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YouTube Must Give All User Histories To Viacom

psyopper writes "Google will have to turn over every record of every video watched by YouTube users, including users' names and IP addresses, to Viacom, which is suing Google for allowing clips of its copyright videos to appear on YouTube, a judge ruled Wednesday. Although Google argued that turning over the data would invade its users' privacy, the judge's ruling (.pdf) described that argument as 'speculative' and ordered Google to turn over the logs on a set of four terabyte hard drives." Update: 07/03 18:05 GMT by T : Brian Aker, now of MySQL but long ago Slashdot's "database thug," writes a journal entry on how companies could intelligently treat such potentially sensitive user data.

38 of 778 comments (clear)

  1. Tagged "fuckviacom" by courseofhumanevents · · Score: 5, Interesting

    Another company to purposely avoid.

    1. Re:Tagged "fuckviacom" by joaommp · · Score: 5, Funny

      Google is the cash cow for lawsuits now. I better jump on that wagon too.

    2. Re:Tagged "fuckviacom" by WingedHorse · · Score: 5, Insightful
      Some of us don't have a chance to do such decisions.

      I live in Finland so Viacom doesn't affect here. Still, Google is giving them all the records of my personal video watching too.

      Some might say "So what, nothing personal on youtube..." but for some of us there is. A lot of information about my friends, what kind of videos I watch, etc. are stuff that I don't want any third parties to know, really.

      I think I don't quite yet need to wait for my mother to ask

      Why did you get a "It seems you have been watching slash videos, would you be interested in these magazines..." mail?

      but it won't be far away if this kind of stuff gets more common.

      --
      Fine print: I work in internet advertising.
    3. Re:Tagged "fuckviacom" by sm62704 · · Score: 5, Insightful

      Another company to purposely avoid

      How? I don't buy stuff from Viacom, the TV stations do. As I don't watch much TV anyway my participation in a boycott isn't going to help any.

      That organized RIAA boycott sure helped. The four foreign-owned record labels ignore it, and all losses it causes are attributed to piracy.

      At first I thought "somebody needs to start blowing shit up" but then I realized that no matter what we do, it will be useless at best and probably counterproductive.

      Now, I haven't RTFA (yet) but the summary sounds like they're going after people who watch YouTube videos. How in the hell am I supposed to know the copyright owner doesn't want it seen? Not wanting your video seen is as stupid as not wanting your music heard.

      Is Hollywood that scared of Ster Wreck?

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    4. Re:Tagged "fuckviacom" by sm62704 · · Score: 5, Informative

      OK, I'm back. There's no way to say it nice, so I'll not mince words - the summary is inflamatory garbage. TFA says

      Viacom wants the data to prove that infringing material is more popular than user-created videos, which could be used to increase Google's liability if it is found guilty of contributory infringement.

      It doesn't say why Viacom needs user names; maybe I haven't had enough coffee yet, but TFA is pretty light on details too, and since IANAL reading the ruling won't do me much more good than a lawyer reading uncommented source code.

      TFA says the EFF is getting involved.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    5. Re:Tagged "fuckviacom" by Pojut · · Score: 5, Funny

      One of my good friends says he loves to eat chicken omlettes, because he is able to eat two generations of a family at once.

    6. Re:Tagged "fuckviacom" by Anonymous Coward · · Score: 5, Insightful

      Quite frankly, if you consider that information private, you shouldn't be using YouTube, or most other Google services. Google is known for logging everything and keeping the logs for a long time, and they're not doing it to have logs when they're sued for them. And it's not just Google. YouTube, Blogger, Flickr, MySpace, Facebook and all the other services are essentially data generation facilities which use the primary function as bait. You could post your own flash videos on your own web site. Everything you need for that is freely available. But you don't, because you don't actually care about your privacy and a distributed web structure, so quit whining.

    7. Re:Tagged "fuckviacom" by LilBlackDemon · · Score: 5, Insightful

      Thank you for pointing this out. Google does face additional liability if most videos are copyrighted material, and Viacom would likely be vindicated. That said, there's no reason to request usernames, IP addresses, etc., unless they were to go after the individual viewers. If they requested the IP/username for those who uploaded the protected works, however, that would make some sense.

    8. Re:Tagged "fuckviacom" by mikael · · Score: 5, Funny

      The domain information for the US court system is:

      United State District Court
      Southern District of New York
      http://www1.nysd.uscourts.gov/index.php
      207.41.15.28

      Country IP Range: 207.40.0.0 to 207.43.255.255

      It should be fun finding out what Youtube videos, the court system have been viewing...

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    9. Re:Tagged "fuckviacom" by Impy+the+Impiuos+Imp · · Score: 5, Interesting

      Google could run a simple select * or equivalent, changing each name to a guid of some kind. This would allow analysis of all users, per user, if necessary (which is doubtful anyway), without revealing any identifying info.

      Worse, this also reveals a trade secret -- Google can (and probably is) datamining to find what users actually choose to watch, which I'm sure Viacom wants to get their hands on.

      Think about what that data would be worth for creating new programs. This has stupidity and scam written all over it.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    10. Re:Tagged "fuckviacom" by erlando · · Score: 5, Insightful

      This is just as much reason to avoid Google, or any company that keeps any kind of logs of your behavior.

      And yet you are posting on Slashdot...

      --
      Remember, there are no stupid questions. But there are a lot of inquisitive idiots.
    11. Re:Tagged "fuckviacom" by Anonymous Coward · · Score: 5, Insightful

      Your mistake isn't not to trust Viacom, your mistake is to trust Google. You're exhibiting the "nobody ever got fired for buying (IBM|Microsoft)" attitude. Google's interests may be aligned with your interests at the moment, but there's no guarantee that it will stay this way. Remove the "do no evil" facade and you'll see that it's just another global corporation looking for ways to capitalize on its assets.

    12. Re:Tagged "fuckviacom" by CauseWithoutARebel · · Score: 5, Insightful

      While I disagree with the judge's decision for various reasons, I feel no sympathy for your friends, and the plight induced here is not among the reasons I object to the decision.

      Youtube is a publicly available website and, as such, videos on it are public displays. If they didn't want to broadcast their shenanigans, they shouldn't have made a public display of those shenanigans.

      Government obtaining damaging information by thwarting the privacy of citizens is one thing, but this would be government obtaining damaging information by simply accessing content that it - and everyone else - was given implicit permission to view.

      Your friends would do well to spend a little more time thinking through the repercussions of their actions. Even if this had never crept up, there are still countless other ways such reckless displays can fall into 'the wrong hands'.

    13. Re:Tagged "fuckviacom" by twistedsymphony · · Score: 5, Interesting

      Hmm... I've made some videos, I should request that google give me all of the user records too just to be sure that they didn't infringe.

      Better yet, I should request that Viacom give me recorded history of everyone that works for them and all the footage they've ever produced to ensure that they haven't violated any of my copyrights.

    14. Re:Tagged "fuckviacom" by Linker3000 · · Score: 5, Funny

      Now where the fck is Google gonna get 4 x 10^12 one byte drives!?

      --
      AT&ROFLMAO
    15. Re:Tagged "fuckviacom" by twistedsymphony · · Score: 5, Insightful

      Analogy time: if I sit outside a store and record the date and time that each customer walks into and out of the store, that's my information. It may be about you, if you're one if the customers, but it's still my information.

      The difference is that Viacom didn't sit outside youtube and record who went in and out. Youtube (as most sites) has a privacy policy that says they wont share the info, viacom walked into the store and demanded the books...

      So on one end of the spectrum we have a mother who posed as a teen on myspace ending in a case that will make violating a TOS a federal offense analogous to hacking a network... and on this end of the spectrum Privacy Policies are completely worthless if a company simply guesses that there is wrong doings.

      Is there any way to legally make myself a company instead of a person? I think I'd have way more rights that way.

  2. Um.. uh... er.... by tgd · · Score: 5, Funny

    That must've been a hacker who got onto my computer who was searching for "bunny", "kitties", "puppies" and "babies".

    I only search for "fire", "car crashes", "backyard wrestling" and "boobs".

    *grunt*

    >.>

  3. Anonymize by |DeN|niS · · Score: 5, Insightful

    Viacom wants the data to prove that infringing material is more popular than user-created videos, which could be used to increase Google's liability if it is found guilty of contributory infringement.

    So anonymize the data. Ask your friendly local CS student for instructions. You can get all your statistics from that.

    Oh, that isn't actually the reason you want the data? Yeah, thought so. DIAF

  4. I'm going to be rich by Erie+Ed · · Score: 5, Funny

    Now that they gave out my private information to another company without my consent i can now sue google and become rich...I pitty the suckers that bought stock in google.

  5. Protective Order by John+Hasler · · Score: 5, Insightful

    The users need to intervene as a class and request a protective order. They probably can't get the subpoena quashed but they probably can get the judge to limit what Viacom can do with the data and who can see it. They should ask him to limit access to the data to outside experts sworn to secrecy.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    1. Re:Protective Order by Anonymous Coward · · Score: 5, Informative

      Here are some details about the Hon. Louis L Stanton:

      http://www1.nysd.uscourts.gov/judge_info.php?id=31

      It provides some ways to contact him (including a phone number) for those who might want to share their displeasure over his ruling.

    2. Re:Protective Order by Anonymous Coward · · Score: 5, Interesting

      I called the chambers and left a message with the woman who answered the phone. She seemed genuinely annoyed today so perhaps she is taking several messages about the issue. Although I could be wrong.

  6. Why.. by Anonymous Coward · · Score: 5, Insightful

    Why would Google even keep this info. We seriously need to learn to stop tracking this kind of stuff. It's like the Patriot act and libraries. When the act passed and libraries found out that checkout records of their users could be used in court most libraries simply stopped keeping a record of them. Companies like Google need to start doing the same.

  7. Re:How far should discovery go? by Yvanhoe · · Score: 5, Insightful

    Just provide it as is the custom in trial : on paper

    Then blame Viacom on the sudden disappearance of the Amazonian forest.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  8. So this is the future of civil lawsuits... by liquiddark · · Score: 5, Insightful

    Who needs to win cases when you can receive millions of dollars in data simply by going through discovery proceedings?

  9. Viaccom Brands to avoid by IronWilliamCash · · Score: 5, Informative

    Here's the list of all the brands you now want to avoid because Viacom is being a bitch.

    media networks,bet networks,bet,bet j,mtv networks, atomfilms, addictinggames, cmt, comedy central, gametrailers, harmonix, logo, mtv, mtv2, mtvn international, mtvu, mtv tr3s, neopets, nickelodeon - nick jr., nick at nite, noggin, parentsconnect, quizilla, rhapsody, shockwave, spike tv, the n, tv land, vh1, vh1 classic, vh1 soul, virtual worlds, xfire, filmed entertainment, paramount pictures corp, paramount pictures, dreamworks studios, paramount vantage, mtv films, nickelodeon movies, home entertainment, global reach, brand index

  10. Re:Viacom's reasoning for this information by mysidia · · Score: 5, Insightful

    In other news... Slashdot ordered to hand over the IP addresses and usernames and list of comments posted by every individual to read the "YouTube Must Give All User Histories To Viacom" thread on slashdot, including the identities of all "anonymous coward" viewers and posters, and their ip addresses.

    CmdrTaco protested that the action would violate reader privacy, but the court dismissed it as mere speculation.

    It seems Xyz Co. insisted that most of Slashdots' profits came from participants sparking illegal protests.

  11. Re:Viacom's reasoning for this information by SpcCowboy · · Score: 5, Interesting

    The issue is not so much that they want the viewing logs to prove their argument. Anyone sufficiently motivated could study that since YouTube posts the number of views for each video on the site. The bigger issue is acquiring the names and IP addresses for everyone along with the view numbers. I fail to see how having that information is relevant to their case.

    --
    -- Anyone who has never made a mistake has never tried anything new. -- Albert Einstein
  12. Re:Viacom's reasoning for this information by EMCEngineer · · Score: 5, Insightful

    Yeah, but shouting at them doesn't work that well. I mean, who is going to stand around the whole time while I shout, "This guy's corporation is violating your personal privacy, subverting the courts into a money making operation instead of a justice system, twisting laws to suit his own needs, bribing members of congress with contributions to their campaigns or charities, harming innovation with restrictive IP laws, violating anti-trust laws via industry groups, and he's also badly dressed."

    Really, the problem with protesting any of this is threefold:
    1 - the problem is poorly understood by the general public
    2 - protestors are starting to be ignored as whackos
    3 - even if you can get the point across and have people understand why this is a problem, they will be apathetic

  13. Re:Viacom's reasoning for this information by afidel · · Score: 5, Insightful

    So, WhyTF do they need usernames and IP's? The popularity of a clip has NOTHING to do with WHO viewed it, simply how MANY people viewed it. Asking for usernames simply means they are either out to sue individuals or they want the information for profiling purposes which has nada to do with the lawsuit and so should not be allowed in discovery.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  14. Re:Guh..? by 4e617474 · · Score: 5, Interesting

    I think GP is wanting to know why Viacom needs to know who watched, when posting the copyrighted content is more unambiguously actionable. FTA:

    Viacom wants the data to prove that infringing material is more popular than user-created videos

    When the Supreme Court ruled on Grokster, they considered that Grokster knew that the service would be used overwhelmingly for illegal files, and that legal files wouldn't account for enough traffic to make the whole thing worthwhile/profitable. Illegal activity may not have been integral to the technical model of what they were doing, but it was integral to the business model. It looks like they're going to try to make the case that Google knew that copyrighted material was going to be essential to driving enough traffic to the site to make it a credible medium. That would make their participation in the infringement pretty willful.

    --
    Finally modding someone offtopic when they rant about what "Begging the Question" means: priceless.
  15. The legal term is "fishing expedition" by Anonymous Coward · · Score: 5, Interesting

    IAAL.

    When someone asks for discovery outside any reasonable boundry, attorneys refer to it as a "fishing expedition". Here, they just want to see the user patterns, so that they can do a stat analysis and figure out new ways to handicap a service they don't control.

    The overarching reason for all of this litigation is only secondarily about copyright. The primary reason is so that they can learn and when they ask the "series of tubes" know-little (but bought and paid for) congress for son of DMCA they know how to hamstring.

    While the Viacoms and Sonys of the world don't like the internet and can't kill it, they can try to hobble it at every turn. This, HDCP, etc are all part of one grand scheme to control the pipeline. "child porn" is the excuse to filter at the ISP......

    Think of 1978....they controlled your tv, and that's the way they liked it. That is the ideal.

  16. Re:How far should discovery go? by KillerBob · · Score: 5, Insightful

    Funny... but also insightful. As much of an environmentalist as I am (and I am), I'd say give it to them on paper. Maybe compromise, on 100% post-consumer fibre paper.... They want reams and reams of information that they don't really have a right to, and a judge is going along with it, so give it to them. In a format that will take them a decade to sift through, by which time it won't be relevant any more.

    --
    If you believe everything you read, you'd better not read. - Japanese proverb
  17. We could solve this problem. by symbolset · · Score: 5, Insightful

    Abolish copyright. End the insanity.

    --
    Help stamp out iliturcy.
    1. Re:We could solve this problem. by ThJ · · Score: 5, Interesting

      As a YouTube user from Norway, I now feel violated by a court decision made in the United States. I'd be pleasantly surprised if non-US IPs are excluded from this handover. Those bloodsucking leeches should be forced to sue the whole world (and have their case thrown out of the courts) before they could even touch this information.

    2. Re:We could solve this problem. by Wandering+Wombat · · Score: 5, Interesting

      But if we abolish copyright, then we can't keep suiing Viacom for copyright infringement!

      In 2007 Viacom, claiming copyright infringment, requested the removal of a Youtube video that contained a part of their show, Web Junk 2.0, which featured a video from Youtube that Viacom allegedly used without permission. Christopher Knight, the creator of the video, wrote in a blog post: "So Viacom took a video that I had made for non-profit purposes and without trying to acquire my permission, used it in a for-profit broadcast. And then when I made a YouTube clip of what they did with my material, they charged me with copyright infringement and had YouTube pull the clip. Folks, this is, as we say down here in the South, 'bass-ackwards.'"[5] Knight subsequently filed a Digital Millennium Copyright Act counter-notification claim with YouTube. Two weeks later Viacom yielded to Knight and the disputed clip was restored.

      --
      I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
  18. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  19. Re:How far should discovery go? by ArtemaOne · · Score: 5, Funny

    I do NOT want Viacom knowing how many times I've been Rick-rolled.