Viacom vs. YouTube - Whose Side Are You On?
DigitalDame2 writes "Lance Ulanoff of PCMag believes that the Viacom and YouTube lawsuit is a bad idea because it has the potential to damage the burgeoning online video business; instead, it could work with the millions of people who are currently viewing Viacom content on YouTube. On the other side, Jim Louderback, an editor-in-chief of PCMag says that Lance doesn't know what he's talking about: with all the content available online for free, Viacom can kiss those investments goodbye. YouTube is actively filtering, actively allowing uploads, and making money off of the content that's been uploaded. The courts will find that Viacom has been wronged, that Google has not done enough to protect the rights of copyright holders, and that Google owes Viacom reparations. Whose side are you on?"
Success by Viacom in getting commercial stuff removed but no major fees rewarded would be perfect... less commercial stuff on YouTube.
Just because we like google doesn't mean they aren't wrong.
/. fave?
If I were to run a public ftp, and let people upload all sorts of copyrighted crap, I'm liable - wether I knew they uploaded it or not. Theres plenty of precedence there, people have been burned for "pubs" on their hardware, that they had no knowledge of.
Why should google be above the law, just because they're a
Youtube doesn't have the right to host whole tv shows, movies, etc.
Then YouTube turns around to sue a website for copyright infrigement, for allowing you to download the YouTube content - that they don't even own.
I hate youtube. I hate google even more for their involvement of it. It's napster jr, plain and simple, and it'll be shut down.
I don't need no instructions to know how to rock!!!!
YouTube is hosting the material, so ultimately Viacom will win.
Sure, YouTube is a cool idea and users love it, just like Napster was a hit with users. It's the darn content creators who are up in arms.
"We make our world significant by the courage of our questions and by the depth of our answers." Carl Sagan
>Whose side are you on?
Treebeard: "I am on no one's side, because nobody is on my side."
You can't talk about Wikipedia's flaws on Wikipedia
One multinational corporation vs. another multinational corporation. Why should I care? Let 'em slug it out. It's not like video on the Net is going to go anywhere, anyway. Spam is illegal, and he have tons of that. Kiddie porn is illegal, and we have tons of that online. Phishing and all kinds of other scams are illegal, and we have plenty of that. Does anybody think that corporate lawsuit #50,401,432 over online video is going to make any kind of real difference to anybody but the attorneys getting paid?
I don't respond to AC's.
taken the first step needed to be at the forefront of video based entertainment for the next decade or more. Viacom seems to be having second thoughts about upgrading their business model.
YouTube/GooTube will be shown to be innocent of any major issues. Viacom will have to get in the game and change their business model, or watch this particular game at home on tv!
We all understand clearly how the **AA has alienated their customers in no small way. Viacom is trying to do the same thing. While it is not clear what failed in the negotiation stage, it is clear to me that they will lose. It is not Google that puts offending material on the Internet. Remember that Google is hardly the only video sharing site on the Internet.
Viacom's real problem is not Google. Their real problem is that the public at large do not respect copyright as Viacom and others would like to define it. (lets not bring in the real definition at this point) That is to say: The public in general would like to redefine 'fair use' for copyrighted materials, and do so in a way that removes some of the business revenue from Viacom and others.
IMO, Viacom and others will simply have to get used to it, or be part of it if they want to stay in business.
Support NYCountryLawyer RIAA vs People
10 years ago, the music industry became aware of a little thing called "MP3s". They offered the potential of distributing music through online channels. But rather than embrace it as a new business outlet, fraught with exciting new opportunities and possibilities, the music industry tried to squash it. Before they knew it, Napster was created. So they quashed that. Then GNUTella was created and they could quash that. Then Kazza, and BitTorrent, and Limewire, and so on and so forth.
In the end, the music industry could not put the genie back in the bottle. It was only the introduction of iTunes that saved them from imploding.
I see a lot of parallels here. While YouTube videos may seem like a bad idea for the old distribution models, they are increasing the amount of exposure that many shows are getting. Comedy Central's hosts have been getting more famous by the day, thanks to YouTube, and CBS has managed to promote personalities like Craig Ferguson by releasing videos themselves. I can respect Loudback's position on this, but there's simply no room for stalling the market. The forces in action WILL demand a way, whether YouTube is the vehicle or not. It's better to embrace them than it is to fight them.
If you'll excuse the overused term, it's time to innovate!
Javascript + Nintendo DSi = DSiCade
I'm not on the side of either Viacom or Google. I'm on the side of the law. The law, specifically the DMCA, spells out what responsibilities Google has, and what Viacom has. Viacom's argument here is that, while Google lives up to it's responsibilities, Viacom finds living up to theirs inconvenient and therefore Google should be saddled with Viacom's responsibilities too. Sorry, Viacom, but that's a matter for you to take up with Congress (who wrote the law).
That's pretty much what the DMCA is all about, yes. However, Viacom is alleging bad faith on Youtube's part in that a) they do respond in a timely fashion, b) their material is predominantly infringing, and that c) they are profiting off the infringement. There's some precedents to back all these up, but I don't exactly have legal research resources beyond the intarwebs to cite them for you.
Some of these points are debateable, but the preponderance seems to weigh pretty heavily against Youtube.
Done with slashdot, done with nerds, getting a life.
Never mind sides. I'll be over here selling popcorn.
I don't know... all Google has to do is trot out Viacom's screwups like C&Ding a game engine tutorial and they can make a pretty good case that Viacom has no clue whatsoever how much of their stuff is on YouTube, and that their claims of massive infringement are massively overstated. Furthermore they can state that if Viacom can't figure out what they own, Google obviously has no chance to figure it out on their own, and therefore must abide by the safe harbor provisions of the DMCA and follow Viacom's takedown notices to the best of their abilities, given the evidence of Viacom's inaccuracies.
If I have been able to see further than others, it is because I bought a pair of binoculars.
One thing that many seem to be forgetting is that short excerpts are defined as fair-use. I believe that if Viacom actually does succeed with this lawsuit, it will set a very bad precedent. The majority of videos that have been taken down so far have been short clips, and thus fair-use compliant. I actually tried in vain recently to look up the clip of John Stewart's take on Senator "Series of Tubes" Stevens and Net Neutrality. It has been taken down (probably many times), and yet I am fairly certain that it would fall within the boundaries of fair-use.
I support the removal of full content, such as movies. It does not make a difference if they are chopped up into ten minute segments or not, because it is quite simple to put the full movie back together again. Regarding full television shows, though, I am still unsure. I believe that the boundary is blurred at that point. However, short clips of shows or movies should not by any means be removed. It does not matter if it is in order to placate the parent corporation or not. I hope that Google makes this one of the cornerstones of their defense, and really drives it home that fair-use is actively being usurped.
"We may face a scorched and lifeless earth, but they're accountable to their shareholders first."
My knee-jerk reaction is to say that Google should win, put I think this case needs to be looked at closer -- this is a good example of the future meeting the past.
On Google's side:
They are complying with the DMCA takedown notices. The problem is, as soon as one takedown is done, another copy goes up under another title or user name. It is like playing whack-a-mole.
Not all of the content is simply copies of content available on the air. I have seen some well done "Music Videos" (i.e. Clips from different movies/TV shows set to various songs) and some interesting stuff like the (fake) Titanic II film promo.
YouTube video is low quality. I would rather watch a full TV show on a real TV set rather than YouTube.
Google is in business to make money.
On Viacom's side:
The material does belong to them. Having to keep issuing takedown notices is a pain in the ass, and takes up a lot of time and money.
From Jim Louderback, also of PC Mag - Jim's Column - Providers such Viacom have agreements with Cable and Satellite providers stating that only x% of their programming can be on line (x is typically 10% or less), so having all of this video online could open them up to breach of contract.
They are in the business to make money.
On My Side:
It is good to have access to content without a lot of restrictions. Like it or not, content put out by Viacom, the RIAA, et. al. becomes part of our culture, and should not be totally locked up. The problem is, where should the line be drawn? I think Viacom should allow clips and derived content, but I can understand wanting to keep some sort of control over it.
I want as much content as possible for as little money as possible (I already pay for Internet and Satellite, so I have access to most of the Viacom channels)
Solutions?
So what is the best solution? There has to be some happy medium where everyone can get at least some of what they want. The RIAA has been fighting p2p for at least seven years now, and has nothing to show for it but declining revenues and increasing hatred by the public. Why would Viacom and/or Google want to end up in the same boat? If Viacom wins, they will look as greedy as the RIAA and the public will find other places to post content. If Google wins, Viacom et. al. will just lobby for changes in the DMCA, which already stinks enough as it is. So what to do --
1. Settle this suit by Google offering Viacom a reasonable payment to cover posting of material. At the resolution that YouTube uses, neither Viacom or the Cable/Satellite industry should suffer. Most people would rather watch shows on a nice TV instead of a small YouTube window.
2. Figure out a way to end the content wars once and for all. This includes the RIAA's ongoing war against p2p and along with the YouTube crap that is going on also. It is time to quit suing and put the Lawyers to work actually doing something constructive for once in their lives -- fixing copyright so that it works in the Internet era. This may involve a small monthly fee along with my DSL bill -- I wouldn't mind paying $5 to $10 per month to allow for legal p2p downloads, YouTube viewing, etc. Forget DRM -- it just penalizes your customers and doesn't stop "piracy" anyway.
The market has changed, and resisting change isn't working. It is time to quit trying to turn back the clock, and time to move forward. The VCR didn't kill the Movie Industry (quite the opposite -- take that Jack V), quit bitching and get to work. Otherwise, Viacom, the RIAA, et. al. will end up committing slow suicide.
Your call guys.
Rant over.
Beware of Sleestak
I agree. It's not a simple either/or question. Does Viacom have a right to protect its copyrights? Yes! Is one billion dollars in damages sensible, sane, or in any way indicative of the damage to Viacom's earnings? Absolutely not. I mean they could protect their copyrights with a simple injunction and a token payment to cover legal fees. But no, they've got to go all SCO and look for a billion dollar settlement.
And for that sort of money, you have to suspect that they're after more than just getting their stuff removed. I don't know whether it's just greed, dislike of Google or that they want to destroy YouTube. But I have to say that I don't really care.
As far as I'm concerned, Viacom's IP isn't worth one billion dollars of anyone's money and for them to win would be a serious miscarriage of justice. IMHO, YMMV and IANAL; but if TFA wants to know who's side I'm on, then that's who, and that's why.
Now if Viacom want to drop the amount they're suing for to something that makes sense in this parallel universe, then I might change my mind. Otherwise, Go Google!
Don't let THEM immanentize the Eschaton!
that's an excellent point... whom in your opinion would the allies be?
sarcasm:
-noun
1. harsh or bitter derision or irony.
and just where else would you pull estimated damages for unauthorized sharing from?
everyone in the intellectual property business pulls damages out of thier ass... that's standard operating procedure. the IP business is about selling stuff that doesn't really exist... it's stuff you pull it out of your ass and sell to other people. clearly, if someone distributes your imaginary product without your authorization, you can sue them for all of the imaginary sales that you have lost out on. as long as we are working in the realm of the imagination, you might as well imagine big and try to jack google for a billion dollars.
sarcasm:
-noun
1. harsh or bitter derision or irony.
What's clear to me is that, if they could, Viacom and the rest of the industry would like to charge you every single time you ever watched a piece of their content. They haven't managed to yet devise a successful system to accomplish this (remember DIVX DVD's, or RCA SelectVision videodiscs that actually wore out on use), but they have never given up on this dream. And these kind of lawsuits are just more small steps along the path to the Utopia of having full control over every second of music, and every frame of film forever.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
Godwin!
While I will grant you the point about Napster, I don't think it necessarily applies to YouTube. YouTube is at best good for short clips, whether copyrighted or not, not so much for anything full-length. Everything I've ever watched on YouTube is either video that the creator explicitly wanted to be there (promotional stuff for bands, etc.) or short clips from TV shows, that while technically infringing, is not any huge threat to the market for the real show and probably even works as promotion, at least IMHO. People who want to "steal TV" are getting it from BitTorrent, not YouTube.
YouTube became a phenomenon because it was the first popular way for people to share short video clips, not as vector to share copyrighted content. Yes, some copyrighted content does get shared, but I really don't see that as the *primary* reason for YouTube's rise, as opposed to Napster where I can't really make that argument.
Momentarily, the need for the construction of new light will no longer exist.
Unlike Napster, Youtube has copyright compliance policy. Youtube removes infringing content when requested by the copyright holder, and users' accounts can be suspended, which is a meaningful way of removing content if it is found that it was illegally posted.
Therefore, Youtube may enjoy some of the DMCA safe harbor protections, where Napster clearly did not satisfy the requirements to enjoy those protections.
Remember... it's not Youtube that posts offending content, it is some users of youtube.
Do you think DSL/broadband providers like Verizon be sued for damages, and ordered to cease all transmission of copyrighted material over their network, because what made broadband popular might have been the ease with which people could download illegal electronic copies of DVDs [without a proper license to the movies]?
How can you prove that it is "illegal" content which made Youtube popular? Can you show that the owners of the majority of content that is viewable are really harmed by youtube exposure?
Youtube is great for short clips, but it's more suitable for previews -- it is not high enough quality to satisfy someone watching for longer than 10 minutes, and most users aren't allowed to upload videos longer than 10 minutes.
I think in the unlikely event, you see part of a commercial movie you like on youtube, I think you're more likely to buy the real thing in the future. (In other words, one expects to see a positive effect on the market for the content -- how does a 10 minute preview hurt the content maker, again?... Only if the viewer discovers they HATE the movie after watching the preview, and maybe they would have bought it otherwise, just to try it and see if it was a cool movie.)
i don't have to worry about that. i have a grownup job. i work 8-12 hours a day for assholes and no one will ever ask me for an autograph. if you are so worried about people taking your imaginary product, perhaps you should get a grownup job too, or maybe you should diversify your offerings with stuff that can't be easily duplicated. or better yet, thank your lucky stars that you are able to make a living as a writer and that you don't have to get a grownup job like the rest of us.
let's say that i "steal" your book... as in i tried to pass it off as mine and make money from it. is that really what youtube does? can you really watch a YouTube Productions Ltd. of "Desperate Housewives" in HD quality?
no, you can't. you have to watch shitty clips that are in no particular order. i can see that the TV networks are in real danger.
now, let's say i took your book, and said to everyone i know "mcrbids wrote a cool book and i want you to read it... here take this shitty copy of part of it." if it was a hardcopy book that would be fine, but if it was a PDF the shit would hit the fan.
how can you say, with confidence, that the 10, 100, or 1000 people i gave the PDF to would actually have bought the book before i gave them a digital copy? how many of them would say "thanks! i was just about to pay money for that." you can't, therefore the damages you claim are imaginary.
on the other hand, i can say with relative certainty that if i emailed your book to a thousand people, at least one of them would go out and buy it. especially if it was good enough for me to bother copying and distributing it in the first place.
people treat intellectual property the same way that they treat real property. that's just how it is. you can waste your writing time fighting that battle or you can find a way to capitalize on it. the choice is yours. the only difference between you and viacom is that viacom can afford to sue for billions and all you as an aspiring writer can do is cry about it.
have their ratings suffered? don't they get paid by the networks before the shows go on the air? has some network threatened to drop the show as a result of youtube? won't the shows end up on DVD and in syndication eventually where there are profits from those sales just like every other studio? if anything, viacom can justify raining the price of it's show to the networks thanks to all the buzz on the net over their fabulous shows.
how much money does viacom need to keep producing shows? how much do you need to write a book? is a billion dollars really justified?
is there value in putting your life on hold to create something of value forthe world to enjoy? of course there is. are the people at viacom doing the same thing that the aspiring writer is doing? hell no. they are a huge corporation with billions and they are only interested in making more billions. i'm a little light on sympathy for giant media companies at the moment.
artists need to make livings in order to keep producing, but at some point in the pursuit of a living it stops being about the art and starts being about enriching the lifestyle. it happens to artists and it happens to people with grown up jobs.
i think suing google for a billion dollars is a clear message that it's stopped being about the art for viacom.
sarcasm:
-noun
1. harsh or bitter derision or irony.