but they simply cannot be reconciled with a free market economy and todays rate of technological and content evolution. As long as the system is tied to monopoly rights you only have the choice of who you're going to allow to screw everyone else (which fundamentally means, the more 'IP' we have, the more all of us are going to get screwed (and in slightly more economical terms, the more waste we'll get in the system due to monopoly inefficiency)).

      It would be more useful to engage in actively trying to fundamentally restructure the 'IP' incentive system to a fundamentally non-confrontational incentive system. Look over the foundation.

      Some say we need an incentive to be creative. While I personally disagree to a fair extent (and things like free software indicates otherwise), ok, I'll buy that maybe some people do need an incentive, and that some creative talent could be more creatively productive if they had a certain economic security. As the point of an intellectual incentive system would be to maximize creativity, that leads to the conclusion that we somehow may need to finance creativity beyond what a fully competetive market would do. So, say, a popular creative work of value to many people should conceivably generate enough revenue for the creator/participants to live off for a certain time (too short would be bad and an insufficient incentive, too long and there would be no (again, claimed) economic incentive to create further works (and spend too much on a single creative work, and you get fewer works for total economic resources spent instead).

      So, how do we determine what works merit incentive? Let the free market handle it; works that get copied the most, ie, are most highly desired should probably be the first to receive incentives (until their useful payout is exceeded, the authors et. al die, etc, and the incentive no longer serves the creative purpose). As there would be no right to prevent copying anymore, there would be no particular reason to avoid reporting the numbers of copies being made, ie, it would free up anything from p2p networks through youtube, IPTV broadcasters, network radio broadcasters, etc, to record popularity of works and lay the foundation of who gets paid.

      Then the final question becomes, how does one finance the system? First, realize that the current system is essentially a tax. The costs to the economy are very real and altho the copyright holders have a strong incentive to shut up about the actual costs to the economy, the billions they collect are as real as the billions the IRS collect. The difference is, with the billions the IRS collect, there's actually some theoretical and nominal responsibility and accounting of the costs to the economy and what they're used for.

      As responsibility, accounting and some form of democratic control over incentive systems is generally regarded as a good thing, I'd say moving the collection of revenue and responsibility for the system over to the state agencies usually responsible for such things to be fairly reasonable. So where in the economy would it be most equitable to collect the funding? Personally, I'd say, where the money's made. IE, slap a tax on youtube ad revenue. Slap a tax on movie theatres. Slap a tax on IPTV revenues. In fact, slap a tax right over anyone who makes money off selling, distributing, or performing the works in question. As the works being played is recorded and accounted for (something which is already done in most cases), the funds gathered from display of that work will primarily be going to the creators of the work, making sure the incentive generated is both as equitably gathered and a

    3. Re:Spoiling for a fight by john83 · · Score: 1

      I think it's worse than that. I think they'll settle out of court and wind up with an exclusive deal for Viacom's stuff... net result is Google has the content legally, and only Google.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    4. Re:Spoiling for a fight by monkeydo · · Score: 1

      Which DMCA provision are you referring to? The only safe-harbor provision I know of requires them to "expeditiously remove" infringing content.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    5. Re:Spoiling for a fight by Spazmania · · Score: 1

      And protects them from liability for infringement so long as they do so.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    6. Re:Spoiling for a fight by monkeydo · · Score: 1

      Which is exactly what Viacom says they didn't do. So Viacom says they didn't comply, Google says they did. What does the resolution have to do with the validity of the safe-harbor provisions? And why would Google question the validity? Without safe harbor, they automatically lose.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    7. Re:Spoiling for a fight by Spazmania · · Score: 1

      Incorrect. Viacom says YouTube failed to prevent infringing material from being posted and therefore contributed to the infrigement. That's a whole different animal.

      The DMCA says that YouTube has no legal duty whatsoever to prevent its users from posting infriging material. Instead, their duty is to follow the prescribed take-down proceedures upon receiving notice from Viacomm or others that a particular posting infringes.

      Viacomm is trying to make an end run around the law here but there aren't any good precedents in the case law to head them off. In other words, no one noticeable has sued and lost. Google faces the same vulnerability with its web and book search engines.

      Google needs a behemoth like Viacomm to sue, lose, appeal, lose again and by doing so validate the DMCA's safe harbor provision for service providers.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  47. Revver.com checks by sweetser · · Score: 1

    Hello:

    I've posted clips from TheStandUpPhysicist.com, the education arm of my unified gravity and EM field theory using quaternions. I got a nice OK from YouTube, no questions. At Revver, they said thanks, but are you sure you have permission to use that song? It was "Math Prof Rock Star" by Jim's Big Ego, a perfect tune for the most nerdly narrowcast theoretical physics show ever. The song is licenced under the creative commons license attributions, non-comercial, share-alike license. Hoping to make billions off of the shows, I had negociated with JBE's business manager, and had agreed they get a percentage.

    I told the revver folks that story. Sorry, that wasn't good enough. They wanted to see either the contract or get an email from JBE. A few emails later, and the clips are up on Revver.com. So I think revver.com is investing time and money in the process of due dilegence on copyrights.

    Revver is better, they share the wealth.

    doug
    TheStandUpPhysicist.com

    --
    Working on new views of old physics at http://VisualPhysics.org
  48. Re: Captain Obvious by Anonymous Coward · · Score: 0

    Six months ago, I said this was bound to happen to Google.

    Wow. This makes you either incredibly insightful or Captain Obvious.

  49. supply and demand by chinard · · Score: 4, Insightful

    its all about availability of content.

    Viacom is doing NOTHING to make this content as available as it has become in youtube.
    Maybe if they did, and put in their own advertising, they'd be making the ad dollars off this content instead of loosing it to youtube.

    1. Re:supply and demand by Anonymous Coward · · Score: 0

      "losing"

    2. Re:supply and demand by Anonymous Coward · · Score: 0

      its all about availability of content.

      Viacom is doing NOTHING to make this content as available as it has become in youtube.
      Maybe if they did, and put in their own advertising, they'd be making the ad dollars off this content instead of loosing it to youtube.
      Ehem.

      Viacom suing YouTube (Google) is just one of the steps they 'need' to take in the deal with Joost. The thought is: why would anybody try Joost if you could get the same material from YouTube?

      Slow != nothing.
    3. Re:supply and demand by ObiWanStevobi · · Score: 2, Interesting

      Well, the Comedy Central site does have a pretty large amount of video up, with their own advertisements. That has to be pretty annoying to them, that they put up their own infrastructure for web video, yet everyone is watching the same clips on YouTube and Google is getting the advertising $. Plus it's the same content they are trying to sell over Windows and Xbox Live.

    4. Re:supply and demand by Dasmonger · · Score: 1

      Let's be honest, the whole point of YOUtube was for the content to be created by "YOU" the users. Not cherry picking the best segments from shows and movies and then let google profit from it?? Youtube should keep to users created content. You know, all those wonderfull video clips of talking people that think they have something interesting or funny to say... Oh wait that's not getting all the views. Let's just let the users steal clips from movies and shows and sell the ads there. What kind of business model is that? BTW When I finally went and saw Borat (I know not Viacom, but Fox), It was a total waste of my time and money as I had already seen all the best clips on Youtube... ruined it for me. Dasmonger.

    5. Re:supply and demand by Cigarra · · Score: 1

      "losing" No, you don't get it: Since Viacom loosed the content, Google was able to grab it...
      --
      I don't have a sig.
  50. proactive = shackle people by unity100 · · Score: 1

    to the extent that you control everything so that they cant do anything you dont want.

    this is what proactive is.

    viacom can shove their intellectual property up their arses - as long as they have that 'control people so that we can squeeze as much money from them' philosophy, they are going to be pirated.

  51. You want a cookie? by Lanoitarus · · Score: 4, Insightful

    Look, im sorry- I really don't mean to flamebait here. In fact, I really ought to post this as AC just to avoid the karma dock. But Im not going to. Are you really patting yourself on the back for predicting that someone would sue google 6 months ago? Did you miss the hundreds of other analysts, newspapers, and critics that said the same thing? Did you miss how the one of the biggest aspects of the merger being talked about by wall street was the escrow account for copyright issues?

    So congratulations, you predicted that google would get sued over YouTube. With insight like that, maybe you could get a job forecasting the weather in LA (today: sunny. tomorrow: sunny...). Or maybe you just wanted to shamelessly link your blog.

    Anyway, if anyone needs me, ill be over in the corner modded down to -infinity, flamebait. But at least I wont be claiming to be a genius for predicting that the sun will rise tomorrow morning (REALLY! ITS TRUE, WAIT AND SEE!).

    1. Re:You want a cookie? by dopenkly · · Score: 1

      Funny, funny, stuff!

    2. Re:You want a cookie? by fair_n_hite_451 · · Score: 1

      Man, there's never a "-0, Bitter" mod around when I need one. ;-)

      --
      Reason why there is hope for the future generation #364:
      "I wish my grass was emo so it could cut itself."
    3. Re:You want a cookie? by coredog64 · · Score: 1

      Gail: Harris, are you sure it's a good idea to pre-tape the weather? Harris: Sure, this is LA. What could happen? http://imdb.com/title/tt0102250/

    4. Re:You want a cookie? by Kennego · · Score: 1

      Wow, wouldn't you be red in the face if the sun didn't rise tomorrow...

  52. gagillion, fafillion, shabolubalu million by Anonymous Coward · · Score: 0

    Or in "Goldmember", Dr. Evil demands

    "One billion, gagillion, fafillion, shabolubalu million illion yillion...yen. ..."

    (Or something like that)

  53. Yes, it was quite predictable by Anonymous Coward · · Score: 0

    The battle had to happen sooner or later. Now it will be interesting to see how it turns out, especially since YouTube has "Safe Harbor" protections under the DMCA and has been honoring all take-down notices and identification requests as required by the DMCA.

    Basically, if Viacom wins, then the court will be striking down the same portions of the DMCA that protect ISP's from these same charges.

  54. Fuck 'em all by Quiet_Desperation · · Score: 1

    Just rich jackasses siccing their lawyers on one another. Frak the whole lot of them. Just never buy a CD or DVD again. What more can you do?

    Oh Noes! I said frak! Does I violates someones copyrightness? Oh, woe am I!

  55. DMCA Title II? by hey! · · Score: 1

    Well, they may qualify under DMCA Title II for safe harbor. It would have been a bad idea for Google to buy YouTube without checking their compliance with the safe harbor requirements. It looks like they currently are trying to comply wiht DMCA safe harbor requirements (http://youtube.com/t/dmca_policy).

    So -- if Viacom didn't file any infringment notifications, or if they did and YouTube complied, then they'll have an uphill fight to claim any damages.

    Google's technology puts them in an interesting and potentially vulnerable position. Given that they can target ads towards YouTube users based on content, might they be able to detect and control the posting of copyrighted material? It's a quite a stretch though.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:DMCA Title II? by Puk · · Score: 1

      I don't know why more people aren't talking about the DMCA safe harbor. I've heard plenty of allegations (mostly true, I imagine, electric slide videos notwithstanding) that YouTube carried copyrighted videos. I've heard few or no rumors that they've refused to take them down when notified, or have not been reasonably timely in doing so.

      Of course, rumors are not evidence, but it seems likely that they're going to mount a pretty strong DMCA Safe Harbor-based defense. This is what the safe harbor is for.

      -puk

      p.s. Mod parent up.

  56. Consumers release a press release ... by Bill,+Shooter+of+Bul · · Score: 1

    "Viacom's strategy has been to avoid taking proactive steps to curtail the rights of consumers, artists and ninjas," Everyone with half a brain said in a statement. "Their business model, which is based on creative accounting to traffic and steal music from artists to 'license' to consumers and then sue everyone with a listing in the phone book, is clearly illegal and is in obvious conflict with copyright laws, as well as 250 state an national laws on monopolistic behavior and sodomy.'

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  57. a reverse buyout offer? by oliphaunt · · Score: 1

    Anyone else think this is Viacom's way of putting on that sexy dress, just hoping that Google will take her to the dance? What's to prevent Google from settling this lawsuit by just purchasing Viacom outright (and firing all of their employees)?

    You don't have to license the content when you own it outright.

    --




    Humpty Dumpty was pushed.
    1. Re:a reverse buyout offer? by svendsen · · Score: 1

      so google avoids a lawsuit for breaking the law by buying out the person suing them? Interesting strategy to say the least. Though something about that idea doesn't sit right with me.

    2. Re:a reverse buyout offer? by MikeBabcock · · Score: 1

      I initially thought that might be how IBM would deal with the SCO situation. The court case has probably cost them more in the long run.

      --
      - Michael T. Babcock (Yes, I blog)
  58. Why Sue for a Billion? by Anonymous Coward · · Score: 0

    Shouldn't they sue them for a googol of dollars?

  59. Prolly a reason why YouTube exists by themushroom · · Score: 2, Insightful

    Not to imply that YouTube is in the right for having copyrighted materials or Viacom is in the wrong for wanting to rein in their material, but... ...Possibly the reason why copyrighted stuff gets put on YouTube is so others can have it because the owners aren't making it available. (This is also my excuse for certain people's P2P activites -- such and such isn't available through 'official' channels, you can't just run out and buy it, and some nice person with it has shared.) If Viacom doesn't want it on YouTube, they should ante up the goods so there isn't a p1r4t3 market for it.

    Bless YouTube for giving the power (and 1980's "Time for Timer" PSAs) to the people.

    1. Re:Prolly a reason why YouTube exists by svendsen · · Score: 1

      I don't agree with this at all. If I own luxury media and only release it via certain channels and you can't get it via those channels you are not entitled to get it through illegal channels. We are talking about luxury goods here not some medicine which will save millions of lives.

    2. Re:Prolly a reason why YouTube exists by bradr98 · · Score: 1

      Bingo. If you own something that someone else wants, you are under no obligation to make it avaiable to them, and if they obtain it without your permission, it's theft.

    3. Re:Prolly a reason why YouTube exists by Krakhan · · Score: 1

      You're confusing tangible goods with digital ones. In addition, how can you claim theft (i.e. lost profits) when you didn't even have the opportunity to make it available to someone through other channels in the first place?

    4. Re:Prolly a reason why YouTube exists by bradr98 · · Score: 1

      So if you created a very popular website where you (for instance) wrote poems, and had a lot of traffic and you sold ads on that website (or charged a user fee), it's ok for me to come in and take your popular poems and copy them onto someone else's website where they sell banner ads? That is OK because you have created digital goods vs a tangible good? And then the actions of stealing that content are defended by saying, well you didn't want to give it to me or let me use it in any other way so I had no choice? That just holds no water at all. Copyright holders are the only people that get to determine how their property is used. That's it. Using it without that permission is theft. The value is only relevant in this case because they are suing for $xx, regardless of the amount of moeney you may or may not make, it is still theft of IP.

    5. Re:Prolly a reason why YouTube exists by Anonymous Coward · · Score: 0

      Of course, this all assumes one can 'steal' content, when there's no theft that occurs at all, just copying (yes, there is a difference).

      This is just a sign that the content providers can't think of any other kind of business model other than the old ones, and your laughable example shows that.

      Also, format your damn posts with paragraphs already.

  60. If this is the case... by milamber3 · · Score: 1

    In a statement, Viacom lashed out at YouTube's business practices, saying it has "built a lucrative business out of exploiting the devotion of fans to others' creative works in order to enrich itself and its corporate parent Google." Then how do they justify all the people like her. There is no way you can claim she took that content from anyone. There are countless examples of this type of video and that is what youtube is built on. Just look at the top rated videos, I don't see anything but infringing material on the first page at the time of this post. I hope Google fights this out and takes it to a jury trial. I would bet at least half the jury would have used youtube and understand that it is not all infringing works and Google can't be responsible for every user which uploads a clip.
    1. Re:If this is the case... by RiddleofSteel · · Score: 1

      Unfortunately the Viacom lawyers will just make sure most of the Jury is over 40 and has never used YouTube. Though I really do hope Google lays the smack down on them. This constant battle over media needs to come to a head, and this might do it.

  61. The TRUE Value of the Content by mauriatm · · Score: 1

    Agreed.

    The thing that always bugs me about television is that once it is broadcasted often it is impossible to find/watch again. Granted many shows are coming to DVD, as well as some special's but the bottom line is that there are some true gems (whether news, SNL clips or foreign commercials) that cannot be bought by any other means. While I'm not advocating ignoring copyright, I do think it is silly that Viacom thinks that all the content is worth a billion dollars when less than 0.001% of the people would probably buy it.

    This reminds me of the RIAA's outrageous claims on how much every song is worth (only when pirated, but not necessarily related to actual sales). Profit by litigation.

  62. Google is quite capable of doing stupid things by ClosedSource · · Score: 1

    I don't see why the management of Google can't be morons once in awhile.

    1. Re:Google is quite capable of doing stupid things by krotkruton · · Score: 1

      Assuming, of course, that buying YouTube was stupid, which has yet to be seen. Getting sued isn't really a measure of the intelligence of an action... losing the lawsuit might be a better indication.

  63. Attorneys' Fees by BlabberMouth · · Score: 1

    The attorneys' fees and other expenses that will be expended on this case are substantial, but not significant enough to challenge the resourcefulness of either company.

    A high powered New York Law Firm might charge 750 an hour for a partner, 275 for an associate, and 150 for a paralegal. Even if they have a staff of 3 partners, 6 associates, and 18 paralegals putting all their time on this case, then they will be paying around 15-20 million in fees a year. Their total legal budgets are probably well over that as it stands, although probably not including this litigation.

  64. But then nobody will ever see it ! by a1mint · · Score: 0

    The networks don't want their bits on youtube. But why not? Noone will ever see the content then, because the networks don't provide access to a lot of the content.
    Take "The New Twilight Zone" for instance. I don't think it's on any network on tv, ever. I want to see it, but they won't let me. I haven't seen it in any store either. And don't try to sell it to me for $20 per freaking episode either. Sell a nice box set, season by season, in Walmart for, say, $40 - I would buy that.
    Why is it so bad to show bits and pieces on youtube? It raises excitement, and will expose people to a potential new market.
    The networks can't have it both ways.

    I'm against the lawsuit. Do something, anything.

    Oh, well, soon, we'll have 100% anonymous p2p systems. Everything scattered and encrypted, even on the harddrive. There is nothing they can do to stop it.

  65. Has anyone else noticed... by realinvalidname · · Score: 5, Funny

    ...the entertainment industry's lawsuits are way more interesting than their TV shows, movies, and records? Maybe they should formally change their business model and go primarily into lawsuits as a creative medium.

    1. Re:Has anyone else noticed... by l3v1 · · Score: 1

      ...the entertainment industry's lawsuits are way more interesting than their TV shows, movies, and records? Maybe they should formally change their business model and go primarily into lawsuits as a creative medium.

      Well, no problem there, they got the message, and they are just doing it :]

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
  66. CBS Uses YouTube by _bug_ · · Score: 1

    I wonder how CBS's official use of YouTube is going to play a part in the trial. Viacom may already have lost as they are putting their own content up on YouTube. Might YouTube's user agreement open up their content for others to post?

    1. Re:CBS Uses YouTube by cdrguru · · Score: 1

      There is a difference between willing and unwilling. Ask any female.

      If it is your idea, it is great. If it is someone else's idea it isn't so great.

  67. Thank you for that by iceperson · · Score: 4, Funny

    I really appreciate you coming down from your clearly enlightened high horse long enough to type that up...

  68. My Letter to Viacom by zzug · · Score: 1
    This lawsuit seems pretty evil to me, so here's the letter I wrote to Viacom (press@viacom.com):


    Dear Viacom,

    I am writing to ask that you immediately drop your lawsuit against Google, Inc. While copyright law remains a fascinating and somewhat nebulous area in our society, the social implications are clear. People love sharing and viewing videos on the internet. For years I tried watching clips of the Daily Show, and other Comedy Central programming on a frequently slow or broken Real Audio or Windows Media format. I had given up watching the show because of the frustration. YouTube returned to me the ability and pleasure of watching Jon Stewart as well as Steven Colbert, and helped me to love these shows.

    As of today I will begin a boycott of any and all products advertised during these two shows, until such time as the lawsuit against Google is dropped. YouTube has done a great service for Viacom - renewing interest in your programs and distributing them at no charge to you. The highlight clips created by YouTube users are far superior to what your site has to offer. As a viewer I will not stand by and watch this corporate greed, and I intend to use my financial and social influence to ensure that your company desists in its inappropriate actions.

    Once again, no advertiser on The Daily Show, The Colbert Report, or any other program aired by Comedy Central will see a single dollar of mine. Please be assured that I will email each of these boycotted companies individually to inform them of my choice.

    Sincerely,

    zzug
    [address]
    [email]
    [etc.]

    1. Re:My Letter to Viacom by svendsen · · Score: 1

      "For years I tried watching clips of the Daily Show, and other Comedy Central programming on a frequently slow or broken Real Audio or Windows Media format. I had given up watching the show because of the frustration."

      Ummm you found it to hard to turn on the TV and tune it to comedy central every night? Or record the show and watch it when you wanted to?

    2. Re:My Letter to Viacom by zzug · · Score: 1
      Actually no cable...

      Hard to believe I know.

    3. Re:My Letter to Viacom by svendsen · · Score: 1

      I can believe it. I've come close several times myself to getting rid of it but I really like the history channel.

      But still Viacom does provide ways for a person to see the show, now whether or not the person wants to pay for it (or except the limitations) is another matter.

    4. Re:My Letter to Viacom by svendsen · · Score: 1

      ACCEPT...I can spell really... :-(

    5. Re:My Letter to Viacom by FinestLittleSpace · · Score: 1

      Yeah, good luck with that.

  69. He's a better person than you by iceperson · · Score: 1

    At least he seems to think so...

  70. Why not do what RIAA does by Anonymous Coward · · Score: 0

    I dont understand why they dont do what the RIAA does and target the end users, they can get the cash from them !

  71. But what about advertising on Viacom's sites? by Anonymous Coward · · Score: 0

    You can view clips of "The Daily Show with John Stewart" and the "Colbert Report" on Comedy Central's websites. Comedy Central (http://www.comedycentral.com/) has click-through ads located on its websites, so You Tube is basically stealing content from them as well as advertising dollars.

  72. Article on MSN?!? by adjwilli · · Score: 1

    Does anyone else think it's funny the link goes to MSN? I'm sure they published that piece with a big smile.

  73. Tuesday? by plastic_grass · · Score: 0

    Is it Tuesday already?

  74. Actually they do... by Anonymous+MadCoe · · Score: 1

    But they would like to see some of the money that's being made. Having soemone else just make money with your product does not make any business sense, old or new...

    If you look at things the "old" and "new" media, as you like to call it, are quite similair, make content, distribute, make money because people watch it...

    I assure you, the future is not producing content and having other people make money without seeing any money yourself.

    My advice to you, if you want to comment on something, get a decent understanding of the subject first....

  75. Scheme by Anonymous Coward · · Score: 0

    1. Upload copyrighted content to YouTube.
    2. Sue Google!
    3. ???
    4. PROFIT!!!11

  76. But wait! by Anonymous Coward · · Score: 0

    I really did make Star Wars! Jerks always trying to get a piece of my pie.

  77. But they'll settle for... by Nom+du+Keyboard · · Score: 1

    But they'll settle for $3,500, and a promise to not infringe again.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  78. Something Stinks Here by Nom+du+Keyboard · · Score: 2, Insightful
    First Viacom broadcasts it, over public airwaves, for free, as in beer.

    But when it's posted for free, as in beer, they sue.

    There's something rotten in more than Denmark here.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Something Stinks Here by Anonymous Coward · · Score: 2, Insightful

      It's nothing to do with the fact that when Viacom broadcast it, the content is padded with their ads that make them money, and when it's on YouTube, it isn't? I'm not saying I agree with their lawsuit, but it seems you're just ignoring reality to get a nice soundbite.

    2. Re:Something Stinks Here by alienmole · · Score: 1
      Viacom doesn't broadcast for free, the content is paid for by advertising, which is income Viacom doesn't get when someone else distributes the content without authorization. But the income isn't the only thing which matters, the whole point of copyright is to protect work when it's distributed, whether it's for free or for payment. Copyright means they, as copyright owners, get some control over how people who don't own the copyright use the work.

      There's something rotten in more than Denmark here.
      Perhaps, but you're going to have to muster a more robust argument than "they broadcast it over public airwaves for free".
    3. Re:Something Stinks Here by geekoid · · Score: 1

      The point is the content is free to the consumer.

      What difference soes the delivery mechinism make?

      Clearly there is something wronf in DEnmark, Denmark being the overlaop between old distribution and new distribution.
      Clearly the buggy whip owners are upset.

      Copyright is dying, and the only way to keep it around is to make it more citizen friendly.

      You can put all the laws in the world against it, but if a large enough segment of society doesn't obey, it is a meaningless law.
      It is a metter of reality that someone could start a youtube clone right now. Hell everyone could make a youtube clone right now.

      They would be bettr off not paying those lawyers and getting some business people to figure out a way to use YouTube to their advantage. Or develop a cheaper way of determining content that they own and send take down notices to Google. Of course, it will never be cheap enough to get rid of You Tube like sites.

      This doesn't even address the issue that the consumer can not be realistically liable for what other peaople do.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Something Stinks Here by alienmole · · Score: 1

      Copyright isn't dying, although it may appear that way when you look only at work that's consumed by the general public. Copyright gets used throughout the business world, because we have a largely knowledge-based economy, and without copyright the entire economic system would fall apart, pretty much overnight. Copyright isn't just about movies and music.

      That said, the way copyright is used in the consumer space is changing, and that's what this lawsuit is about: Google and Viacom are fighting for their piece of the pie. You can't dismiss Viacom as being a buggy whip owner, because unlike buggy whip owners, Viacom invests in and produces plenty of content that people actually want.

    5. Re:Something Stinks Here by Afecks · · Score: 1

      I'd like to add that even if the people that posted Viacom content on YouTube didn't remove the advertisements, it would still be impossible for Viacom to turn around and charge their sponsors for those ads. If Viacom doesn't make enough money then they stop making content.

      What needs to happen is that Viacom and Google make some sort of arrangement so that Viacom can get revenue from copyrighted content on YouTube. That way everyone wins; Viacom, Google and the consumers. In this billion dollar winner-take-all lawsuit somebody is going lose and if it's Google, we are back where we started. Which is, Viacom not meeting the consumers demand for their content.

  79. viacom by Anonymous Coward · · Score: 0

    From a company that stole sponge bob.

  80. What advertising? by e-scetic · · Score: 1

    I must be missing something, but where is the advertising that YouTube supposedly displays alongside copyrighted content? I was just looking at YouTube, I didn't see any ads anywhere.

    Can someone point out a YouTube clip that is both copyrighted and has advertising?

    Otherwise, if not, and if Viacom is saying that YouTube has profited from the display of advertisements next to copyrighted content, then they're going to have a hard time making that case in court.

    Also, it seems to me YouTube only provides a means to display movies, and ordinary users provide the movies. To my mind the closest analogy (here we go) would be my sticking a DVD in my DVD player and inviting all my friends to watch the movie. The maker of the DVD player can hardly be said to be responsible for my using it illegally.

  81. Lost cause. by JustNiz · · Score: 1

    There have already been several cases that have set or reinforced the legal precedent that people/companies running forum-style websites are not responsible for the content posted there by the public.

  82. Re: Your sig [off topic] by Theaetetus · · Score: 0

    If you can tell me whether or not I am going to give you a million dollars, I will give you a million dollars.

    You realize that you've got a loophole here?
    I say, you're not going to give me a million dollars. So you do. But nothing in your logic says that if I guess wrong, you won't give me a million dollars. So as long as I say you won't, I get a million.
    A -> B, doesn't imply ~A -> ~B

  83. The laws by Quzak · · Score: 1

    I dont think its YouTube that has to change. Its the laws that need to be changed for allowing this type of behavior. If I can watch it on TV for free then you best believe that im gonna watch them for free on the internet.

    This sort of thing and advertisements are the ways of the past. Its time to get with the future or be forgotten.

    --
    Support your local school shooter, give them your firearms.
  84. You mislook something by phorm · · Score: 1

    Google also isn't posting the stuff, private citizens are. Yes, the illegal stuff gets a lot of publicity, but I do wonder what portion it is of youtube's content.

    Of the last dozen or more video clips I've viewed on youtube, none of them were (to my knowledge) pirated material. Some of them were amateur videos, some of them were funny commercial clips (yes, some commercials are worth collecting).

    Heck, some videos/groups have made their fame on services such as youtube. For example Yellow Fever (although how funny you find that one might depend on if you have Chinese friends/relationships), or how about a couple of jackasses trying to pull their car out of the snow, or just some of the aforementioned funny commercials

    1. Re:You mislook something by kisrael · · Score: 1

      I agree; The percentage to legal, interesting tidbits on Youtube relative to the illegal stuff seems pretty high, especially compared to Napster back in the day.

      I'm not sure if funny commercial clips are free of copyright though. I mean in most cases the advertiser is probably delighted with extras publicity, but they've also lost control over how their work is displayed.

      --
      SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
  85. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  86. Joost by JackMeyhoff · · Score: 0, Troll

    Viacom has signed a big deal with www.joost.com , YouTube is for amateurs, H.264 is where the content is, not On2's VP codecs and flash. Joost is going to be HUGE.

    --
    http://www.rense.com/general79/wdx1.htm
  87. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  88. ISPs and P2P by arevos · · Score: 2, Insightful

    If an ISP had a "per GB" pricing scheme, would you think that it would be justified for the entertainment industry to sue them from profiting from copyright infringement over P2P? If not, how is this different from YouTube? If so, does this mean you think ISPs should not have common carrier status?

  89. Because they were still negotiating. by pavon · · Score: 1

    Viacom was in talks with YouTube before the google merger about how to resolved the issue in a way that was benificial to both of them. However, Viacom wasn't happy with YouTube (pre or post google) and finally decided that they were perfectly capable of exploring new online distibutions outlets without YouTube. To their credit, the TV studios have been much more reasonable about adjusting to the internet than the music industry has been and do see it as an opportunity and not just a threat.

    Anyway, the talks just broke down last month, and a pending lawsuit was expected. So no, I don't think that this is a money grab. I think Viacom wants YouTube to implement at least some type of filtering or be shutdown.

  90. Cost analysis break down... by RingDev · · Score: 1

    A solid law team working on the case full time over the next 5 years will cost what, $25 million?

    A solid copywrite enforcement team (ie: college interns who watch YouTube and send Google take down notices part time) over the next 5 years would cost what, $500,000?

    An automated piece of software that does frame by frame image comparisons to all of YouTubes content to their existing library would cost maybe $150,000 to develop and maybe another $100,000 per year to maintain.

    This is what happens when you let lawyers come up with solutions to technical issues. Instead of funding the next generation's education, or developing the latest innovation in video software, they're going to attempt to sue a culturally supported entity into the ground. Not that Viacomm will be any better off because of this lawsuit, but that the lawyers will be.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  91. mod down parent by crabpeople · · Score: 1

    What a useless post. You don't have to post if you have absolutely nothing to contribute.

    --
    I'll just use my special getting high powers one more time...
  92. This should be a good fight... by Churla · · Score: 1

    I know Google is hoping for the "DCMA > You" verdict which will basically say "tough.. they get to post it until you tell them to take it down".

    But there is another angle Viacom could be positioning for. A de facto value for media shown via legal precedent. The court could say "well, you owe Viacom 50/70/90/100% of the money you made by showing their content."

    If that happens then Viacom files for records showing how many views every clip of theirs has had and cashes in. If they find more later, they cash in again. At this point YouTube becomes a cash cow for big media. At the same time admittedly it becomes a small cash calf for producers of independent works which they copyright then allow to be shown on YouTube with the understanding that they may file and claim money for it later. The problem here is that it tears into the profitability of YouTube and that business model. Right now the YouTube business model is "have people supply us with content to show, then tack ads on to make money." Viacom will make the argument that in "brick and mortar" terms this would be like letting pawn shops sell whatever anybody brought in until individuals tracked down the stolen goods on their own and had the pawn shops take them off the shelves.

    I could also see a variant of this where YouTube is required to manually view and verify all content is not copyrighted before publishing it if they are making money off that publishing. At that point YouTube is essentially destroyed because they couldn't afford the kind of staff it would take to have an actual person verify that something isn't a clip of a network show.

    Overall I agree that this is Google picking when it is going to take it's stand and fight. They picked YouTube as the place. This could be their Iwo Jima, or it could be their Waterloo...

    --
    I'm a fiscal conservative, it's a pity we don't have a political party anymore
  93. time to play hardball by jsepeta · · Score: 1

    1) actively block search results that would bring google to viacom properties
    2) buy enough stock in viacom to control their interests -- gotta' be cheaper than paying $1b
    3) lure away jon stewart to another network.

    to hell with viacom, those bastards

    --
    Remember kids, if you're not paying for the service, YOU ARE THE PRODUCT THAT IS BEING SOLD.
    1. Re:time to play hardball by NormalVisual · · Score: 1

      buy enough stock in viacom to control their interests -- gotta' be cheaper than paying $1b

      Not possible - Sumner Redstone owns an overwhelming majority of the stock, and he ain't sellin'.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  94. Great business, if you can get it by cdrguru · · Score: 1

    The YouTobe (and Google) business model is built on the idea that people will supply your business with content for free and you will reap the rewards of showing it with other stuff that you charge people for. Right now, ads.

    It is like having a machine you turn the crank on and dollar bills come out. You turn faster and more money comes out. You never put anything in because the "user community" is keeping you supplied.

    If it were possible to build such a machine, we would all be millionaires. If long-term the Google plan was reasonable, we could all be selling ad space to each other and never have to work again. Sorry, but the "everyone gives us stuff and we make money" approach is fatally flawed and it is about time Google found that out.

  95. Wow by p3d0 · · Score: 1

    You must be some kind of genius.

    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
  96. That's backwards by alienmole · · Score: 1

    this is the future, and old media doesn't get it.
    That's backwards. Companies like Viacom and Google are involved in creating the legislative future that the rest of us will have to live with. The ones who don't get it are those who don't realize that this isn't about Viacom collecting a little cash from Google, or stopping Google from posting Viacom's content.

    Viacom is suing Google because it wants a piece of the action (payment for its content) going forward, one way or another. That could happen in any number of ways, probably a combination of legislation and agreements between huge corporations. This suit is just a move in the game, like "Pawn to King 4" in chess. Although they're actually further along in the game than that -- it started a while back, even before Google's purchase of Youtube.
  97. This isn't a surprise by kilodelta · · Score: 1

    After YouTube's handling of Nick Gisburne (An atheist who posted a slide show with quotes from the Koran that justify the harming of non-believers.) this is their comeuppance.

    I migrated all my vids off there when the Gisburne affair happened. And I removed my blog from blogger to wordpress.

  98. Only 1 Billion? by ehaggis · · Score: 1

    They should sue for a Googolplex!

    --
    One ring to bind them - should probably have more fiber and less rings in their diet.
  99. Google stock price by bismark.a · · Score: 1

    Watch the Google's stock price slide here

    1. Re:Google stock price by Dunbal · · Score: 1

      Watch the Google's stock price slide here

            Just about every stock fell today - and your point is?

      --
      Seven puppies were harmed during the making of this post.
  100. let's sue everyone by krayyy · · Score: 1

    while we're at it, why don't we sue Sony and Phillips for creating the CD, Phillips for the audio cassette, JVC for VHS, oh and how about DARPA and Tim Berners-Lee for the goddamned internet, that evil copyright infringing vehicle.

  101. I don't get it... by bradr98 · · Score: 1

    The owners of the content are the owners. They invest in new content, some that will be profitable, much that will not. It is their risk to take, and their profit to reap. YouTube users are posting this content and YouTube generates ad revenues when those clips are viewed. If Viacomm has or wants to post its content anywhere it has the right to do so. New Media or not, that they 'get it' or not is in my view irrelevant. It is their content to do with as they see fit. Just becuase it has been broadcast does not mean that it's now in the public domain for everyone to have a crack at. Don't forget as well that in many instances Viacomm has an obligation to other parties to make sure the work is protected. For people to come on here and say that they have a right to see this work, this content for free, that somoene is obliged to provide it to them is nonsense. You don't go to work for free, Slashdot does not give away it's banner advertising for free to their favorite companies, it just does not make sense to me to think in this manner. That Viacomm needs to rethink it's strategy or 'get with it' (to paraphrase) is really not the issue for me here. If they choose old models that may or may not become obsolete, that is their business, and up to the stockholders of the company to decide.

  102. land is a tangible entity by circletimessquare · · Score: 1

    you can fence it off, you can control it

    how do you control bits flowing around the internet?

    your whole attempt to paint me as a communist fails it, because you don't understand the subject matter. i'm not a communist, at all. i am a fervetn capitalist. and my understanding of the digital world, and how to capitalize on it, is superior to yours, because you use a model for trying to understand the digital world that doesn't fit

    in other words, you're exactly the kind of person i am talking about: you simply don't get it. the subject matter flies over your head. you use outdated models for trying to understand the digital world

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  103. completely wrong by circletimessquare · · Score: 1

    the point is, there are a myriad ways of making money off of content. what the internet does is enhance some of those ways, introduce new ways, and utterly antiquate other ways

    in your post above, you're still stuck in thinking about how to make old media ways of makign content pay in the new media world

    you need to simply accept that the access-control method doesn't work any more. move your mind off of that dead model. now, focus it on the new powerful ways, and the old enhanced ways, that your content can generate revenue for you in the world of new media

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:completely wrong by Red+Flayer · · Score: 1

      you're still stuck in thinking about how to make old media ways of makign content pay in the new media world
      Not at all. What I'm stuck thinking about are the three segments of revenue generation, and how a company that funds content production through distribution-related revenues can take advantage of the 'new media' structure that we're talking about.

      I think you're being very vague about 'new media' and 'old media' concepts. Let's talk specifics. In the 'new media' world that you're talking about, content itself is freely available to distributors. Distributors make money off of advertising, and in some cases, directly from delivering content (iTunes -- which is dependent on restricted access and branding).

      Say I was a big-budget video content producer in your 'new media'. I've got a few ways of deriving revenues from my content:

      Advertising within-content (product placement, etc)
      Public viewings (theaters, which are also dependent on distribution access control)
      Advertising delivered via distribution (which only generates revenue for the distributor)

      The only way to be successful in the long run, as a content producer, is to have ads within the content. Any revenue stream dependent on distribution will be less profitable for me than for my competitors, since they didn't have to produce the content. With no distribution access controls, any revenue stream that isn't intrinsically tied to the content can be done more profitably by someone other than the content producer.

      you need to simply accept that the access-control method doesn't work any more. move your mind off of that dead model
      I'm fully aware of the situation -- don't be so condescending, please, since you're still not addressing my post at all -- the concerns about incentive to produce content not loaded with intrinsic advertising is a valid one, and still applies in your 'new media' fantasy. Once you separate production from distribution, you've got issues, which I'm trying to address. You can't simply wave a magic wand and say 'the new media will provide a way to make money off of content production -- you need to stop thinking about the old ways'. I'm directly addressing the 'new media' and the impact it will have on content production. You need to accept that removal of access control will have some negative long-term effects as well as the positive ones.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:completely wrong by Anonymous Coward · · Score: 0

      I'm intrigued. Could you elaborate on some of these "powerful new ways" the internet helps you make money off of content? Perhaps I'm still stuck in the past, but I only see three ways to make money from content:

      - Selling access to the content itself
      - Selling goods and services related to the content
      - Selling advertising along with the content

      And none these ways works if the content owner does not enforce control over the content.

      Yet you imply that there is a way -- maybe many ways -- that Viacom can still make money without enforcing control over their content. I'd love to hear how this works. But from the details you've provided so far, the way looks like:

      1. Give content for free to internet people.
      2. ???
      3. Profit.

    3. Re:completely wrong by Anonymous Coward · · Score: 0

      And none these ways works if the content owner does not enforce control over the content.

      Riiight. So, if the internet was back around when I was a little kid, and everyone could download Transformers for free, I'd never have screamed at my parents until I had a whole box of toys I never played with? Did you even think about this before spouting off your argument? Critical Thinking: does double damage! Sell real things not "intellectual property".

      Product placement has worked forever. Pull out an old recording of a radio play like The Shadow, and see what brand of tea he drinks. If you downloaded it for free, are you covering your ears when you listen?

      Or take Diablo 2. The game was heavily pirated, but what was really being sold was access to battle.net for online play, which is why the bnetd clone was targeted for execution, it could not verify keys (and even if blizzard had given them access to it, as open source, someone would have just commented it back out). Or any MMO.

      Sure, the media would have to change to adapt to a bunch of kids shows pushing the latest toy, after all, nobody would ever buy Jack Bauer clothes or some musician's perfume, right?

  104. Re:If I were Google, I might just pay it. by Anonymous Coward · · Score: 0

    Probably one of many reasons you will never have even a million dollars.

    You're being too kind. He'll never even have a positive net worth, let alone the million dollars.

  105. Not really..... by tinkerghost · · Score: 2, Informative

    Fair use provisions don't just include small portions of the work. You have to be using the small portion of the work in a larger work. IE, commenting on a single passage in a book, using snippets from a press conference to create a parody of the press conference, showing a scene from a movie to teach the importance of lighting in setting the scene, etc. Just taking a small portion & displaying it by itself doesn't fall under fair use. Heck, the riff from Under Pressure was deemed not to be fair use when used in Ice Ice Baby and it's less than a dozen notes buried under the melody & words.

    Where this should die a quick & horrible death for Viacom is that YouTube is following the safe harbor provisions of the DMCA & removing copyright material as soon as ViaCom presents them with the takedown notices. Whether Viacom likes it or not, what YouTube is doing is perfectly legal, so long as they continue to take down videos that Viacom advises them of.

    Given that YouTube has code in place to reject reposts of videos they have already received takedown notices about, Viacom's argument that they are doing nothing to prevent the infringement is incorrect at best & argued in bad faith at the worst. (incorrect will loose them credibility for shoddy groundwork, bad faith will get the case tossed and possibly sanctioned into paying Google's legal fees)

    1. Re:Not really..... by jafac · · Score: 1

      Sure it does.

      When someone posts a clip from say the Colbert Report, there's usually a host of comments below from YouTube members. There's your commentary. This use is PRECISELY what Fair Use is for.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    2. Re:Not really..... by tinkerghost · · Score: 1
      No, it's not.

      Now, if the original poster uses the clip & includes some commentary on how stupid person X was to say thing Y, then you have a commentary. However, the raw posting of the clip in & by itself isn't fair use under current standards. The aggregate of the clip and all of the commentary below may be covered under fair use, but the posting of the clip without the poster commenting on the contents of the clip isn't fair use because the clip isn't included in a larger work at the time of the posting - ie the poster hasn't made any educational use of the clip, hasn't used the clip as an example of their point in a commentary, and isn't using the clip in parody of itself (those 3 comprise the majority of the accepted fair use cases).

      The question becomes how would you go from the infringing initial posting to the potentially fair use posting + included commentaries. Generally you wouldn't be able to legally. If the predicating action is illegal, so are the following ones.

      Next comes the question of what is the status of a video posted on youtube just to provide hosting for a clip that is used in a 3rd party site where it is a portion of a larger commentary? Obviously the 3rd party site is making fair use of the clip, does that make the naked posting of the video on YouTube fair use? If not, is a link to the full commentary on the 3rd party site enough to make the video fair use? How about if a 4th party embeds the video in their page without commentary, does that make the video infringing even though it's covered by fair use for the original poster?

  106. old media thinking by circletimessquare · · Score: 1

    you think there is only way to make money off content. my point is not to stop making money off content, but to find new ways of doing it. people like you, your minds are stuck on the old ways of making money, and you dig in your heels, rather than simply accept the old ways are dead. there are plenty of new ways to make money off ocntent, as well as a few old ways that are now enhanced. but if you insist on thinking every single way old media made money is still alive, you're just screwing yourself in the long term

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  107. snore... by circletimessquare · · Score: 1

    there are many ways of making money off content. the internet adds some new ones, and kills some old ones. i am not championing the idea people should make less money or no money. i am saying you need to adapt by stop trying to defend old models (access control) and adapt to new enhanced ways of making money. the internet is a powerful revenue generator. but you need to know how to use it. and defending your old way of doing business only hurts yourself in the end

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  108. the point is to make money: agreed by circletimessquare · · Score: 1

    but the internet is not a tv cable network. both can make you money, but you need to know how to use each one differently. if i told you to use a screw driver like a hammer, you'd say i was daft. trying to use a legal framework from old media days to deal with the internet is the same daft thinking. you use different tools different ways

    so i am not telling companies to stop making money. i am telling them to continue making money, but to use different ways than they are used to

    the problem is the marhcing into the internet model of business armed with the old media model of doing business and expecting you can call the shots. you will end of being very, very sorry and screwing yourself in the long term

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  109. what? by metalpres · · Score: 1

    I just dont see how Viacom has any case here, neither google or youtube put those viacom videos on their site, its a site based on user submitted videos, its seems very unreasonable to expect google to watch every single video that is submitted then have a research team investigate to make sure the video does not hold any copyrights. So the only logical solution is to just remove videos as they are brought to googles attention and that did just that by removing all the viacom videos. so how is there still a case here? Sounds like a good way to make money if Viacom is successful, get some 15yr old kid to spend a couple days uploading all your copyrighted content to youtube them sue them for a huge amount of money even after you complain and have the videos removed.

  110. Isn't google protected by the DMCA? by geekoid · · Score: 1

    Specifically the Online Copyright Infringement Liability Limitation Act (OCILLA) section.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Isn't google protected by the DMCA? by dilute · · Score: 1

      Sure, if they can show they complied with it. I think that's the principal defense.

      Lots of allegations, though, are directed at ripping out the foundations on which YouTube claims compliance (storing, embeding, forwarding, etc.), and at trying to establish that they went out of their way to induce people to infringe.

      Should be interesting.

  111. Sumner Redstone anagrams... by mnemotronic · · Score: 1
    anagrams of Sumner Redstone, chief viacom weasel:
    • Sues on Rem Trend
    • Renders Emu Snot
    • Rerun demons set
    • RE: Semen on turds
    • Omens deter runs
    • Estrus Men Drone
    • Reruns Stoned Me
    • More Nuns Desert
    --
    The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
  112. Wrong order - right process by tinkerghost · · Score: 1
    Youtube takes down the offending material as soon as they are notified by the copyright holder. The poster may request that the content be placed back on the site, but they have to use a much longer & stringently worded form that screws them if they are wrong.
    Process:
    1. Viacom bot flags video as infringing - for as little as South Park playing in the background of a home movie.
    2. Viacom bot adds video to takedown notice of the day.
    3. Notice is sent to YouTube - on belief & good faith that Viacom is the copyright holder of the video.
    4. Youtube removes the video
    5. YouTube notifies poster.
    6. Poster returns notarized letter swearing under penalty of purgery that the video does not infringe on Viacom's copyright.
    7. YouTube notifies Viacom & reposts the video.
    You can bet the next step is:
    • Viacom sues poster
    The takedown notices need to have some penalties added to them also - unless you can prove malice, there is no penalty for one issued in error.
  113. ebaums? by The+Orange+Mage · · Score: 1

    "Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws.'"
    And yet no one has been able to sue eBaumsworld yet why?
    1. Re:ebaums? by jank1887 · · Score: 1

      been able to? i think it's more about not beating up the poor kid for his lunch money. go for the yuppie with the latte first.

  114. Being proactive... by Ponzicar · · Score: 1

    How are they supposed to be proactive? Keyword banning? A video watching copyright identifying robot?

  115. Commercials by phorm · · Score: 1

    I did wonder about the commercials myself. But I suppose the differentiation from other copyrighted works might be:
    a) Nobody (as in consumers, that I know of anyhow) pays to watch/buy commercials
    b) The advertiser pays the networks

    So I'm guessing that if a bunch of geeks like me like their commercials so much, they're quite enjoying the free advertising. My hopes would be that as such things become more popular (heck, there are award festivals for 'best commercials' now in some places) advertisers will learn what makes a commercial interesting/funny/watchable and produce more ads that don't suck

    1. Re:Commercials by kisrael · · Score: 1

      In general we're in agreement; there may be some "edge" cases that are exceptions:

      I think some people might have made some money on "Classic Old Commercials You Love!" type compilations or tv specials. (Also for a while there was that AdAge site that was for money, but that might have been related to the bandwidth as much as anything.)

      Also, some old advertisements might prove to be an embarrassment to a modern company, as tastes and various societal standards change. Something playful and witty back in the day may be seen as misogynistic now, or racist, etc etc.

      So I think you're by and large correct but there might be some exceptions.

      --
      SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
  116. Ship sinking? Let's drill another hole in the hull by Whuffo · · Score: 1
    So one of the old-guard media companies (Viacom) isn't satisfied with their slow descent to oblivion and wants to speed things up a bit? If they pursue this nonsense, they'll gain little if anything - and lose much, much, much more. Between loss of good will and huge legal bills, it should knock a year or more off of their death spiral.

    And how nice of them to step out from behind some industry assosiation and act directly - that makes it easy to tell who the players are.

    It's just another round in the ongoing battle between those who profit from controlling the production and distribution of audio / video / text and the modern world. The internet killed their lock on access to entertainment and the media companies are fighting for their lives. It's a lost cause; they can't win. But they'll make lots of noise as they fight against inevitability.

  117. Other peoples' content, like... by Rogerborg · · Score: 1

    Viacom Claims Copyright On Irrlicht Video.

    Given that their "under penalty of perjury" DMCA takedown strategy seems to be based on trivial grepping, I have to question their grounds for claiming a beelyon dollars.

    --
    If you were blocking sigs, you wouldn't have to read this.
  118. Good for Google? by madsheep · · Score: 1

    I don't think so. Publicly traded companies are ultimately responsible to their shareholders. News like this causes the stock price to slide and does not bode well for the company. If this lawsuit actually proceeds then it can only get worse. There are multiple other entities that may take a crack at Google -- regardless of the outcome here. This probably won't have a positive impact on the stock price either. Good? ... No way.

  119. Re:Ship sinking? Let's drill another hole in the h by Gizzmonic · · Score: 1

    It's a lost cause; they can't win. But they'll make lots of noise as they fight against inevitability.

    They can't lose as long as they control the broadcast spectrum, all major production houses, movie studios, cinemas, syndication, cable systems, billboard advertising, etc. It's called a vertical monopoly. American legislators once realized how dangerous these types of monopoly can be for consumer choice, they've become toothless over the years.

    Viacom isn't going away without government intervention. What they control is worth more than gold.

    --
    (-1, Raw and Uncut is the only way to read)
  120. Bankrupt? No. Buy? Unlikely but possible. by sjbe · · Score: 2, Informative

    Google may be rich, but they are nowhere near big enough to bankrupt Viacom. Viacom has a revenue of over $9.6 Billion USD, whilst Google has $10.6 Billion (according to Wikipedia), but this isn't the case of a smaller firm trying to sue a giant. If anything, Viacom, as a conglomerate, will probably have greater cash reserve and certainly has more assets which can be sold off in the event of it needing more cash.

    Google may be rich, but they are nowhere near big enough to bankrupt Viacom.


    You're right that Google can't bankrupt Viacom via a lawsuit. Viacom is a big company with a reasonably strong balance sheet. Viacom's market cap is about $27B and Viacom has roughly $700M in cash and $7.65B in debt. No where near as strong a balance sheet as Google, but plenty to fund a big lawsuit. That said, Google has a market cap of $138B, $11.2B in cash and zero debt. Google would have to take on debt or do a stock swap to buy Viacom but since Google cash worth almost 50% of Viacom's market cap, Google could purchase Viacom if the deal was offered. I can't imagine Google doing this because it would be really stupid (IMO) for a lot of reasons but I'm just pointing out it is possible.

    I know nothing of the particulars of this lawsuit but if I was a Google shareholder (I'm not) I would be worried. Even the most airtight lawsuit still can go the wrong way in front of a jury. I've never met a (responsible) lawyer who would claim there is better than a 90% chance of victory in any case. Google obviously knew Youtube was lawsuit bait when they bought them so they are potentially staking the entire enterprise on a lawsuit (or series of them) which doesn't strike me as responsible even if they think they are likely to prevail. If Google loses, Viacom will not be the last media company to sue Google. There is potentially a lot of upside for Google if they win but that is hardly assured. I suspect this will end up settled since both sides have a lot to lose if the lawsuit goes the wrong way and a lot to gain through cooperation.

    Whatever happens it will be interesting to watch.
  121. old, dead model: by circletimessquare · · Score: 1

    access control

    old, enhanced model:
    advertising

    new model:
    community building, fan management, esoteric content

    now work it

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:old, dead model: by Red+Flayer · · Score: 1

      And the type of content I'm talking about doesn't work in your 'new media' construct: high-production-cost content. I purposely brought up this type of content because I completely agree with you for low-production-cost content. No matter what you do, if you pay a lot to produce the content, other distributors can more cheaply deliver the content -- and "community building, fan management, esoteric content" doesn't help you one whit if your cost to consumers is much higher than your competitors.

      I know you like to speak in sweeping terms that sound profound, but when you get down to the nitty gritty, the 'new media' construct fails miserably for expensive content.

      It's not about groovy buzzwords and sounds-good-for-startup-business-models, it's about the microeconomics of content production and revenue generation that leave big-budget content unprofitable.

      I completely agree with you wrt smaller budget content (especially the esoterica). But please, tell me how large-budget content producers (read: mainstream) can remain competitive in your new media model. No amount of community goodwill can help you recoup your production costs when alternative delivery is everywhere, particularly since companies that specialize in distribution, not production, have a competitive advantage when it comes to your source of revenue.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  122. Re: Your sig [off topic] by Anonymous Coward · · Score: 0

    Fucking retard. A->B doesnt imply B->A.

  123. traditional ads by circletimessquare · · Score: 1

    also: real world forums (which you CAN access control)

    some ways the internet makes possible:

    esoteric content

    community building and fan management (more ads/ tie-ins)

    both available before the web, but orders of magnitude cheaper and easier to execute on the web

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  124. Soo.. you believe studios shouldnt have to enforce by plasmacutter · · Score: 1

    So let me get this straight..

    you believe a site that allows user contribution of content should be forced to review every single of the tens of thousands of daily submissions on behalf of an unrelated company, at THEIR EXPENSE, because of some outdated laws which protect buggy whip makers from the motorized carriage?

    this kind of allegation is aimed DIRECTLY at the DMCA safe harbor provisions.

    according to those provisions, they have to see their content and send notices.. this does not obligate google to seek out their content proactively.

    it is designed specificially to force other unrelated companies to finance these studios' enforcement efforts.

    any positive ruling for viacom would, not to intentionally sound overdramatic, destroy the internet as it exists today.

    sites like myspace, animemusicvideos.org, even wikipedia and slashdot will be wide open for shutdown unless they either kill off all user submissions to prevent users from infringing copyright, or adopt exceedingly costly moderation tactics which require a lawyer's eyes on every single submission.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  125. Screw Viacom by Anonymous Coward · · Score: 0

    'nuff said.

  126. Is stupidity actionable? by bArtificial · · Score: 1

    There is a vast lake called 'money' fed by sold digital media. YouTube dug a channel from that lake into their company. Instead of digging its own channel, Viacom heaps up the channel of YouTube. Is such a behavior actionable?

  127. This is not google's fault by Augusto · · Score: 1

    It's as simple as that. They're not asking for copyrighted material, they even ask you not to post it. When a company asks for something to be removed, they remove it.

    The irony is, many companies don't care since they know this is free promotion for their shows. Other companies are smarter and post content themselves!

    Viacom is shameless in this sense, and the lawsuit is ridiculous.

    --

    - sigs are for wimps.
    1. Re:This is not google's fault by smellsofbikes · · Score: 1

      Viacom isn't exactly shameless, and the suit's certainly not ridiculous if they win: they think they can extract more money with this suit than without. I think it'd be funny if Google removed links to any of Viacom's material from their servers. Viacom, like many other people, want Google to push traffic their way, but only under their terms. One can hardly blame them. They want the maximum money possible. So does Google. It's a pushing match that establishes the value of Google's advertising -- because, fundamentally, web search engines are free advertising, and as far as I'm concerned, Google is figuring out ways to generate money by free advertising, that come out of the pockets of the people who are being advertised. They're trying to figure out how to get the free advertising without paying for it. Lawsuits are one of the ways they're trying.

      --
      Nostalgia's not what it used to be.
  128. give it time by circletimessquare · · Score: 0

    ask the guys making movies in the 1910s if they thought their business model would routinely support $100 million productions in the future

    i agree with you that high production cost is NOT supported right now... but only because the new media model is new. give it time for creative economic thinkers to explore new and different ways to capitalize, ways neither you, i, nor anyone else realizes right now. as new media flexes bigger and larger economic muscles, bigger and larger production outlays will be supported. until, in the future, perhaps decades from now, production outlays orders of magnitude larger than the production outlays you deal with become routine under the new media model

    wha we are in now is the period of churn, the rough rapids before the period of smooth sailing uncertainties rules, doubt and denial and stubbornness rule

    give it time

    the consumption of culture existed long before modern technology and modern budgets, and will exist long after, probably with even larger budgets

    but right now, some dork can make "ask a ninja" in his low rent apartment and make thousands of dollars. this is something completely unlike the old studio system. it is also the embryo of something much larger and nimbler... and richer

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  129. Re: Your sig [off topic] by MeanderingMind · · Score: 1

    Interesting arguement. My wording still needs some improvement methinks. Possibly an "If and only if".

    However, nothing says when I will give you a million dollars. You'll just have to be patient.

    --
    Thunderclone: ONE MAN ENTERS! TWO MEN LEAVE! ONE MAN ENTERS! TWO MEN LEAVE!
  130. This Will Be Good by webheaded · · Score: 1

    I can't wait for this. I'm fairly confident that Google has been waiting for this and will most undoubtedly bury Viacom. This should be fun to watch. :)

    --
    "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
  131. Is an ISP's business model to server video? by msimm · · Score: 1

    And pull in ad revenue based on that? The problem (IMHO) is that Youtube is directly and knowingly benefiting. That's a challenge their going to have to contend with. A lot of companies would have died already, but they seem to have some staying power (not to mention the parent, who is a heavy contender).

    --
    Quack, quack.
    1. Re:Is an ISP's business model to server video? by arevos · · Score: 1

      And pull in ad revenue based on that? The problem (IMHO) is that Youtube is directly and knowingly benefiting. If the customer is paying the ISP per GB, then the ISP would financially benefit the more data the customer downloads. Like Google, the ISP has access to its user's information, and like Google, the ISP profits when the traffic is greatest (Google via its ad revenues, the ISP via the customer's payments) - which often occurs when copyright infringement occurs.
  132. $1,000,000,000.00 by Anonymous Coward · · Score: 0

    $50,000,000 or $500,000,000,000

    It's just not the same without the .00 at the end.

  133. Somebody please warn pornotube! by Anonymous Coward · · Score: 0

    /me starts downloading...

  134. Dr.Evil by PaulB007 · · Score: 0

    Why make billions when we could make... millions?

  135. What were these Lawyers thinking by Delta2.0 · · Score: 1

    "8. YouTube has also implemented features that prevent copyright owners from finding infringing videos by searching the YouTube site. YouTube thereby hinders Plaintiffs' attempts to locate infringing videos to protect their rights. At the same time, YouTube allows its users to make the hidden videos available to others through other YouTube features like the "embed," "share," and "friends" functions. In this way, YouTube continues to profit from the infringement, while hindering Plaintiffs from preventing it."

    I think Viacom's lawyers were slightly confused on the usage of some of the features of YouTube. Reading the actual complaint it seems that Google has some server deep in a closet somewhere where they are deliberately hiding all of the old Spongebob episodes. The truth is though, that this will completely fly when a judge who hasn't used a service like YouTube.

  136. Ooops... by BalkanBoy · · Score: 1

    there go the free gourmet lunches at GOOG ... Looking forward to mass-produced fast-food, McDonalds style. Would you like fries with that?

    Unless they buy Viacom, they will have to pay up and/or remove infringments. Or buy a congressman and change the law.

    --
    'A lie if repeated often enough, becomes the truth.' - Goebbels
  137. How uhh refreshing by Micklewhite · · Score: 0

    I for one think it's refreshing that Viacom is suing Google as opposed to suing all the people who upload the videos. But how did Viacom come up with such a tidy number? A billion dollars? That seems a little too neat to me. Maybe they'll get into court and the judge will say 'You there, lawyer.. How did you come up with a billion dollars? That seems like a very popular number these days...' then the lawyer would say 'Well uhh, your honor. Funny story actually.. My client decided that one billion dollars would be an appropriate amount to send a message to Google' then the judge would say 'A message? What sort of message are you attempting to send to these people?' then the lawyer would say 'Well, your honor we were hoping to get them to stop breaking the copyright laws' then the judge would sit there and think for a bit and say 'Good, sir. I have seen no evidence of any sort of copyright violations. As far as I'm concerned this case is dismissed!' then the lawyer would say 'But we're just at opening statements! I haven't even presented any evidence yet!'. Then the judge would have already left the room at that point.

    I imagine that'll be EXACTLY how it goes.. word for word.

    --
    I don't own a snook, and if I did I wouldn't leave it cocked.
  138. The beginning of the end for Google by acb · · Score: 1

    We are witnessing a historical moment: the train wreck that will destroy Google has started.

    Make no mistake: Viacom will win this; under copyright law, they are absolutely in the right, and YouTube is infringing every bit as much as Napster and Kazaa were. Now $1Bn may not bankrupt Google, but similar payments to other rightsholders (Vivendi Universal, Time Warner, ABC/Disney, Sony, and so on), who are bound (by responsibilities to their shareholders) to jump in, will.

    I predict that (a) within 24 hours, at least two other major media companies will announce their own lawsuits against Google, and (b) within two years, Google will have filed for bankruptcy.

    1. Re:The beginning of the end for Google by 71thumper · · Score: 1

      You may well be right. In my mind, this (YouTube) has always been a bad thing from a copyright perspective.

      There's an excellent chance that this situation will be judged NOT to be safe harbor.

      Short explanation:

      The current safe harbor (where the infringed party (Viacom) has to advise the infringer (YouTube)) is based on the telco/ISP protection model where what the infringer is selling is the bandwidth/hosting.

      And that made perfect sense that AOL (which sells hosting) shouldn't have to police content. Broadly speaking, AOL makes its money from the hosting and providing internet access -- not from the content hosted.

      But YouTube makes money from the advertising displayed and keyed on the content. They don't charge the people posting content to host it at all -- not for the number of downloads, etc. So they are, quite realisitically, involved in the content.

      Google certainly has the money to start producing its own TV shows and content that people will want to watch. Let them do that and prove their distribution model based on their own risk, rather than taking someone else's content, potentially impacting THEIR money, and saying "here, be happy with this new business model"

    2. Re:The beginning of the end for Google by hobbesx · · Score: 1

      Do you truly believe that Google is so intent on keeping YouTube, that it would clutch to it, kicking and screaming into bankruptcy?

      --
      This rating is Unfair ( ) ( ) Fair (*) Funny
      Sigh... If only. Modding would be so much more fun.
  139. Please try again. by Anonymous Coward · · Score: 0

    As others have already pointed out, that's a terrible comparison.

  140. Show me the RoyaltyCheque by psychodrive · · Score: 1
    From the article:

    Viacom also added a little sentiment by saying the value "rightfully belongs to the writers, directors and talent who create it and companies like Viacom that have invested to make possible this innovation and creativity." Despite the added emotion, however, there is no doubt that the lawsuit centers on money. I just wonder, if monetary amounts actually get paid out, whether the artists will actually receive a slightly larger royalty check that month.
  141. I fail to see the lawsuit by Anonymous Coward · · Score: 0

    Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws.

    If the particular content Viacom is refering to is unlicensed, then Viacom does not own the rights to that content. So to me, the lawsuit sounds like "YouTube is making money on advertising without showing our content. Lets sue!"

    I cannot understand how this works.

  142. Unlicensed content... by GlobalMind · · Score: 1

    Ahh yes because YouTube's only content stream are clips from copyrighted television shows and clips with music which is copyrighted by Viacom.

    Because you know us peons are totally incapable of creating any content that doesn't include their copyrighted stuff.

    Viacom, yes you might have issues with YouTube but really get off the soapbox.

    K.

  143. Indie Film Issue by CitX · · Score: 1

    My brother is a independent film maker and says he agrees with Viacom. (surprised me!) He argues that in the future (not yet) one person could buy a film load it, and with things like Apple TV type devices beaming content to the TV from a computer you could have people just posting one paid copy and everyone viewing it streamed. There would be absolutely no money for the little guy. Even the big players would loose billions but that is where the remaining money would flow with nothing left over for small productions..... I see his argument and agree. Not to mention the thousands out of work all up and down the line from janitors to producers.

  144. My take on this by justthinkit · · Score: 1

    is that (1) Google saw YouTube as a threat to itself -- a prime starting place for young people in the tens of millions, (2) so they bought it just as Microsoft and other giants have bought companies in the past -- to shut it down, so (3) Google will settle with Viacom for some seemingly convincing amount (let's say $10 million) and start using a content-filtering system that works, with the result that (4) YouTube is no longer a threat to Google.

    --
    I come here for the love
  145. Hostage? by Anonymous Coward · · Score: 3, Insightful

    I wouldn't call it "hostage" because Google has absolutely no obligation to Viacom to provide them with search engine service.

    Personally, what *I* would be tempted to do would be to block anyone in Viacom's IP block from accessing Google at all. I'd say to do the same for YouTube, but they'd probably claim that was just to cover up the infringement, so it might be a bad idea.

    I mean, exactly what does Google owe Viacom, anyhow? They aren't the ones putting up these clips--users are. And Google has what might be the one good part of the DMCA on its side--the Safe Harbor provisions. If anyone has a duty to police Viacom's "property" it should be Viacom.

    I, for one, am sick of copyright holders trying to push responsibility onto everyone but themselves via technology and legislation. They want to, in effect, carpet the kingdom because they don't feel they should have to wear shoes.

  146. Right... by msimm · · Score: 1

    but you can't not see the difference? ISP's would most benefit from fairly priced HD downloads (if high volume was really their game, but that's the upstream provider you're probably thinking about). Youtube is low quality, high volume video. I mean, we've all watched them. But real video, by your logic would be the way to go. ISP's can open themselves up to loads of traffic. All they have to do is stop warning P2P and torrent users regarding bandwidth issues. They don't need Youtube to get higher traffic.

    --
    Quack, quack.
    1. Re:Right... by arevos · · Score: 1

      I don't see what that has to do with anything. Both YouTube and ISPs can potentially profit from piracy (YouTube from advertising on uploaded copyrighted videos, ISPs from the bandwidth used to download torrents of copyrighted shows), and both are able to access the user's details such that they are aware piracy is taking place. Now, one could argue that the sheer volume of users makes it impossible (or at least very difficult) to police, but the same applies for both YouTube and the ISPs.

  147. Poor Example by Tokerat · · Score: 1
    forgotten_my_nick

    For example. Take littlekuriboh. For anyone who doesn't know him he created a parody called "Yu-Gi-Oh The Abridged Series". Basically a poke at the stupid cartoon. Perfectly legal (as its parody and not a straight rip of the cartoon).

    ...except, is that actually considered legal parody? Taking straight footage and dubbing audio over it? Can I do that with a full length feature film and distribute it legally?
    --
    CAn'T CompreHend SARcaSm?
    1. Re:Poor Example by forgotten_my_nick · · Score: 1

      > Can I do that with a full length feature film and distribute it legally?

      Probably not and the same with a full YGO show. However if you watch the videos you will see that he doesn't do that at all. He takes less then 5 minutes of the show and condenses it with funny voice overs.

      In his case yes it would be a legal parody.

  148. huh by Anonymous Coward · · Score: 0

    There is illegal content on YouTube?!

  149. What about message boards? by jgoemat · · Score: 1

    The safe harbor also protects sites like Slashdot, who also make money from advertisements and not hosting. The only difference is that the content is video instead of text. Also I think the vast majority of videos (at least the ones I click on to watch) are not infringing copyrights, they are posted by people who created them. Most of the rest are funny commercials that the advertisers probably wouldn't mind me watching all that I want. The thing that killed Napster is that 99% of the traffic was for copyright infringement.

  150. It's a good business model by jgoemat · · Score: 1

    They are providing a service, a place where people can come and publish their works for free that they want the world to see. This generates a thing called "web traffic", which is when people on the internet come to the site to "visit". This gets people called "advertisers" to spend money, hoping that the "visitors" will click on their link and maybe buy a product. It's similar to how just about every free website out there makes money from Yahoo search and message boards to Ebay to Google itself to even Slashdot. To do this, they provide the web application that enables people to share their creations and they pay for the servers, support staff, developers, and bandwidth.

    If it were possible to build such a machine, we would all be millionaires. If long-term the Google plan was reasonable, we could all be selling ad space to each other and never have to work again.

    It's not Google or Youtube's fault that you haven't started a company, created a web application, hired employees, purchased servers, and setup your network capacity, and marketed your site to attract visitors.

  151. Viacom are attacking US by nalex21 · · Score: 1

    Yep - that makes sense. Why should we continue to make certain media sources super rich to the detriment of everyone else (who can now participate in creating content so move over Viacom). The BBC seem to understand online assets better than most media organisations. What about the consumer backlash against Viacom for attacking YouTube? It is us. We used to need big media organisations but they will now face fierce competition for eyeballs. That is the real problem for them. They think YouTube damages them - in fact the exposure does them more good in the new world where anyone can create a TV series and some cheap ones are gradually evolving better content than media infested expensive production houses. Did they not read TIME magazine that celebrated community contributions over the commercial dross that Network Television and Sky provide?

  152. Well, for me it's very simple by caywen · · Score: 1

    Googletube could prevent copyrighted material from entering their system if they really wanted to. They have billions and billions of dollars and incredible minds and technology. The fact is, the only reason they won't do anything about it is that no one would use YouTube anymore. Googletube is building wealth on other people's hard work, simple as that.

  153. Well now just hold on there! by Anonymous Coward · · Score: 0

    Viacom is suing over Google posting (or letting others post) Viacoms stuff on Youtube. Now as I understand it, Viacom doesn't have any complete content that is under 10 minutes long. Google/YouTube doesn't allow any content (clips) that are over 10 minutes long. So, can Viacom really complain? After all, many clips (film trailers, etc) are easily found all over the internet already (and I don't remember any of them getting sued by any entertainment or film distribution company lately). Usually they do it to get more people to look at their stuff, not less. Further, the content on Youtube is not put there by Google, but by other people. They can take it down of course, but (as stated earlier), none of it is what you could call 'complete content'. Only samples. So Viacom is suing over samples? I've seen infomercials on TV that run well past 10 minutes. Viacom is suing over (VERY) shaky ground. There might be a license deal in the works, BUT, if Google wanted to, they could (and just may) go to court and defend vigorously. Others might try to sue as well, but precedents would be set by the first case, and make any subsequent cases much much harder to fight for plaintiffs and much easier for the defendant (Google). Viacom is on a very slippery slope.

  154. This is besides the point by Anonymous+MadCoe · · Score: 1

    The lawsuit is not about access controll, the lawsuit is about publishing other people's content and making money off that without paying the copyright owner. No mater what model you use, this mechanism needs to be in there in a capitalist world.

    Viacom is not saying they do not want to make money ff he internet, they don't like his particular situation.

    I'm fairly sure Viacom _is_ looking at new ways of using the Internet. Maybe they have a different visio than you, but that's what happens in a changing world....

  155. Re: Your sig [off topic] by Theaetetus · · Score: 1

    If and only if you can tell me whether or not I want to give you a million dollars, I will give you a million dollars.

    Nice try... You don't want to give me a million dollars, but by your rules, you'll have to.

  156. What about Net Neutrality? by Angelyne · · Score: 1

    Something that never seems to be considered in this kind of discussion is the whole net neutrality biz. It's obvious that the big ISP are trying hard to gain more control over the content they deliver. If they manage to institute a tiered system where content is delivered according to the capacity to pay of the content provider, then the big Media Cartel will again be in the driver's seat. I believe this is another prong in their tactic to maintain control of distribution.

  157. Question and another estimate by mapkinase · · Score: 1

    in Google finance page for a company and it's balance sheet

    which numbers reflect the amount of free floating money in the company it can freely spend on smth? I was looking for net cash but could not find it?

    Let us assume it is "Cash & Equivalents":

    Here is my revised table ($M)

    GOOG As of 2006-12-31 $3,544.67
    VIA As of 2006-12-31 $705.80

    IBM As of 2006-12-31 $8,022.00
    SCOX As of 2006-10-31 $5.37

    So potential of GOOG going "IBM/SCOX" on VIA's "ass" is about $3,544.67/$705.80*$5.37/$8,022.00 = 0.003 in "IBM on SCOX asses" units.

    I feel like "going mapkinase on Wall Street ass".

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  158. Single purpose... by msimm · · Score: 1

    That's still the difference in my opinion. Aware and can be are two different things. I don't *want* my ISP to police and watch my traffic (hence, no AT&T). But as a business in the market of publishing video content to share I think it would be silly to think they don't see what content their hosting.

    *But* I can agree to disagree. I really don't mean to be harping on Youtube/Google. Just some thoughts. Personally I'm tired of the whole rush to monetize on the internet. Especially with the slow to start and sore losers like Viacom, et al.

    --
    Quack, quack.
    1. Re:Single purpose... by arevos · · Score: 1

      That's still the difference in my opinion. Aware and can be are two different things. I don't *want* my ISP to police and watch my traffic (hence, no AT&T). But as a business in the market of publishing video content to share I think it would be silly to think they don't see what content their hosting. Mm, I hadn't considered that. Still, what if it were a web-hosting company? I guess it all depends whether the videos are considered public or private, though the safe-harbour provisions of the DMCA would appear to be on Google's side.
  159. Process Followed? by cjb110 · · Score: 1

    Have Viacom followed the process to have their items removed from YouTube? If they have and Google haven't done anything then I can see their point. If they've not then Google should just turn around an' tell 'em to stick it. Google (or anyone else) can't be expected to 'know' what is Viacom's copyright, so there is no way they could automatically remove infringing videos. If Viacom are too lazy to enforce their own copyrights then maybe they shouldn't produce so much, or get out of the media business. I don't see why a third party like Google should protect another's assets.

    --
    ----- I refuse to have an argument with an unarmed person
  160. Re: Your sig [off topic] by MeanderingMind · · Score: 1

    Unfortunately that is not the case, there is something implicit in the rules you are overlooking that perhaps I should make more clear in my next iteration. Namely, a correct assertion.

    You assert that I don't want to give you a million dollars. I challenge this assertion, saying that I do. However, as you have asserted incorrectly I am honor-bound to withhold from you the million dollars.

    The way you appear to be currently interpreting the statement is that all you have to do is state to me either option, but it is the statement itself that matters and not whichever option. Sadly, as the authority in this situation I must judge this interpretation as incorrect.

    I will now perform another iteration in order to avoid this confusion.

    --
    Thunderclone: ONE MAN ENTERS! TWO MEN LEAVE! ONE MAN ENTERS! TWO MEN LEAVE!