Slashdot Mirror


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.'"

38 of 508 comments (clear)

  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 siDDis · · Score: 5, Funny

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

  2. 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.
  3. 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
  4. 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.

  5. 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)
  6. 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 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.

    4. 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).

    5. 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.

    6. 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.

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

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

  7. 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
  8. 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 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.

    2. 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.
  9. Here's the PDF of the actual complaint ... by xmas2003 · · Score: 4, Informative
    --
    Hulk SMASH Celiac Disease
  10. 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?

  11. 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.

  12. 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

  13. 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.)
  14. 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.

  15. 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.

  16. 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.

  17. 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!).

  18. 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.

  19. 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.

  20. 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...

  21. 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.
  22. 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.
  23. 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.

  24. 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?
  25. 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."

    --
    !#&*