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YouTube Begins Defense, Seeks Depositions

eldavojohn writes "YouTube has begun their defense against Viacom by first calling on 30 depositions from people like Jon Stewart & Stephen Colbert. While the article mentions that YouTube has not revealed what they hope to gain in these depositions, I think Jon Stewart's opinions will weigh in favor of YouTube. Comedy Central's parent company, Viacom, objects to YouTube's hosting of their content. Comedy Central hosts many Daily Show & Colbert Report clips on its own site, bringing in its own ad revenue."

18 of 106 comments (clear)

  1. It's a Tactic by vjmurphy · · Score: 5, Interesting

    You ask to depose a number of people, hoping that the inconvenience of the process will force the other side to back down. That's why Comedy Central has the Google founders on their deposition list. It's lawyering.

    --
    Vincent J. Murphy
    Spandex Justice
    1. Re:It's a Tactic by megamerican · · Score: 5, Insightful

      In this particular case you may not be entirely correct. Stephen Colbert held a contest called Stephen Colbert's green screen challenge, which had viewers take stock footage of colbert messing around with a lightsaber and edit it in any way. The submissions were supposed to be made on youtube, not on any hardware Viacom provided. Submissions of the contest were regularily shown on the Report for over a month.

      Both the Daily Show and the Report have used youtube in many ways to poke fun at it and use it for their show. Since Stewart and Colbert both have much to do with their shows content creation, it fits that they might be deposed.

      --
      If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
    2. Re:It's a Tactic by ajs · · Score: 5, Informative

      You ask to depose a number of people, hoping that the inconvenience of the process will force the other side to back down. That's why Comedy Central has the Google founders on their deposition list. It's lawyering. Probably not. The goal, here, is to discover exactly what's going to come out in court. Obviously the folks involved with The Daily Show will have information about the impact that You Tube has had on the show, how ratings have been doing, and so on.

      Google needs to make the case that brief exposure to copyright violation (while Viacom staff hunts down the content and issues formal complaints to You Tube) has not had a negative impact on the programs that have been infringed. They also need to show that they've been prompt in responding to concerns about copyright violations on their site.

      If they can make those two points, they'll have a start to a workable case. The real question is how much effort Google can realistically be asked to put in to make sure that their users don't upload copyrighted material. The answer to that question will have far-reaching impacts on every site (mine included) that allow users to contribute their own content whether text, audio, video or something else.
    3. Re:It's a Tactic by larry+bagina · · Score: 3, Informative

      this is a "deposition". Before the trial, there is a process called "discovery" where lawyers interview people who might have relevant facts (or sometimes they submit a written deposition). There's a lot more leeway than when calling a witness at the actual trial.

      --
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    4. Re:It's a Tactic by HUADPE · · Score: 5, Interesting

      They can use it to allege unclean hands. If Viacom is taking Google IP, and Google is taking Viacom IP, neither might be able to successfully sue. http://en.wikipedia.org/wiki/Unclean_hands

      --
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  2. Is there any doubt? by Otter · · Score: 3, Funny
    While the article mentions that YouTube has not revealed what they hope to gain in these depositions...

    Probably they're hoping that Colbert will raise his eyebrows and bug his eyes out during his deposition. Then they can put the footage on YouTube and rake in viewership from all the Colbert fans: "Look, while he said that he raised his eyebrows and bugged his eyes out! It's funny because he raised his eyebrows and bugged his eyes out!"

  3. From the (Wrong) Horse's Mouth by Stanislav_J · · Score: 5, Insightful

    I'm pretty sure both Stewart and Colbert have previously stated that they were pleased to see clips of their shows on YouTube, as it could only generate publicity and drive more viewers to the show. Unfortunately, neither gentleman holds the copyright to the shows, so their opinions might not carry much weight in this case. They may be the stars in front of the camera, but they are still basically employees.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
    1. Re:From the (Wrong) Horse's Mouth by Major+Blud · · Score: 4, Insightful

      Yes, people are going to come out and say that they should be considered heroes for standing up to Viacom and caring about user content on YouTube...but the truth is that they are employed for Viacom. If they really cared that much about their stuff being able to show up on YouTube, they would both quit Viacom and go exclusively web-based. This won't happen, and these guys are going to stay with whom their paychecks come from.

      --
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    2. Re:From the (Wrong) Horse's Mouth by toleraen · · Score: 4, Interesting

      If they quit Viacom, it'd be kinda tough to get any more Daily Show or Colbert Report on the web, wouldn't it? They don't care about having their content "free" (as in speech) on YouTube. They want it on there "free" (as in beer) to generate a larger audience. They understand that if you give some users some free content, they'll be more likely to watch the show 'live' on TV when it first airs.

      I know for me, watching Lazy Sunday on YouTube brought me back to checking out SNL again for the first time in several years...maybe that's just me though.

  4. Have anyone tried to use Comedy Central's video? by Weaselmancer · · Score: 4, Insightful

    It's not worth it. Slow, laggy performance and you have to wade through pages of premercials before you get to the crappy player. I've tried it a few times and it's such a lousy experience I don't bother anymore.

    They should simply strike a deal with YouTube, take a percentage of ad revenue from pages with Comedy Central clips on them - and let the pros handle the video.

    --
    Weaselmancer
    rediculous.
  5. I swear... by veganboyjosh · · Score: 4, Funny

    to tell the truthiness, the whole truthiness, and nothing but the truthiness.

  6. Objection: relevance? by MBraynard · · Score: 4, Insightful
    I recently was arrested for stealing a hamburger from McDonalds. McDonalds has a new get-tough policy lately because of this growing trend of 'hamburgling.'

    My lawyer has suggested - quiet brilliantly - that I subpoena Roger. Roger is the guy who works the register at the location where I've been hamburgling. He sometimes sweeps the floor. His IQ is around 75 and he has worked there for over ten years. He really knows the restaurant business because of all of that experience.

    Roger agrees with me that the hamburgers cost too much and are of too low quality to pay for. He also thinks that having me come into the store in my hamburglar outfit excites the customers by giving them a little drama in their supersizeme lifestyles - so they are more likely to return and eat more. A testament to my success is that since I have been working that golden arches, on-site cardiac arrests and ambulence visits from all the McD customers have triped. Toilets overflowing incident reports have quadroupled.

    We think we can get Roger to testify on my behalf that my hamburgling is actually helpful to McDonalds and that I'm not stealing anything of much value anyway.

    Robble Robble.

  7. Re:Have anyone tried to use Comedy Central's video by abes · · Score: 4, Insightful

    That's the thing that gets me. The amount of effort they put into lawyering could easily be fixed otherwise by making a page that works. And why don't they include whole episodes? It's not rocket science. It's a really simple formula to follow. First take content, then put it on the fucking page, ordered chronologically. Oh, and yeah, please make a decent player.

    The thing is, people are lazy. People will watch advertisements. Youtube doesn't usually have entire episodes, the episodes vary in quality, and it can sometimes take a good amount of time to actually find. If they just put the content where people want it (remember that whole economics thing, with supply and demand?), then why not provide it? You can even make money on it. Really.

    Not to mention of course, Youtube helps gain popularity for the show. Something called advertisements. Something most companies have to spend a lot of money on.

  8. Great idea by Bombula · · Score: 5, Funny
    [From the executive offices of Viacom and Comedy Central]

    "OK guys, I've got a great idea! There's this company out there on the interwebs called youtube, and they're owned by Google, and they get tens of millions of visitors every day. Now they're willing to host our videos - get this - for free!

    So here's my idea: let's put our videos on our own website instead! That way, we can pay for all our own web design, site maintenance and bandwidth, we can make sure that the interests of the advertisers who finance us go unserved thanks to our site getting just a tiny fraction of the traffic youtube gets, AND we can piss the whole world off in the process! How can we lose!?

    --
    A-Bomb
  9. Opinions change by gorbachev · · Score: 3, Insightful

    "I think Jon Stewart's opinions will weigh in favor of YouTube."

    I wouldn't count on that. I bet Mr. Stewart will be thoroughly "briefed" by Viacom Corporate Counsel prior to the deposition about what's an appropriate response in behalf of Mr. Stewart's employer.

    --
    In Soviet Russia, I ruled you
    1. Re:Opinions change by drivinghighway61 · · Score: 3, Insightful

      Viacom needs Jon Stewart more than Jon Stewart needs Viacom. Think about it. If Jon was fired from his job at The Daily Show, he would immediately be signed by a rival to Viacom. I don't think he really has much to worry about other than speaking his mind. At the very least, he might make Viacom look good for hiring an intelligent man.

    2. Re:Opinions change by LunaticTippy · · Score: 3, Insightful

      It doesn't really matter who needs who. There is a contract that doesn't expire until next year. There have been rumors that NBC may try to hire Jon Stewart to do late night, and an alleged dinner with the head of NBC, Jon, and his agent.

      Given how popular his show is, I would be surprised if there wasn't a bidding war for him once his contract is up.

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  10. Re:Why don't........ by kebes · · Score: 5, Insightful

    Exactly. The sooner the content industry gives up on this obsession with complete control, the sooner a viable business model will emerge (and by "viable" I mean "fits with the internet").

    Yes, some users will edit-out the commercials. Others will skip past them. It doesn't matter. A very large number of users won't bother skipping the commercials (if they are sufficiently short and not too frequent). And, if you make the shows very easy to find and download, users won't bother looking on P2P sites for the equivalent commercial-free version.

    The key here is to make the experience for the consumer sufficiently convenient that they no longer feel the need to overcome "the system." When commercials are annoying, people learn to circumvent them (e.g. adblock on webpages, record and fast-forward for video). When commercials are "good" (sufficiently short, infrequent, and maybe even entertaining), people will watch them.