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Viacom Looks For Google Staff Uploads in YouTube Logs

Barence writes "Viacom wants to know which YouTube videos have been uploaded by members of Google's staff, in what could be a potentially explosive aspect of its copyright infringement claim against the search giant."

308 comments

  1. Pointless... by Darkness404 · · Score: 4, Insightful

    What Viacom is doing is absolutely pointless. Want to make money? Have free downloads of *all* your shows on your website. And upload a bunch on YouTube too, why? Because YouTube is an easy way to watch videos, and I believe that Google will pay you to have ads in your videos.

    --
    Taxation is legalized theft, no more, no less.
    1. Re:Pointless... by mark72005 · · Score: 5, Insightful

      Why would someone download video clips with embedded ads if there were another source for the same clips without the ads?

      There's going to be a showdown here, because i don't think the internet ads model generates a lot of revenue. Naturally Viacom wants people watching their programs on TV only so they can keep ratings up and TV ad revenues up.

      I'm not a fan of Viacom's behavior either, but it seems strange to suggest that they would make more money that way.

    2. Re:Pointless... by mweather · · Score: 1

      Then Viacom needs to push for video on demand, because that's the only thing that can save TV. Even then, you've basically got the Int

    3. Re:Pointless... by pieterh · · Score: 5, Informative

      Well, SouthParkStudios.com proves this. But Viacom is not interested in looking for new business models. They are looking to protect their existing business models, and YouTube hurts these.

      The thing is, it's not sharing clips that hurts Viacom's business. That probably helps, free publicity for programs.

      What hurts Viacom is user-generated content: eyeballs going to watch stuff that is produced totally outside the normal distribution model.

      So Viacom is not IMO trying to protect its copyrighted content. What it wants to do is scare people who use YouTube into thinking "my personal data ain't safe", to create a chilling effect that will stop user-created content.

      Imagine if Viacom had been infiltrated by Scientologists and they could now get access to logs of who uploaded, and who watched, videos by Anonymous. It's not likely but the mere idea this could happen will drive some people away, fracture the community, and make passive TV watching seem safer again.

      OTOH, Viacom, not being an Internet company, does not realize that this kind of attack on a community always has the exact opposite effect.

      So the result will be a hundred new video sharing sites, and a much more difficult situation for Viacom, both for copyright takedowns, and for competition to their programming.

    4. Re:Pointless... by Darkness404 · · Score: 4, Insightful

      Why would someone download video clips with embedded ads if there were another source for the same clips without the ads?

      Why would someone use an OS that is proprietary and expensive when there is a free OS that is open source and costs nothing? Convenience. Same idea here, people will go where it is convenient, be it Viacom's site, YouTube or TPB.

      --
      Taxation is legalized theft, no more, no less.
    5. Re:Pointless... by Reality+Master+101 · · Score: 4, Insightful

      What Viacom is doing is absolutely pointless. Want to make money? Have free downloads of *all* your shows on your website. And upload a bunch on YouTube too, why? Because YouTube is an easy way to watch videos, and I believe that Google will pay you to have ads in your videos.

      That's like a movie theater making an illegal print of a movie, showing it in their theaters, then sending a token $1 for each showing back to the theater. And when the studios complain, they say, "Shaddup. What are you complaining about? You're making money, aren't you?"

      Maybe Viacom (and anyone else) want to be able to decide where their work shows and how much money it makes.

      --
      Sometimes it's best to just let stupid people be stupid.
    6. Re:Pointless... by Jellybob · · Score: 3, Insightful

      What hurts Viacom is user-generated content: eyeballs going to watch stuff that is produced totally outside the normal distribution model.

      While it would be nice to think that was the case, I don't think it's really happening yet. Sure, people will go and watch a few user created videos when there's nothing new to read on Slashdot during their lunch break, but I can't see the family gathering round the computer to watch "Jim's Low Budget Talent Show" in the same way as they would for "The X-Factor".

      That might change at some point in the future, but from my highly unscientific surveys, most people browsing YouTube are doing it to watch clips from Top Gear and the like.

    7. Re:Pointless... by Robocoastie · · Score: 1

      so true Darkness404. All viacom has to do is what the music companies SHOULD have done: rather than whine about it join them or design their own site with higher quality and ditch the commercials because we flat out hate them. That's the underlieing issue with suppossed video copying: we despise the old way of being forced into commercials. New media is all about choice, not force.

    8. Re:Pointless... by Darkness404 · · Score: 2, Insightful

      Maybe Viacom (and anyone else) want to be able to decide where their work shows and how much money it makes.

      Umm... Lets see. Which is going to get more views, either A) an episode that gets shown on TV say 10 times a year or B) the same episode that is online for viewing 24/7. More views == more money, granted, online distribution has a slightly lower profit margin, but it also has slightly lower costs.

      And by regulating, who can see their work, they are missing out on a whole bunch of fans. Anime proved this. Sure, people download anime from Japan, translate it and repost it, but as the Anime studios figured out, this lead to more fans so they could release the English language Anime and have a fanbase.

      --
      Taxation is legalized theft, no more, no less.
    9. Re:Pointless... by pieterh · · Score: 5, Interesting

      Totally unscientific survey: my 4-year old daughter prefers to browse YouTube than television. Admittedly she tends to follow pop videos. But she prefers the mouse to the TV remote.

      If it's true that people use YouTube to watch clips from TV programs, then Viacom are even stupider than I thought...

      But stupid or not, this seems to be the start of the TV industry joining the music and movie and telecoms businesses in attacking the open Internet.

      I wonder what kind of Internet my daughter will have when she grows up.

    10. Re:Pointless... by plasmacutter · · Score: 1, Interesting

      because we all know movie studios are special, holy, blameless businesses who are utterly 'entitled' to profit.

      The viability of these industries' business models is gone, kaput, byebye.

      The continued facilitation of their nuking every potentially viable replacement off the economic map is orders of magnitude worse than the proverbial "welfare queen".

      Not only are they leeching money off our economy directly through legalized extortion, they are strangling new sectors which could actually create jobs in the cradle.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    11. Re:Pointless... by blakbeard0 · · Score: 1

      SouthParkStudios.Com is owned by Viacom...

    12. Re:Pointless... by Darkness404 · · Score: 2, Insightful

      While it would be nice to think that was the case, I don't think it's really happening yet. Sure, people will go and watch a few user created videos when there's nothing new to read on Slashdot during their lunch break, but I can't see the family gathering round the computer to watch "Jim's Low Budget Talent Show" in the same way as they would for "The X-Factor".

      No, but think about how many people make and watch say, fan-made music videos. And think of all the internet memes that have happened because of user-made content. Sure, user-made content won't have the same appeal as major shows, but I think that a lot of people spend an hour watching user-made content and might watch 2 hours of "normal" TV.

      --
      Taxation is legalized theft, no more, no less.
    13. Re:Pointless... by Hyppy · · Score: 2, Insightful

      Maybe Viacom (and anyone else) want to be able to decide where their work shows and how much money it makes.

      No, they should be able to decide how much to CHARGE. Very distinct and important difference.

    14. Re:Pointless... by Captain+Hook · · Score: 4, Insightful

      I don't think the internet ads model generates a lot of revenue. Naturally Viacom wants people watching their programs on TV only so they can keep ratings up and TV ad revenues up.

      I've always wondered about that. If internet advertising doesn't work, why does TV advertising? I suppose it could just be audience size, but if advertisers are so good at their job, why can't they produce more tailored ad campaigns for a more fractured audience given how much more (potentially at least) they know about the person seeing the ad.

      The one thing Internet advertising has given ad managers is more accurate information on response rates. How do you measure TV response rate, the number of people phoning a number asking for a product after a advert goes out? that would seem to give vague numbers at best.

      Perhaps it's just more honest response rate which are harder to hide that ad managers dislike about Internet advertising.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    15. Re:Pointless... by felipekk · · Score: 2, Insightful

      Wrong analogy. Regarding the videos, with or without ads the content is basically the same. On your OS comparison, the content is 100% different.

      A correct version of your analogy would be: why would someone use a OS build with ads on it instead of the same build without ads?

      The answer is still the same, though: convenience.

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

      Wait, are you saying Linux is inconvenient for the average person to use? Blasphemy! I cast thee out! at least if any of my 6 other accounts have mod points.

    17. Re:Pointless... by speedtux · · Score: 0, Flamebait

      Why would someone use an OS that is proprietary and expensive when there is a free OS that is open source and costs nothing? Convenience.

      That can't be it, because Windows is not particularly convenient.

    18. Re:Pointless... by sm62704 · · Score: 2, Insightful

      Why would someone download video clips with embedded ads if there were another source for the same clips without the ads?

      Why do people watch movies on TV when you can rent the DVD for a dollar and see it ad-free, uncut, uninterrupted, uncensored, in your choice of widescreen or standard, that you can pause to go to the bathroom?

      I was watching What Women Want this past weekend at a friend's house (I don't have cable) and was appalled that cable keeps sucking more and more. In the early eighties movies were uncut and uncensored and commercial-free. Then they started putting logos at the bottom right. While she was flipping through the channels I noticed that one of them had imbedded ads for their programming at the top left.

      But cable manages to stay in business somehow. Same goes here.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    19. Re:Pointless... by NotBornYesterday · · Score: 1

      I generally agree with this and several other comments you've made here. But just to play devil's advocate ... what about scarcity? If supply and demand set pricing in a market, controlling access to a piece of media reduces its availability. By controlling supply, theoretically they can get a higher price in return (ie, the TV ad spots will go for more than the web ads).

      But as you pointed out, they, like many other traditional media outlets, have forgotten the demand side of the equation. If consumers have a greater expectation of content on demand, and Viacom's isn't there when they click on YouTube, any model based on controlling supply in the old-fashioned way falls apart. Out of sight == out of mind. In media, out of mind == out of business.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    20. Re:Pointless... by Anonymous Coward · · Score: 0

      Why would someone download video clips with embedded ads if there were another source for the same clips without the ads?

      Because they can watch it on their appleTV or similar from their couch with a touch of the remote? I know I would rather have my TV shows _freely_ and directly on my aTV from YouTube than do the ktorrent/ subdownloader/ scp/ rinse/ repeat trick.

    21. Re:Pointless... by Darkness404 · · Score: 1

      generally agree with this and several other comments you've made here. But just to play devil's advocate ... what about scarcity? If supply and demand set pricing in a market, controlling access to a piece of media reduces its availability. By controlling supply, theoretically they can get a higher price in return (ie, the TV ad spots will go for more than the web ads).

      Ah, but you are forgetting one thing. Premiers. There is a reason that Super Bowl ads run outrageous prices, not because it will only be shown once, but because people will watch it the first time it shows. Season premiers along with season finales are a great way for Viacom to rack up TV ad revenue. No one will care if it is the end/beginning of a season when it goes to reruns. And I am assuming that Viacom won't put the episode online for, say a week after it gets broadcast. So yes, the web ads will not have enough profit margin, but how many people watch the end to a cliffhanger of their favorite show on TV? Just about everyone, so by putting content online they don't risk the high-yield TV ads.

      --
      Taxation is legalized theft, no more, no less.
    22. Re:Pointless... by Anonymous Coward · · Score: 0

      And by regulating, who can see their work, they are missing out on a whole bunch of fans. Anime proved this. Sure, people download anime from Japan, translate it and repost it, but as the Anime studios figured out, this lead to more fans so they could release the English language Anime and have a fanbase.

      Bzzt. Or show me citations that anime studios like or even tolerate fansubbers. If you do, I'll show you dozens showing the opposite.
      Disclaimer: I'm a fansubber

    23. Re:Pointless... by SanityInAnarchy · · Score: 3, Informative

      That's like a movie theater making an illegal print of a movie, showing it in their theaters, then sending a token $1 for each showing back to the theater. And when the studios complain, they say, "Shaddup. What are you complaining about? You're making money, aren't you?"

      Oddly enough, this is exactly how radio works. As I understand it, anyone is allowed to play any song on any radio, so long as they pay their royalties through a system which has been established for this purpose.

      I'm not going to say whether that's a good thing, just interesting.

      --
      Don't thank God, thank a doctor!
    24. Re:Pointless... by jwriney · · Score: 5, Funny

      I wonder what kind of Internet my daughter will have when she grows up.

      Don't worry, it'll still have porn on it.

      --riney

    25. Re:Pointless... by Roxton · · Score: 1

      True, but replace "user-generated content" with "independently-generated content" and you might see what the fuss is.

      Viacom and the other content networks control the set of content that is seen by a mainstream audience. Not only that, but they control the revenue model of people who make television shows.

      Right now, independent producers are locked out. They cannot get investors, create a show, and put it where people can and will see it. If YouTube becomes a popular place to get content (it's not hard to imagine some quality changes and mass-production of a YouTube set-top box if the market were there), the old model simply goes away.

      Independent-produced content will only take off quickly if it's a peer in a system that will also show current mainstream content. Companies like Viacom can easily keep that from happening by controlling the channels of distribution.

      I don't think YouTube is going to be the great Liberator of Content. Maybe NetFlix+SetTop?

    26. Re:Pointless... by cliffski · · Score: 2, Insightful

      TVs do not (generally) have the equivalent of adblock. And there is no easy way to totally cover the users monitor for five minutes of fullscreen ads on the web that they cannot disable.
      It's totally different.

      Internet advertising does work, but the payback per ad view is trivially small. I've experimented with ads on my site, and the revenue is even more laughable after the ad managers take their cut.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    27. Re:Pointless... by edumacator · · Score: 1

      I've always been surprised they don't use one sponsor per ad. I'm a soccer fan...football for all you non-Americans out there...and I've always loved the early attempt at having few commercial interruptions by getting the occasional flash of "This program is brought to you by..." across the bottom of the screen. That would seem like a simpler ad model to me, and relatively unobtrusive.

      But hey, I'm not the kind of guy they tend to advertise too. I don't buy stuff.

    28. Re:Pointless... by Standard+User+79 · · Score: 1

      This gets a +5?

      1. SouthParkStudios content is owned by Viacom.

      2. Viacom claims that YouTube built their business around stolen content (in particular Viacom's content). Whether YouTube's success is from cats doing funny stuff or copyrighted material is a big deal. They are not interested in suing or scaring you when they can prove damages against a multi billion dollar company.

      3. Infiltrated by scientologists?

    29. Re:Pointless... by cliffski · · Score: 1

      Your tone suggests you know more about the video content industry than Viacom do, which suggests you must own a multi-billion dollar business right?

      believe it or not, the people running movie and TV studios know a lot more about their business, how it makes money, how much money, from who, under what circumstances, than any of us here posting on slashdot.

      there is a general tone when getting annoyed at copyright, that people adopt which runs along the lines of "why can't they numbskulls see that X would make them more money!!!!"

      Could it not be that they *do* know how much they have to lose from having their content on youtube, and that they *do* know how much it gets them in terms of advertising, and have decided that they would prefer not to have that content available free for damned good business reasons.

      Unless you have access to the spreadsheets at viacom HQ, you don't know what they know.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    30. Re:Pointless... by mark72005 · · Score: 0, Redundant

      Agreed.

      Do you notice TV commercials? I certainly do. Can you recall information from them? Has a TV commercial ever influenced your buying behavior?

      Now, do you notice internet banner ads? Do you ever click on banner ads? Neither do I.

    31. Re:Pointless... by cliffski · · Score: 2, Insightful

      eh?

      By removing all of THEIR content from youtube, surely they are leaving this exciting new sector WIDE OPEN to people who want to (for some reason) make program they release for free?

      If their 'business model is dead' (yawn) then you should be happy to see the product of such a dinosaur-system of content removed from youtube...
      You can't have it both ways.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    32. Re:Pointless... by faraway · · Score: 1, Flamebait

      Why would someone use an OS that is proprietary and expensive when there is a free OS that is open source and costs nothing? Convenience.

      That can't be it, because Windows is not particularly convenient.

      Maybe for you. Everyone I know who has a job that requires the use of a computer finds Windows quite convenient. If they had a lot of free time to play around, maybe they'd figure out how to use alternatives. Until then, Windows is convenient.

    33. Re:Pointless... by Anonymous Coward · · Score: 2, Insightful

      She won't know the magic that we knew...

      Imagine... right now you can type in a few words from any song, any movie... and in less then a minute be watching it somewhere.

      You can tell google the few words of the song you remember, and it can tell you the lyrics.

      You can have a friend over, and say "I saw a comic last night on TV, you'll love this guy" and have it up to show him as you're saying it.

      THIS is what the internet is capable of, the magical world of data transfer we dance in daily. And this is what they seek to destroy

    34. Re:Pointless... by Reality+Master+101 · · Score: 1

      No, they should be able to decide how much to CHARGE. Very distinct and important difference.

      That's what I meant, though I phrased it poorly. :)

      --
      Sometimes it's best to just let stupid people be stupid.
    35. Re:Pointless... by phoomp · · Score: 1

      "Naturally Viacom wants people watching their programs on TV only so they can keep ratings up and TV ad revenues up." Exactly. TV producers don't like Internet distributed and watch-when-you-want models for the same reason that music labels don't like single-track music purchases: there's no lock-in to encourage customers to consumer lesser products. Music labels put alot of effort into 2 or 3 songs on an album and then fill up the album with a couple of minimal effort products. Similarly, TV producers put alot of effort into a few shows for each night, and then stick some cheaply made filler shows in between, hoping that you'll be too lazy to change the channel. Watch-when-you-want makes it too easy to change the channel. I no longer watch NBC, CBS, Fox, etc. I watch House, BSG, a few reality shows, etc, when I want.

    36. Re:Pointless... by alex4u2nv · · Score: 1

      simple:
      Main screen turn on.
      click channel,
      sit and watch everything, including the advertisments. Even if you walk away, you get piece of the ads.

      On the web,
      Power on, boot, login, launch web browser, go to url. sort browse, download, watch.
      A lot more work. And if you've been to the site a lot, the Ads become evironment decoration, and you don't even see it.

    37. Re:Pointless... by PachmanP · · Score: 1

      But you'd probably have to pay for it at which point you must ask what's the point of the internets if there is no more free pr0n.

      --
      You're thinking small. Why miniaturize the laser, when we could instead enlarge the sharks? -John Searle
    38. Re:Pointless... by phoomp · · Score: 3, Insightful

      The OS is not the content. It is only the means of delivering the content. Slashdot looks exactly the same through Windows, Linux or MacOS.

    39. Re:Pointless... by Reality+Master+101 · · Score: 2, Interesting

      Oddly enough, this is exactly how radio works. As I understand it, anyone is allowed to play any song on any radio, so long as they pay their royalties through a system which has been established for this purpose.

      Yes, but the royalties are negotiated among both partners. You can get a license for a public performance of a movie as well, if you want to.

      Now, it would be interesting if there was some sort of radio model for movies, but the difference is that radio stations choose the play list. They don't just let people upload songs that get broadcast, and then pay the piper later.

      --
      Sometimes it's best to just let stupid people be stupid.
    40. Re:Pointless... by Mordok-DestroyerOfWo · · Score: 4, Interesting

      I've been using hulu.com for a lot of stuff. I really don't mind the ads playing every 15 minutes or so. They're unobtrusive, no louder than the show, and they're not the same one every time. Plus the quality is substantially higher than youtube even if the selection isn't quite the same. It's how I get my Daily Show fix every day. The only trouble is the money goes to Mark Cuban but it's a small price to pay.

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    41. Re:Pointless... by phoomp · · Score: 1

      TV ads work because the ads block out the content. Every 10-15 minutes the content is replaced with 3-4 minutes of ads. On the Internet, ads can easily be ignored, even without Ad-Block.

    42. Re:Pointless... by Darkness404 · · Score: 1

      Your tone suggests you know more about the video content industry than Viacom do, which suggests you must own a multi-billion dollar business right?

      No, but I do probobly know more about the nature of the internet than Viacom does. As so most of us here on /. .

      Could it not be that they *do* know how much they have to lose from having their content on youtube, and that they *do* know how much it gets them in terms of advertising, and have decided that they would prefer not to have that content available free for damned good business reasons.

      It could. But being as Viacom never put anything on YouTube they obviously couldn't have figured out how much money it would have made. And given from their tones about the lawsuit, many many people watched Viacom materiel on YouTube, if anything else that would mean that they have that much to gain in pure profit by uploading to YouTube.

      --
      Taxation is legalized theft, no more, no less.
    43. Re:Pointless... by Darkness404 · · Score: 1

      If their 'business model is dead' (yawn) then you should be happy to see the product of such a dinosaur-system of content removed from youtube... You can't have it both ways.

      It is the distribution model that is dead. And so this is taking out the old distribution model from the show, and put it in the new, better model of distributing shows.

      --
      Taxation is legalized theft, no more, no less.
    44. Re:Pointless... by yoha · · Score: 0

      Well, SouthParkStudios.com proves this. But Viacom is not interested in looking for new business models. They are looking to protect their existing business models, and YouTube hurts these.

      Thieves hurt most business models.

    45. Re:Pointless... by dedazo · · Score: 2, Insightful

      Are you talking about your own opinion and perception, or that of a few hundred million people who do find it convenient?

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    46. Re:Pointless... by alexgieg · · Score: 1

      I wonder what kind of Internet my daughter will have when she grows up.

      Maybe the open Internet will have been all but destroyed by then, but on the other hand this will come with the exponential growth of darknets.

      For example, I remember running Freenet 0.5 some years ago and finding it almost unusable: slow, slow, SLOW. However, this weekend I tried again with the newer Freenet 0.7, running under a much improved JRE than the one available back then, and I was amazed at how much it improved performance-wise! Sure, it's still far slower than regular Internet, with much less content, but it's becoming more and more usable with each passing day.

      Thus, I wouldn't worry too much. The Internet as we know it won't disappear. It will live, even if "hidden" under strong cryptography inside the (by then) nominal one. And anyone wishing to access it will be able to with minimal effort.

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    47. Re:Pointless... by Snaller · · Score: 1

      "There's going to be a showdown here, because i don't think the internet ads model generates a lot of revenue."

      Last year google made more money from adds that the three american tv networks combined.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    48. Re:Pointless... by jedidiah · · Score: 1

      Hundreds of million of people don't "find it convenient".

      They just find it "inconvenient" to use anything else.

      Microsoft has an effective monopoly. Getting people to
      try let alone use anything else is an uphill battle.
      This applies to ANYTHING. This applies to alternatives
      that are obviously superior to Windows in pretty much
      any respect.

      This effect stymies Apple nevermind Linux.

      This effect stymied Apple when the OS coming from Microsoft was MS-DOS.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    49. Re:Pointless... by Snaller · · Score: 1

      "That's like a movie theater making an illegal print of a movie, showing it in their theaters, then sending a token $1 for each showing back to the theater."

      Except for the part where it isn't like that at all.

      "Maybe Viacom (and anyone else) want to be able to decide where their work shows"

      Hence why he said they should put them on youtube.

      "and how much money it makes"

      No, gone are the days of greed and greed - they'll have to settle for "way to much" in the future.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    50. Re:Pointless... by jedidiah · · Score: 2, Informative

      > TVs do not (generally) have the equivalent of adblock.

      Sure they do. It's called a Tivo.

      The content can be freely recorded and played back in any
      fashion you like. You can even cut out the commercials if
      you really want or just skip over them in 30 second intervals.

      Hulu is a huge step backwards.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    51. Re:Pointless... by jedidiah · · Score: 4, Insightful

      He is suggesting no such thing.

      Viacom bought the relevant law: the DMCA. Now they are mad because
      they have to use it in order to get stuff purged from YouTube.

      Viacom is upset because they have to use the law that they bought
      and paid for. Boo hoo.

      This is NOT about letting the shoplifters run amok in the candy store.

      This is about Cadbury going house to house with stormtroopers.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    52. Re:Pointless... by Solandri · · Score: 1

      Totally unscientific survey: my 4-year old daughter prefers to browse YouTube than television. Admittedly she tends to follow pop videos. But she prefers the mouse to the TV remote.

      If it's true that people use YouTube to watch clips from TV programs, then Viacom are even stupider than I thought...

      That's actually a very important point. Viacom's old business model is based on controlling what you watch and when you watch it (pre-scheduled TV).

      People (including your daughter) prefer to control what they watch. They want to watch what they want, when they want. VCRs, DVRs, and now YouTube and downloadable video are all shifting this control from the copyright holder to the viewer. The big media companies have opposed all of these improvements to viewer convenience because it represents a loss of control for them.

      At some point they, and our legal system, will have to come to grips with this. Which should take precedence - viewer convenience, or media control? That's the real issue here, not copyright. If the media companies were making strides in delivering content at the viewers' convenience, then copyright would be the issue. But for the most part they're not, so copyright just becomes a means to try to retain control. They initially opposed VCRs for this reason, but once the court forced them to get comfortable with the idea that people could "own" copies of their copyrighted works, they made a fortune.

    53. Re:Pointless... by tepples · · Score: 1

      I've always been surprised they don't use one sponsor per ad.

      Each advertisement typically hawks the product of one sponsor, except in cases where multiple companies make one product. This might be the case for a branded toy included with a fast-food meal or a breakfast cereal.

      Or did you mean "one sponsor per program" or "one sponsor per commercial break"? I've seen some of those, especially with the longer spots for prescription drugs, insurance, and products not sold in stores. It doesn't happen more often because networks can get more money if more than one company sponsors a show. Even PBS shows have several sponsors.

    54. Re:Pointless... by DerekLyons · · Score: 1

      What Viacom is doing is absolutely pointless. Want to make money? Have free downloads of *all* your shows on your website.

      Maybe Viacom (and anyone else) want to be able to decide where their work shows and how much money it makes.

      Umm... Lets see. Which is going to get more views, either A) an episode that gets shown on TV say 10 times a year or B) the same episode that is online for viewing 24/7. More views == more money

      Wrong.
       
      Views alone don't make money - views that someone pays for makes money.

    55. Re:Pointless... by Microlith · · Score: 1

      And by regulating, who can see their work, they are missing out on a whole bunch of fans. Anime proved this. Sure, people download anime from Japan, translate it and repost it, but as the Anime studios figured out, this lead to more fans so they could release the English language Anime and have a fanbase.

      And as you say this, in the past year:

      - One US studio has closed down almost entirely, handing most of its catalog off to another US studio.
      - Another studio is grasping at straws, and its viability is in question.

      People download anime, translate it and repost it, and a HUGE segment of the fanbase not only does not ever buy the show but they actively harass and denigrate those who do. The concept of compensating anyone for their work (not even the production studios, much less the US licensors) seems completely foreign to a huge amount of the new (last 8 years or so) fanbase.

      You can look at what's popular on the torrents, and see shows with 8000-9000 leechers and 2000+ seeds. But you'll be lucky if you see even half of that in actual sales, which as we've found these days isn't enough to sustain the production of damn near anything. The attitude of "it's free and I want it for free, what's this 'pay' thing you keep talking about" carried in the fanbase is showing itself to be quite self-destructive.

    56. Re:Pointless... by MobileTatsu-NJG · · Score: 1

      Totally unscientific survey: my 4-year old daughter prefers to browse YouTube than television. Admittedly she tends to follow pop videos. But she prefers the mouse to the TV remote.

      I think we all want true video-on-demand. Sad thing is, their customers are beating them to it.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    57. Re:Pointless... by adamwright · · Score: 1

      Being a UKian, I now get BBC shows via the BBC iPlayer (www.bbc.co.uk/iplayer) for free, but only via streaming (I'm Mac based). I could almost certainly get the same content for free via Bittorrent at higher resolutions, as a file I can easily add to my iPhone/360 etc. I still use the iPlayer; convience is a huge win, as is consistent quality. I don't have time or inclination to trawl torrent trackers to find content - past experiments in doing so have nearly always yielded situations whereby I'd be better off flipping burgers at McDonalds, then using the money to buy the content - I'd be in pocket from the transaction timewise, and have the show legally.

    58. Re:Pointless... by menace3society · · Score: 1

      Maybe Viacom (and anyone else) want to be able to decide where their work shows and how much money it makes.

      The customers decide how much money they make. If the premium they charge over free, user-generated content is too high, they don't make any money.

      Unless, of course, they pull a record cartel move, where they get the government to put a tax (which is then paid to the archaic content distributors) on computers, net connections, or web services.

    59. Re:Pointless... by Lemmeoutada+Collecti · · Score: 1

      Avenue Q, an adult Sesame Street like puppet show, is something I would never have even heard of were it not for a user-made World of Warcraft video on youtube. I saw the WoW machinma and had to find out where the song behind it originated, thus found the Avenue Q video (also on the tube). From there, a quick Google to their site and I am now planning to go see the show live.

      Just because some of it gets out does not always mean that we won't support what we like.

      --

      You can have it fast, accurate, or pretty. Pick any 2.
    60. Re:Pointless... by scorp1us · · Score: 1

      TV is an out dated concept anyway. I should be able to subscribe to a show like I subscribe to a RSS feed, then down load it when the episode is ready. TV on *my terms*. I don't care if there are ads in it. The reason why I have a DVR is because I want freedom in my scedule. Still the DVR is only partially complete. When I learned of the "Big Bang Theory" (Sit Com)I should have been able to get all previously aired episodes (with ads, be they for current contracts, or the ads at the time it originally aired) and catch up immediately. Currently the TV biz requires you to wait for re-runs. So what did I do? I got the torrents for it. We all would have won, except the torrents excluded the commercials, so the studio looses out because they are clinking to an outdated broadcast medium.

      TV is not alone. There should be direct-to-DVR movies as well. Forget having to deal with annoying people in the theater, the outrageous food & beverage prices, and all those wonderful in-theater smells...

      Everything should be direct-to-consumer.

      --
      Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
    61. Re:Pointless... by HTH+NE1 · · Score: 1

      Umm... Lets see. Which is going to get more views, either A) an episode that gets shown on TV say 10 times a year or B) the same episode that is online for viewing 24/7. More views == more money, granted, online distribution has a slightly lower profit margin, but it also has slightly lower costs.

      They can make more money by quashing good content and keep expectations lower so that cheaper OK content still sells. If great content is available forever, the market for other content is diminished. Take a look at Disney's DVD reissue business.

      Mama Carlson: Dr. Fever, in every business, there are not pluses and minuses, but pluses and pluses... but only if the minuses are played correctly.
      [Fever looks at Mama Carlson, bewildered]
      Mama Carlson: You don't understand, and I don't expect you to...
      Johnny: [interrupting] No. No, I understand. This is so deeply warped that even I can make sense of it. 'KRP is not supposed to make money! We're set up to lose! That's our job.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    62. Re:Pointless... by Vancorps · · Score: 1

      Speak for yourself, as a manager of a site that sees a fair amount of traffic, we make a good amount in ad revenue. Of course it's not our primary revenue source so I suppose it works better for us than a lot of people that rely on it alone. Of course we don't use an ad manager. People buy ad space on our site directly which means we host the content ourselves and then don't have to worry about mal-ware getting distributed to our visitors.

    63. Re:Pointless... by Bane1998 · · Score: 0

      I wonder what kind of Internet my daughter will have when she grows up.

      Don't worry, it'll still have porn on it.

      When his daughter gets into the internet porn business, we'll have come full circle. I look forward to watching her first video.

    64. Re:Pointless... by Locke2005 · · Score: 1
      Why would someone download video clips with embedded ads if there were another source for the same clips without the ads?

      Because, quite frankly, the video resolution on YouTube sucks! I for one would gladly suffer through a few ads in order to view a show that is not streamed in highly compressed QVGA. Why all the networks don't simply use the same advertising supported broadcast for free business model on the internet that they have been using on the airwaves for 70 years is beyond me. In the early days of television, actors used to stop in the middle of a live routine to hawk product. Networks need to work on repealing the laws preventing them from doing so and go back to the model where the advertising is indistinguishable from the program. (Since this is being done anyway with product placement and most gameshows.) Make it hard enough to edit out the advertising, and nobody will bother to do so... and you can count all those downloads as consumer eyes when selling sponsorships. Remember that bandwidth cost money, and nobody is going to host high-quality video without a compensating revenue stream, even if they are getting all their content for free.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    65. Re:Pointless... by Khyber · · Score: 0, Offtopic

      It does NOT look the same on my PSP, from which I can post on Slashdot.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    66. Re:Pointless... by Vancorps · · Score: 1
      That model works great when product has high viewership. When you have 160 channels and nothing on however your viewership is quite small and so you need ads from more sources since the advertisers need to hedge their bets across more channels. That also means they aren't willing to pay as much for space which means more ads.

      It's a never ending shame spiral until they figure out how to make money without inundating viewers with ads.

    67. Re:Pointless... by Travelsonic · · Score: 1

      - One US studio has closed down almost entirely, handing most of its catalog off to another US studio. - Another studio is grasping at straws, and its viability is in question.

      100% due to piracy? Pfft. sure. Piracy impact, I will not deny that, but nobody buys that which blatantly ignores other possibilities - except the simple minded that is.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    68. Re:Pointless... by dedazo · · Score: 3, Interesting

      I'm sorry, are you implying that because I say something positive (or even non-negative), or have a different opinion than you, that I must work for Microsoft or have some sort of financial stake in the company?

      Do you actually expect people to discuss topics like these with you with that sort of attitude?

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    69. Re:Pointless... by Vancorps · · Score: 1

      People here at the office gather round desks all the time to watch certain videos. Just this morning someone had to show me a music video. At home we often show our guests a skit that one of my friends produced on youtube while he was drunk one night. It's hilarious and always leads to a video session where people share their favorite videos.

      Of course these sessions don't last very long since everyone is standing around the computer.

    70. Re:Pointless... by Anonymous Coward · · Score: 0

      Considering convenience is a completely relative term, what the fuck is the difference between Windows being convenient to the average consumer, and everything else being inconvenient?

    71. Re:Pointless... by hvm2hvm · · Score: 1

      Which is completely unrelated to the discussion about PC OSs.

      --
      ics
    72. Re:Pointless... by repvik · · Score: 1

      TV is an out dated concept anyway. I should be able to subscribe to a show like I subscribe to a RSS feed, then down load it when the episode is ready. TV on *my terms*.

      Now that's just like a torrent site I'm subscribed to... hmm... I have a RSS feed with my favourite shows, a script that automatically downloads a torrent when the show has been uploaded (generally in the middle of the night for me), and wake up in the morning to fresh new episodes of South Park, House, Simpsons, etc.
      If I could have the same convenience legally, I would pay for it ;)

    73. Re:Pointless... by Hurricane78 · · Score: 0, Troll

      No, it's not. You just threw "PC" is there to keep up your flawed argument.
      YHL. HAND.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    74. Re:Pointless... by Anonymous Coward · · Score: 0

      ...and she will have the staring role too....

    75. Re:Pointless... by edumacator · · Score: 1

      Or did you mean "one sponsor per program" or "one sponsor per commercial break"?

      Oops...you caught a Freudian slip. I guess I feel that the "programs," which is what I meant to say, are just long ads now...

    76. Re:Pointless... by speedtux · · Score: 1

      I'm sorry, are you implying that because I say something positive (or even non-negative), or have a different opinion than you, that I must work for Microsoft or have some sort of financial stake in the company?

      It's not a question of "opinion"; Windows systems take a lot of time and manpower to install and maintain, that's just a fact. It's something you can reproduce for yourself. It's something you can also measure by looking at the number of machines a single support person can support in an organization. I've measured and quantified this. You obviously have not.

      Do you actually expect people to discuss topics like these with you with that sort of attitude?

      Why would I want to "discuss" anything with you? You're either deliberately lying or simply making things up. Either way, you shouldn't get away with it.

    77. Re:Pointless... by EdIII · · Score: 0

      From what I understand, South Park IS legal, as they have free downloads already.

      Furthermore, ANYTHING that is broadcast over the air is completely legal for you to download from the Internet (torrent).

      1) It is not illegal to intercept radio waves and do ANYTHING that you want to them, including recording them. It IS illegal to interfere with them, which is different.

      2) When viewing intercepted radio waves on a something like a TV, it is NOT illegal to choose which frames you will look at it, and which frames you will drop. Automatic commercial skipping may have been sued into non-existence, but it was not theft and was not illegal.

      3) Since it is abundantly clear to most reasonably clear headed individuals that you would have received the TV show for free through other mediums, AND would have not exposed yourself to the commercials either, then receiving the TV show through ANY medium is not illegal as well.

      Something that is given away for FREE is ALWAYS FREE.

    78. Re:Pointless... by dedazo · · Score: 1

      Windows systems take a lot of time and manpower to install and maintain ... I've measured and quantified this

      Since I use Windows every day, and I work with companies that deploy thousands of desktops and servers with the OS, I disagree. I'm not sure how you "quantified" this at all. I don't spend more time maintaining my Windows desktop than my Linux one. If you do, you must be doing something wrong.

      Why would I want to "discuss" anything with you?

      It's generally accepted fact that when you post to a public forum, you should expect people to reply to you. That is why you post here, is it not? Or do you enjoy taking into the wind by yourself?

      You're either deliberately lying or simply making things up.

      Your "quantification" seems a lot more made up than my personal opinion that Windows is not the existential nightmare people like you claim it to be.

      Either way, you shouldn't get away with it.

      How am I "getting away" with "it", please explain.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    79. Re:Pointless... by slashgrim · · Score: 1

      she prefers the mouse to the TV remote.

      Mouse to interface with TV? Huh, I guess Starship Troopers was right. Now we just have to watch out for giant asteroid hurling bugs. Would you like to know more? http://www.youtube.com/watch?v=TiU_NmYUy7U

    80. Re:Pointless... by Anonymous Coward · · Score: 0

      THIS is what the internet is capable of, the magical world of data transfer we dance in daily. And this is what they seek to destroy

      Because it threatens their outdated PUSHcentric business model.

      The internet is more or less PULLcentric as the searchers go out and look for stuff that interests them.

      The 'dark side' is that anything that is not a service or are IP carrier units (books, CDs, DVDs, and the like) can be, with some work, turned into computer files and shared with millions online--likely against the copyright holders wishes and interests. That makes the value of such works essentially $0.00 and not worth paying for. All they are good for is 'free advertising'.

      Viacom and the like can't win.

      If they clog their content with ads and post it online, the media pirates will cut the ads out and re-upload the content somewhere else so they may as well not bother putting the ads in in the first place.

      It looks like all the Internet is good for nowadays is as a source of information or entertainment--not a way to make a buck. The people who got in in the early days of the internet when it was new and novel have made their cash, pulled it out, and are doing something else with their lives....

    81. Re:Pointless... by Anonymous Coward · · Score: 0

      Totally unscientific survey: my 4-year old daughter prefers to browse YouTube than television.

      4-year olds don't buy much, directly or indirectly, compared to the 15-25 mental age range that is easily manipulated & separated from their cash. TV has limited slots, so commercial networks concentrate proportionally to what they can best sell to advertisers. It's a little like clothes. There's clothes for everyone, but where do you see the big profit and big advertising? 15-25.

      If you don't live somewhere that has a state-funded television option mandated to serve the entire populace, quality programming for people outside that age group becomes very thin. The availability of worthwhile content on the internet further reduced the eyeballs that demanded better than pap. About the only thing that's prevented complete collapse of commercial TV to moron-land is the need for family programming that mixed sex & age groups can watch on the couch together. And the rise of DVD purchases has erroded that one pretty heavily.

    82. Re:Pointless... by nospam007 · · Score: 1

      TV is for old people, as discussed here several times. The average age of TV watchers has passed 50 some time ago.

      I ditched mine over 10 years ago and I'm an old fart myself.

    83. Re:Pointless... by Anonymous Coward · · Score: 0

      Hulu is a good service but needs more content. Don't mind the ads either. They're about as prevalent as Joost but currently Hulu is the only one that works within Linux.

    84. Re:Pointless... by masterzora · · Score: 1

      If you don't want to discuss anything with him, try me. My primary machine is a dual boot Win XP 64-bit / Debian Lenny 64-bit. My primary work machine is Win XP 32-bit with a virtual session of Hardy running on the second monitor. I installed and maintain both machines myself, so I figure I've got a good idea of how much time and manpower Win XP & Linux personal desktop machines each take. I own no stock of any sort, I am a university student employed at said university, so I have no stake Microsoft at all.

      That all said here's my experience: Windows took maybe 15 minutes longer to install than Lenny for partitions of approximately the same size. The work machine isn't particularly relevant since the VM is small compared to the machine. Yes, this fifteen minutes is indeed longer. But, since we're talking about personal desktop machines, a one time (or even occasional if, for whatever reason, you need to reinstall a year down the road or whatever) extra fifteen minutes isn't really a deal breaker of any sort. Especially since the extra fifteen minutes is of the "the user doesn't need to be at the computer" form.

      As for maintenance, I have found that both have taken me approximately the same amount of time. For every time apt-get dist-upgrade has saved me time over Microsoft updates, I've found myself having to get some fiddly little detail (like banshee or video codecs) working again. For every time I've had something wonky happen on Windows, I've had Compiz stop working entirely (and, in fact, I've fixed all the wonky things that have happened in Windows so far and to date nobody knows what's up with Compiz).

      When it comes down to it, for the average personal desktop, I have found *no considerable difference* in installation and maintenance times. At that point, the familiarity with Windows is enough for it to be the more convenient option for a lot of people.

      --
      Remember, open source is free as in speech, not free as in bear.
    85. Re:Pointless... by MobileTatsu-NJG · · Score: 0, Flamebait

      When you talk of "a few hundred million people who do find it convenient", are you parroting Microsoft marketing materials, or are you merely talking about your own misperceptions? How much Microsoft stock do you own that you are so motivated to misrepresent the facts?

      I'm surprised Linus lets you talk with your mouth full.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    86. Re:Pointless... by FamineMonk · · Score: 1

      I like Hulu as well but I have to disagree on the ad's being the same volume as the show. I find that most of the shows are very quite and the ad's very loud and well some might be different you'll still run in to ones that just show you the same damn ad every time.

      Also they really need to work on when the ad's come in to a show its annoying to have someone cut off mid sentience just to watch the same damn 30 sec pitch for shitty shampoo that i don't want.

      Other than that if Hulu can keep it up and get some good ad deals I see them (and sites like them) taking off in a big way.

    87. Re:Pointless... by speedtux · · Score: 1

      When it comes down to it, for the average personal desktop, I have found *no considerable difference* in installation and maintenance times.

      Good. Now...

      For every time apt-get dist-upgrade has saved me time over Microsoft updates, I've found myself having to get some fiddly little detail (like banshee or video codecs) working again. For every time I've had something wonky happen on Windows, I've had Compiz stop working entirely (and, in fact, I've fixed all the wonky things that have happened in Windows so far and to date nobody knows what's up with Compiz).

      Those are issues you're getting because you choose to spend time on them, not because you have to. By default, many distros will give you Metacity and Rhythmbox, and there's a reason for that. Furthermore, you have chosen a non-commercial distribution (Debian) that requires more hands-on work than others. On other distros, video codecs require no fiddling at all.

      If you want to spend less time fiddling, use Ubuntu LTS about 3-6 months after its initial release, or SuSE or some other "business" distro. Furthermore, buy supported hardware and don't install fiddly packages when non-fiddly ones will do.

      On the other hand, since you're fairly experienced, you are probably much more effective at installing and using Windows, and you probably mess it up less, than the average Windows user.

      Basically, you confirmed what I was saying: even with all the choices you make, you still spend about the same amount of time on Windows and Linux. And most businesses and users will end up spending more time on Windows than you, and much less on Linux.

    88. Re:Pointless... by cliffski · · Score: 1

      wow, you know more about the internet and how it affects the market for viacoms products than viacom do...

      Bullshit.

      Why don't you go sell your incredible wisdom and business strategy abilities to them as a consultant for $500k a year then?

      Everyone on /. thinks they are expert business strategists, but amazingly their strategies never manage to make them any real money (and thus put those dinosaur media companies out of business), and are only ever used in arguments to defend piracy of some sort or another...

      --
      DRM-free indie games for the PC and Mac: Positech Games
    89. Re:Pointless... by MobileTatsu-NJG · · Score: 2, Insightful

      Your tone suggests you know more about the video content industry than Viacom do, which suggests you must own a multi-billion dollar business right?

      No. Instead, he's a customer. You know, those people that give their money to these corps in exchange for content. How they could get him to spend more money is entirely relevent.

      believe it or not, the people running movie and TV studios know a lot more about their business, how it makes money, how much money, from who, under what circumstances, than any of us here posting on slashdot.

      Fun fact: The 'business' fought home recording tooth and nail for fears that copying would kill the industry. Now we have DVD sales rescuing cancelled TV shows and box-office bombs turning a profit. They didn't know their customers.

      Could it not be that they *do* know how much they have to lose from having their content on youtube, and that they *do* know how much it gets them in terms of advertising, and have decided that they would prefer not to have that content available free for damned good business reasons.

      Despite history telling them a different story, they assume everybody'll put a ridiculous amount of energy into avoiding paying for content. They are not in touch with their customers, so it's important when they speak up.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    90. Re:Pointless... by speedtux · · Score: 0, Troll

      Since I use Windows every day, and I work with companies that deploy thousands of desktops and servers with the OS, I disagree

      Well, it's hardly a surprise that a Windows system manager would claim that Windows is easier to maintain.

      Your "quantification" seems a lot more made up than my personal opinion that Windows is not the existential nightmare people like you claim it to be.

      Almost every major system management operation in Linux takes less time and less user interaction than the equivalent operation on Windows: the initial install, software upgrades, driver installs, operating system upgrades, network configuration, application installs, setting up network installs, etc.

      If you want to claim that Windows maintenance takes less time, at least try to come up with a plausible story and plausible examples. But you have no facts, you just repeat Microsoft's bullshit TCO claims.

    91. Re:Pointless... by Lunarsight · · Score: 1

      What Viacom doesn't get is your average Youtube user isn't going to sit and watch an entire show on Youtube. Due to the program length limitations, it's just too cumbersome of a process.

      I find what typically happens is 'sketches' or 'bits' of the program get viewed. From there, the viewer may take interest, and tune into a program they may not otherwise had exposure to.

      Of course, this entire lawsuit has had the opposite impact on me. I've stopped watching all Viacom-owned channels outright out of disgust.

      Viacom should put that in their pipe and smoke it.

    92. Re:Pointless... by Lunarsight · · Score: 1

      TVs do not (generally) have the equivalent of adblock. And there is no easy way to totally cover the users monitor for five minutes of fullscreen ads on the web that they cannot disable.

      Yes - they do have an equivalent of "ad block". It's called "going to the fridge for a snack".

      The issue isn't that people are missing advertisements via Youtube that they would otherwise see via television. Let's face it - 99% of all television spots aren't really getting viewed anyways. Unless it's a fantastic advertisement, the ads get relegated to being background noise by the viewer.

      However, Viacom realizes that they need to make advertisers FEEL that their ads are likely to be viewed to justify the cost of the time window. If they can't justify that, the cost of the advertising time drops, and Viacom loses money.

      That's why Viacom is going after Youtube.

      The thing Viacom doesn't get though is Youtube can be used to get more people viewing their programs. This in turn can be used to justify higher rates for advertising time, if it reflects favorably in the Nielsen ratings.

      Perhaps there's another reason why Viacom programming doesn't always do well with Mr. Nielsen. Have you tried watching some of the crap on their stations? It's pretty horrid. Even prior to me boycotting their stations, I wasn't watching that much of it anyway!

    93. Re:Pointless... by gullevek · · Score: 1

      That's wrong. I spend almost 0 time on our windows deployments. Because I know how to deploy it and how to keep it patched and how to keep it secure.

      And this is something that counts for every OS. You can screw up OS X & Linux the same way you can screw up Windows.

      --
      "Freiheit ist immer auch die Freiheit des Andersdenkenden" - Rosa Luxemburg, 1871 - 1919
    94. Re:Pointless... by Anonymous Coward · · Score: 0

      Depends on how you look at it.. If your charging companies to place adds on your site, there is a lot of money to be made.

      As of June, advertisers had spent $5.8 billion to place ads online this year.

      http://news.cnet.com/Internet-ad-revenue-climbs-26-percent/2100-1024_3-5882670.html?hhTest=1

    95. Re:Pointless... by Anonymous Coward · · Score: 0

      Even more pointless. No one wants to watch the copyright holders' videos when they're filled with forced annoying ads.

    96. Re:Pointless... by Anonymous Coward · · Score: 0

      I disagree. TVs have had mute buttons and VCRs/DVRs for ages - and the average person understands these technologies a lot better than they understand internet ad blocking technologies. I suspect that among people who block advertisements, a higher percentage do so with their TVs than with their computers.

      Internet advertising makes you little money because your site is one of a bazillion, rather than one of a few tens of thousand TV stations. TV advertising reaches more people because of this concentration, not because of lack of ad-blocking.

    97. Re:Pointless... by mdwh2 · · Score: 1

      It's not a question of "opinion"; Windows systems take a lot of time and manpower to install and maintain, that's just a fact.

      I must be superman, I've got enough manpower to "maintain" multiple machines running Windows...

      It's something you can reproduce for yourself.

      The experience I have is that Windows users do not even think in terms of "maintaining". That's the first clue - that with Linux, "maintaining" is something that needs to be done in the first place. And yes, when I ran it, I was constantly having problems maintaining it, not knowing which script file I had to edit or which obscure command I needed to type to get done what I needed.

      I suspect a lot of people are remembering Windows 9x, which did fall over and need reinstalling regularly. But that's a different OS (and Linux of the same timeframe, although more stable, was far less user-friendly than even today).

      It's something you can also measure by looking at the number of machines a single support person can support in an organization. I've measured and quantified this.

      So you can point us to your published study on the matter, then?

    98. Re:Pointless... by dontmakemethink · · Score: 1

      I wonder what kind of Internet my daughter will have when she grows up.

      "When I was a kid, we didn't have no inter-neural Wi-Fi"

      (the daughter winks a STFU SMS in reply)

      --

      War as we knew it was obsolete
      Nothing could beat complete denial
      - Emily Haines
    99. Re:Pointless... by masterzora · · Score: 1

      Those are issues you're getting because you choose to spend time on them, not because you have to. By default, many distros will give you Metacity and Rhythmbox, and there's a reason for that.

      I use Banshee and Compiz because I prefer them. I find that Banshee's feature set to have a 1-to-1 correspondence to my desired feature set. Compiz does everything I want it to (when it works) that Metacity doesn't. Yes, I choose to spend time on them, but what good is software freedom if I don't get to choose? It would be *more* inconvenient for me to have to switch to Rhythmbox than it is to fiddle with Banshee, so that really doesn't help your point at all.

      If you want to spend less time fiddling, use Ubuntu LTS about 3-6 months after its initial release, or SuSE or some other "business" distro

      I can't speak for SuSE but, to be perfectly honest, if I have to try every distro to find convenience, that's another layer of inconvenience itself. I can speak for Ubuntu: I bring up the VM I run at work again, or the Ubuntu installations many people around me often need help with. And before you question it, I am speaking of LTS releases. They have plenty of issues of their own. Significant? No, but neither are any of the issues I've run into on Windows XP in 7 years of running it.

      Furthermore, buy supported hardware

      I do buy supported hardware now. I put a good deal of work into making sure all of the hardware in my latest computer was supported. Which, by the way, is another layer of inconvenience. As it was when I decided to finally install Ubuntu on a laptop I already owned and I ran into issues that made it unusable. (If you're curious, the issue: if I plugged in headphones audio would play through both the headphones and the speakers. When you live with a roommate, this is patently unusable.) It was a known issue with my hardware but nobody was making any effort to fix it. And, as a poor university student, getting a new laptop was out of the question. So, back to Win XP it was. For the curious, this was a year ago, so it may be fixed by now, but it's recent enough to warrant mention.

      and don't install fiddly packages when non-fiddly ones will do.

      Another habit I attempt to hold to. But when I want to try new software (the latest issue was with trying media centers which required a different mutually exclusive set of plugins), I don't get these options. And when they break things, I have to fix them. You're bound to mention that it's my choice to try new software, but it's just as much my choice to try it on Windows and the same exact software didn't break anything there. The ability to choose is a factor of convenience, too.

      Basically, you confirmed what I was saying: even with all the choices you make, you still spend about the same amount of time on Windows and Linux.

      I make at least as many choices in regards to Windows, too and I still spend the same amount of time in Windows and Linux. So I fail to see how this helps your point. If you want, I can continue listing issues that arise in each OS, but all that it will show is that which one is more convenient depends on the person and that, in my case, the answer is "it depends on what I want to do.

      --
      Remember, open source is free as in speech, not free as in bear.
    100. Re:Pointless... by Anonymous Coward · · Score: 0

      Typical media conglomerate uploaded video stream[after editing(butchering) due to content etc.]:

      "Luke, I am your father."
      *commercial*
      *commercial*
      *commercial*
      "Noooooo!"

    101. Re:Pointless... by Anonymous Coward · · Score: 0

      I used to do that, but there's something about watching the entire episode from front to back rather than in 5 clips that appeals to me.

    102. Re:Pointless... by Anonymous Coward · · Score: 0

      Wow, that probably ranks as the most ignorant and offensive comment I've seen all day. The commenter was talking about his 4 YEAR OLD DAUGHTER, and you bring up porn? Wow.

      To the commenter, the internet will evolve into something that is always on, always available, and your browser will become your "desktop", whatever that happens to look like 20 years from now. All content will be active and the old "Page Cycle" of internet applications will be no more. Developing applications will evolve into developing presentation portals for various SOA resources and data feeds. Just as the television has become a portal for the manufactured content of cable providers, so, too, will your computer become the portal for manufactured internet content. It may even evolve into a completely integrated system, where you can watch movies, watch television programs, play games, and surf the net all from the same device.

    103. Re:Pointless... by RyoShin · · Score: 1

      Why would someone download video clips with embedded ads if there were another source for the same clips without the ads?

      Ooh, ooh, I got this one:

      Convenience.

      The "other sources" you speak of have many problems associated with them. Sometimes what you get is flaky, or the time needed to take it is. You have the risk (however slight) of being sued. It may take you to some darker portions of the internet that would love to fuck up your browser or OS. (If you have a source that doesn't suffer these problems, please do share.)

      Alternatively, you can go straight to the source, have a secure (and likely quicker) download and deal with a few ads. Even better, as online video becomes more viable the ads you see might actually interest you. The combination of what shows you've watched and regularly watch as well as profile information you list can make ads highly targeted, which advertisers love because they don't need a blanket campaign and broadcasters love because the advertisers are far more interested.

      So it's not in HD? Big whoop. I don't know about you or the average user, but I don't have a 24" widescreen LCD monitor. HD on what I have will only be slightly better than SD, but will take up much more bandwidth. I'm okay with pixels.

    104. Re:Pointless... by CrimsonScythe · · Score: 1

      To me, it's a large issue that you have to live in the US to watch anything on hulu.com. The videos on Comedy Central works fine here, though.

      --
      The view was horrible and the smell was even worse; Julie severely regretted becoming a proctologist.
    105. Re:Pointless... by TheSpoom · · Score: 1

      If you think this, you are ignoring the history of the internet. While the overall trend might be toward commercialization, the fact is that when a site gets shut down for legal reasons, if there's demand for it, ten more will pop up skirting the legal issues that brought down the first.

      I guess what I'm trying to say is, pr0n wants to be free?

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    106. Re:Pointless... by TheSpoom · · Score: 1

      Actually, they kinda pay the radio station to play a certain song or group. And if you think payola doesn't still happen, you're incredibly naive.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    107. Re:Pointless... by Millenniumman · · Score: 1

      I like hulu too, but the ads do tend to be the same, and they aren't especially interesting ads either. They also make it a pain to skip around the shows.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    108. Re:Pointless... by Anonymous Coward · · Score: 0

      He's talking about Viacom partering with Google to have their contented hosted on Youtube. That way Viacom still gets a hit, and users have a gauranteed (ad-supported) stream they can get content off of.

      It's better than Viacom's current strategy of going after every single infringing video while offering no online alternative (or a crappy one via comedy central).

      The main problem I see with entrenched media companies is that they have two main problems:

      1. They want 100% control as they have had in the past. Before, they could pretty much control where and when things could be seen. The online model completely destroys this - content is available at anytime from anywhere.

      2. Somewhat related to the control - they want to be the ones providing the content rather than partnering with some video sharing site. Which makes sense - less overhead, more responsive control of the user experience, less legality issues, don't depend on a third-party etc. However, if you're not going to properly invest in the online presence (hardware to handle load, good designers to create a decent looking & behaving website, capable programmers who are able to create, maintain, and add features that users request), it's better from a customer satisfaction perspective to partner with the 3rd party that has the skill to host the content.

    109. Re:Pointless... by scoot80 · · Score: 1

      Just to butt in on you two's conversation, why don't you post some plausible examples on what takes less time to do in Linux (as compared to Windows). For example, I plugged in my Logitech camera yesterday, and without putting in the CD, windows update offered to install Logitech drivers. So I said, yep, go ahead, and it did it for me, the entire logitech cam app including drivers was installed, and I didn't even need to put in the CD. You yourself were saying:

      >Almost every major system management operation in Linux takes less time and less user interaction than the equivalent operation on Windows: the initial install, software upgrades, driver installs, operating system upgrades, network configuration, application installs, setting up network installs, etc

      So, I gave you one example where Windows came through, there are times where it makes life difficult, and other times, it makes life easy. No such thing as perfect, and both Windows and Linux are far from being perfect, in their own little ways. I personally don't care either way, it amazes me how people get so worked up over the whole linux/windows thing. This is Slashdot though..

    110. Re:Pointless... by 4D6963 · · Score: 1

      It may even evolve into a completely integrated system, where you can watch movies, watch television programs, play games, and surf the net all from the same device.

      The only thing that's lacking to your post is "you'll consult video e-mails on your living room big screen TV" to sound like a bad "Your home in 20 years" prediction/fiction from the early 1990s.

      --
      You just got troll'd!
    111. Re:Pointless... by SanityInAnarchy · · Score: 1

      Yes, but the royalties are negotiated among both partners.

      I'm pretty sure that's not the case -- that it's allowable to pick up any song, play it, and deliver royalties to the SoundExchange people, who will get it back to the artist -- without asking the artist.

      I'm using weasel words because I always find it hard to believe, but every time I look it up, I come to the same conclusion.

      --
      Don't thank God, thank a doctor!
    112. Re:Pointless... by Idiomatick · · Score: 1

      Quality. It is hard to maintain a youtube size server infact bigger. Release the videos in higher quality put in adds and it would blow competition out of the water. No free site can afford to do that for any extended period.

    113. Re:Pointless... by Anonymous Coward · · Score: 0

      ehm dude you living on planet riaa? An online website where all their tvshows could be streamed with no hassle and full quality would not make people run for the ad-less versions. They wouldn't bother. The only reason piracy rules the internet today is becausee it has definitly the most choice and the best quality. Viacom could easely outdo those qualties tenfold gaining "fans" by the millions if they make it easy enough. Think piratebay with the same content on a bigger scale and "more" legal in the eyes of the public. Now think of a userbase of half a billion people, if viacom can't make money out of such a userbase they really really really really really don't deserve to survive.

    114. Re:Pointless... by HungryHobo · · Score: 1

      it kinda is. I run windows because I like my games working out of the box without having to deal with any WINE shit. I cannot run most of my games on Linux.

    115. Re:Pointless... by Anonymous Coward · · Score: 0

      Convenience is precisely why I don't watch anything on network websites and instead go find shows I missed on youtube or torrent sites. I have to wonder if any of these lawyers or executives have actually tried to watch their own video clips. At school, I have a decent cable internet connection shared over a wireless network. Even when no one is home (ie. no one killing the internet with their downloading), I have a hard time watching the network's streaming videos. Very rarely can I watch them without the video freezing.

    116. Re:Pointless... by dedazo · · Score: 1

      Well, it's hardly a surprise that a Windows system manager would claim that Windows is easier to maintain.

      Too bad I'm a developer and not a sysadmin.

      Almost every major system management operation in Linux takes less time and less user interaction than the equivalent operation on Windows

      No, it does not. Repeating that over and over again doesn't magically turn it into truth. There are things that are marginally easier on either OS, but aside from having to reboot servers when patching user things like the browser (which I will admit is ridiculous but fixed in Server 2008 thank god), there's nothing in Linux that I find to be super-duper easy to do compared to Windows. In any case, I'd much rather have an application like the IIS management console and give something up for it (not that I have since all of that is now text-based and scriptable anyway) than have to deal with /etc/httpd.conf. That however is still a personal preference.

      If you want to claim that Windows maintenance takes less time, at least try to come up with a plausible story and plausible examples

      You're the one who claimed you had "quantified" all that, I merely offered my opinion. My opinion is just that, and I haven't tried to pas it as fact at any point. But so far I haven't seen you cough up any evidence of your alleged absolute measurements.

      Microsoft's bullshit TCO claims

      As opposed to yours?

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    117. Re:Pointless... by Arancaytar · · Score: 1

      Exactly.

      Besides, the quality of those uploads is horrendous. Anyone who would possibly pay to see it would not be satisfied with this, and would end up buying a higher quality version. I've often bought DVDs of American shows (CSI and NCIS, especially) after seeing them on Youtube, so they might want to take into account that I live a fucking continent away and would never even have heard of their product if it weren't for those Bloody Pirates.

      But I guess the movie industry wants to get into that sweet business of making their money from litigation instead of selling products. Didn't the RIAA patent that business model?

    118. Re:Pointless... by speedtux · · Score: 1

      For example, I plugged in my Logitech camera yesterday, and without putting in the CD, windows update offered to install Logitech drivers. So I said, yep, go ahead, and it did it for me, the entire logitech cam app including drivers was installed,

      When you plug a Logitech camera into Linux, it just works. There's no CD to put in, nothing to install.

      So, I gave you one example where Windows came through,

      No, you didn't. Driver CDs in Windows are a major headache.

      No such thing as perfect, and both Windows and Linux are far from being perfect, in their own little ways.

      So? I didn't say Linux was perfect, I said it takes less time to administer.

      it amazes me how people get so worked up over the whole linux/windows thing

      Well, I do care. It's not that I care that much about Linux. Linux is simply a somewhat better alternative to Windows right now. I care that Microsoft has wrecked the computer industry and has destroyed innovation. People who grew up after Microsoft (like you apparently) don't even realize what has been lost.

    119. Re:Pointless... by speedtux · · Score: 1

      Too bad I'm a developer and not a sysadmin.

      If you administer systems, you're a system administrator. Are you saying that you aren't administering systems? Then you have nothing to say about system administration.

      No, it does not. Repeating that over and over again doesn't magically turn it into truth.

      I have given specific examples. Just something as simple as installing OpenOffice: "apt-get install openoffice.org" is a lot faster than downloading the thing and going through a wizard.

      In any case, I'd much rather have an application like the IIS management console and give something up for it (not that I have since all of that is now text-based and scriptable anyway) than have to deal with /etc/httpd.conf. That however is still a personal preference.

      Another demonstration of your ignorance, since there are GUIs for maintaining /etc/httpd.conf

    120. Re:Pointless... by dedazo · · Score: 1

      If you administer systems, you're a system administrator. Are you saying that you aren't administering systems? Then you have nothing to say about system administration.

      Oh. Well, I guess that's correct then. Do you drive a car? Then surely you must be a F1 driver, right?

      I have given specific examples. Just something as simple as installing OpenOffice: "apt-get install openoffice.org" is a lot faster than downloading the thing and going through a wizard.

      You mean sudo apt-get install openoffice.org, and in any case everyone uses Synaptic nowadays. You haven't heard?

      As for your "download and wizard" quippy, most well-design install packages have an unattended mode. You've never had a job at a company where they do that sort of thing when they push updates to thousands of machines?

      Another demonstration of your ignorance, since there are GUIs for maintaining /etc/httpd.conf

      Too bad they all suck.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    121. Re:Pointless... by speedtux · · Score: 1

      As for your "download and wizard" quippy, most well-design install packages have an unattended mode. You've never had a job at a company where they do that sort of thing when they push updates to thousands of machines?

      We're making progress. Basically, you're saying that Linux is at least as easy and fast to install as Windows. Of course, the example you gave applies only if you install the same piece of software on thousands of machines and if you have a system manager working on it; for all the other cases, Windows has no equivalent of apt-get install.

      So, your turn. I'm still waiting for any significant example where Windows actually takes less time to install or maintain. Come on, there must be at least something.

    122. Re:Pointless... by dedazo · · Score: 1

      Basically, you're saying that Linux is at least as easy and fast to install as Windows.

      I never claimed anything about Linux, nor was it my intention to even comment on how it works. Or not. But here you are devolving into need for proof that your operating system of choice (or your religion, judging from your zeal) can do something better than the one I use. And you want me to give it to you?

      Tell you what, why don't you join a debating team at school or something, and come back when you can organize your train of thought with something approaching competence.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    123. Re:Pointless... by speedtux · · Score: 1

      I never claimed anything about Linux, nor was it my intention to even comment on how it works.

      Bullshit. Go back through the thread.

      Tell you what, why don't you join a debating team at school or something, and come back when you can organize your train of thought with something approaching competence.

      Yeah, that's what Microsoft marketing would like: to be able to spread their lies without anybody contradicting them.

      Let's recap: nobody in this thread has been able to come up with a single example of where Windows takes less time to administer than Linux. That's what counts.

  2. Seriously, what?! by Anonymous Coward · · Score: 0, Funny

    The term "moneygrabbing cunts" comes to mind.

    1. Re:Seriously, what?! by sm62704 · · Score: 3, Informative

      Are you saying that Viacom is a bunch of whores? Dude, I like whores! The difference between Viacom and a whore is, whores are less dishonest.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    2. Re:Seriously, what?! by asylumx · · Score: 2, Insightful

      When you pay whores, you get something in return...

    3. Re:Seriously, what?! by Anonymous Coward · · Score: 0

      "Moneygrabbing cunts"... now that'd be a trick. And Viacom wouldn't have anything to worry about because you couldn't post it on Youtube anyway =D

    4. Re:Seriously, what?! by XHIIHIIHX · · Score: 1

      Hmm? Yeah, fucked, just like viacom.

  3. Right... by JCSoRocks · · Score: 1

    Because brief clips of movies on the internet aren't pretty much free advertising for your movies... what're those called again? trailers? And music videos aren't free advertising for songs either... Viacom is shooting their own foot.

    --
    You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    1. Re:Right... by pin0chet · · Score: 5, Interesting

      I agree that YouTube is an excellent way to popularize Viacom's content, but that's not the only business concern of relevance here.

      Viacom wants to use YouTube-esque short clips of its videos as a revenue source. And, if Google's employees are uploading infringing content, then YouTube may be actively hampering Viacom's ability to earn ad revenue from its original works. Comedy Central, for example, offers years of Daily Show, Colbert Report, and South Park clips that are supported by ads. YouTube is likely limiting Viacom's ability to capitalize on its intellectual property by substituting for Viacom's in-house video service. That is textbook copyright infringement.

    2. Re:Right... by Darkness404 · · Score: 1

      Viacom wants to use YouTube-esque short clips of its videos as a revenue source. And, if Google's employees are uploading infringing content, then YouTube may be actively hampering Viacom's ability to earn ad revenue from its original works.

      And how will this work? If it is ads, then just make a deal with Google to display ads and Viacom gets a slice of the profit. Because no one is going to go to 5 different sites go get videos.

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Right... by initdeep · · Score: 1

      yes because people won't go to a bunch of different sites to view their news....

      or their forum tastes.....

      etc.

      people have these things called bookmarks.
      and if they can easily and freely view content from a viacom subsidiary, even with ads in place, they will.

      so if viacom wants to setup a website for each subsidiary, or even each show, and on said website display ads, and offer video's of their content, with embedded ads, they can.

      if a copy of said content is uploaded to youtube without ads, then this is again, a classic case of copyright infringement and it has the effect of lowering their revenue.

      its a perfectly valid point.

      i happen to disagree with their reasoning, and can see that uploaded content on sites like youtube may actually be beneficial, but i can also see how they have reached their reasoning.

    4. Re:Right... by Darkness404 · · Score: 1

      yes because people won't go to a bunch of different sites to view their news....

      Nope, most people I know either go to news.google.com or some TV news station. Only a few go Digg or /. and very few check all of the sites.

      or their forum tastes.....

      Valid point, but very few people who aren't geeks like us here on /. really go to more then 1-2 forums regularly. And a lot aren't even members of any forums.

      people have these things called bookmarks. and if they can easily and freely view content from a viacom subsidiary, even with ads in place, they will.

      Yes, but if Viacom won't even put shows on YouTube which is very easy to view things, and just about as secure as you can get (the FLVs are an absolute pain to convert to anything readable) why would Viacom's website be easier or could it be easier?

      so if viacom wants to setup a website for each subsidiary, or even each show, and on said website display ads, and offer video's of their content, with embedded ads, they can. if a copy of said content is uploaded to youtube without ads, then this is again, a classic case of copyright infringement and it has the effect of lowering their revenue.

      But wouldn't it just be easier for Viacom to upload in multiple places such at their website and YouTube? For example when I search for just about any music video, I get the band's official video first and later the fan-uploaded ones. So which is the average person going to click on? Generally the first one. Meaning, then Viacom loses little to no revenue. In fact it could be said that Viacom loses more revenue from a person changing the channel during a commercial then they would via YouTube because TV ads are generally much more expensive then web ads.

      --
      Taxation is legalized theft, no more, no less.
    5. Re:Right... by Anonymous Coward · · Score: 0

      Now it seems the parties involve in this saga are claiming their innocense with Viacom now claiming that they have no intention of breaching users's privacy. So does the judge knowledgeable enough to make this decision on this case as reported by this expert's analysis: Viacom, Google/YouTube Flap Hits Slippery Slope(http://www.internetevolution.com/author.asp?section_id=565&doc_id=158450&F_src=flftwo)

    6. Re:Right... by NeutronCowboy · · Score: 1

      It is also text book monopoly practices, coupled with direct proof of the benefit of a free-market approach.

      What is more important to you? Copyright-based monopolies, or free-market anarchy? Both have benefits and drawbacks - chose wisely.

      --
      Those who can, do. Those who can't, sue.
    7. Re:Right... by Anonymous Coward · · Score: 0

      That is textbook copyright infringement.

      Au contraire, because it is on the Internet, the law the media cartels bought from Congress, the DMCA, applies. And that Federal law says YouTube is held harmless so long as it takes down any copyrighted content after receiving notice. It has done this.

      Sounds like your textbook is out of date.

    8. Re:Right... by mysidia · · Score: 1

      Viacom wants to use YouTube-esque short clips of its videos as a revenue source. And, if Google's employees are uploading infringing content, then YouTube may be actively hampering Viacom's ability to earn ad revenue from its original works.

      What's interesting is Youtube popularized the concept of a short video flash clip w/embedded advertising.

      They should get a patent on it and sue Viacom for return of said revenue.

      If any Google employee uploaded content in blatant infringement of copyright, identifiably from a Google IP: Google simply has to recompense for the damages, and the employee should be terminated, unless they can plausibly argue all their use of copyright content was personal in nature and fair use.

      There really could be a few Google staff who blatantly violate Google policies. Once those employees' ill behavior is discovered, it would be evil not to put an immediate stop to it, and for Google to do everything in their power to reverse the damage.

      This has nothing to do with copyright content that may have been uploaded by people outside of Google, though.

    9. Re:Right... by bravecanadian · · Score: 1

      Bingo.. someone GETS it.. Finally!

      Viacom cannot let a competitor have their content for free while they are trying to generate revenue using the same content and paying to make it in the first place!

  4. Good! by Just+Some+Guy · · Score: 5, Insightful

    While I dislike the action, it gives Google (and ever other major corporation) a reason to care about my privacy rights. Hate the means; love the ends.

    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:Good! by exley · · Score: 1

      While I dislike the action, it gives Google (and ever other major corporation) a reason to care about my privacy rights. Hate the means; love the ends.

      Well, it gives Google and companies like them reason to care about their privacy rights. If you're lucky "trade secrets" will be threatened and your privacy will be protected as a convenient side effect.

    2. Re:Good! by Anonymous Coward · · Score: 0

      Yeah, I agree. Hopefully motivate them to anonymize the data.

    3. Re:Good! by Anonymous Coward · · Score: 0

      Let me guess, you're one of those people who think being in a Street View pano is a violation of your "privacy rights."

    4. Re:Good! by Anonymous Coward · · Score: 0

      While I dislike the action, it gives Google (and ever other major corporation) a reason to care about my privacy rights. Hate the means; love the ends.

      Ya know. If I am going to design a website. And I am a small college boy trying to make it. I have no $$ to try and appease every idiotic winey bastid that comes along. I make a website for cats. Guess what my expertise is in cats.. Not law. Nor in security. nor in...

      Its ridiculously stifling to expect everyone getting into website design to think about all that junk just cause ya have some winey viacom or riaa.

      Want some cheese??

    5. Re:Good! by Just+Some+Guy · · Score: 1

      What part of "major corporation" confused you? Google, Viacom, etc. are large companies with respectable legal departments and can be expected to keep track of such things.

      Ya know. If I am going to be a doctor. And I am a small practice owner trying to make it. I have no $$ to try and appease every idiotic winey bastid that comes along. I cure people. Guess what my expertise is in medicine.. Not law. Nor in security. nor in...

      Its ridiculously stifling to expect everyone getting into medicine to think about all that junk just cause ya have some winey patients or HIPAA.

      Want some cheese??

      Your arguments holds no water with other occupations, so what's magical about yours? Do you think your customers won't care if you leak private information that they upload?

      --
      Dewey, what part of this looks like authorities should be involved?
    6. Re:Good! by bravecanadian · · Score: 1

      Google does not care about your privacy rights.

      Google is anti-privacy in every aspect of their business. That is why they collected all that information in the first place.

  5. common sense by caffeinemessiah · · Score: 4, Insightful
    Now I'm no expert, but it seems like if your company is involved in a lawsuit with Corporation X, you probably shouldn't patronize the services of Corporation X, or you might lose your job.

    Common sense aside, uploading copyrighted videos is clearly against any corporate internet use policy. Why should Google be held liable for the illegal actions of its employees? It's not like Google encouraged its employees to upload the Daily Show. If that doesn't hold up in court, you just got yourself a convenient way to screw your employer (convenient if, for example, you were planning on leaving the country).

    --
    An old-timer with old-timey ideas.
    1. Re:common sense by OscarBlock · · Score: 5, Interesting

      I think Google should check to see if any of Viacom's staff have been uploading videos while they are at it. Could be interesting...

    2. Re:common sense by sexconker · · Score: 2, Funny

      That doesn't hold up in court.

    3. Re:common sense by interiot · · Score: 1

      Yup. There's exactly one place this rabbit hole ends up — exposing the fact that companies with more than a few hundred employees are almost guaranteed to have one of them doing unlawful things.

      So, it'll be interesting if Google can get the judge to understand the difference between two or three employees misbehaving, and having an entire Google team tasked with uploading illegal videos.

      What's the chance that Google did the latter? It would be unbelievably stupid for Google to do, not merely because they'd risk having a whistleblower, but because so many other people were willing to upload copyrighted videos for them. So, this is really just lawyers trying to gain whatever leverage they can to force an early settlement and increase the settlement payout, nothing more.

  6. Why a potentially explosive aspect? by free+space · · Score: 4, Insightful

    If it was uploaded by Google's staff as part of their paid job, then yes, Google is intentionally infringing their copyright.
    But why would Google be blamed for an employee acting on his own to upload something?

    1. Re:Why a potentially explosive aspect? by atari2600 · · Score: 1

      Not sure but using Google's resources to do the act of uploading might involve Google.

    2. Re:Why a potentially explosive aspect? by Hatta · · Score: 5, Insightful

      What I want to know is how many Viacom owned clips were uploaded by Viacom employees. I bet there were more uploaded by Viacom employees than Google employees.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Why a potentially explosive aspect? by Anonymous Coward · · Score: 2, Informative

      It's called vicarious liability, or respondeat superior.

      So long as what they were doing was connected to work, (which uploading videos on their own service likely is,) as opposed to "frolic and detour," Google could easily be on the hook.

      http://en.wikipedia.org/wiki/Vicarious_liability

    4. Re:Why a potentially explosive aspect? by Jellybob · · Score: 1

      And if I were to send an e-mail using my personal address to arrange a drug deal right now, it would involve my employer's resources.

      It wouldn't however make my employer guilty of attempting to supply controlled substances.

    5. Re:Why a potentially explosive aspect? by randalotto · · Score: 4, Informative

      Let me try that again: So long as what they were doing was connected to work, (which uploading videos on their own service likely is,) or was a mere "detour," as opposed to an independent "frolic," Google could easily be on the hook. It's called vicarious liability, or respondeat superior. http://en.wikipedia.org/wiki/Vicarious_liability

    6. Re:Why a potentially explosive aspect? by BuckaBooBob · · Score: 1

      I think the above comment about Google searching the logs for Viacom employees is waaay more valid :)

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
    7. Re:Why a potentially explosive aspect? by Anonymous Coward · · Score: 0

      Exactly. This is like suing a company because some employees were found jaywalking or screwing barn animals.

      Even if they did it on company time the company is not responsible provided they made the employee sign the right agreement, they didn't know about the employee's actions, and took appropriate measures to inform their employees what was right and what was wrong.

      The only way Viacom's suit can work is if Google entered into some sort of legal... I dunno, contract, that specified that the _company_ would abide by certain actions.

    8. Re:Why a potentially explosive aspect? by atari2600 · · Score: 1

      Not a great analogy but let's try to fix that: try replacing "personal email address" with "company email address" to arrange your drug deal and your employer would be involved in some way.

    9. Re:Why a potentially explosive aspect? by cleatsupkeep · · Score: 1

      Crap, modded redundant, undoing. There should be a confirmation for all mods, but especially negative mods. Meant to mod interesting. Turnabout being fair play and all.

    10. Re:Why a potentially explosive aspect? by Anonymous Coward · · Score: 4, Funny

      In the Viacom board room:

      "One of our own employees is uploading to YouTube? I don't know who this Jon Stewart guy is, but I want his head on a silver platter!"

    11. Re:Why a potentially explosive aspect? by MacDork · · Score: 1

      If it was uploaded by Google's staff as part of their paid job, then yes, Google is intentionally infringing their copyright. But why would Google be blamed for an employee acting on his own to upload something?

      That's all speculation. What this boils down to right now is an argument over whether or not Google should be forced to provide IP addresses with the data. Google's own defense for collecting the info is being used to compel Google to provide it. CNet is just speculating on what Viacom could do if they do get the info with IP addresses intact.

      Same "news" as last week, now with 20% more speculation and hand wringing.

    12. Re:Why a potentially explosive aspect? by sm62704 · · Score: 1

      Seems like this may be something Viacom is after. How else would a good quality new release get on the internet? Maybe Viacom wants to downsize without paying unemployment insurance.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    13. Re:Why a potentially explosive aspect? by _KiTA_ · · Score: 1

      What I want to know is how many Viacom owned clips were uploaded by Viacom employees. I bet there were more uploaded by Viacom employees than Google employees.

      Sssh, don't let the judge hear you, they might start using common sense, and we all know Common sense just screws up a good lawyerin'.

  7. clever by Presto+Vivace · · Score: 1

    whatever you think of this, it is very clever on the part of Viacom.

  8. Oh noes, the Janitor!! by JCSoRocks · · Score: 3, Insightful

    Hmm, just RTFA. With a company the size of google I don't see how just demonstrating that an employee is uploading copyrighted content is good enough. Just because the janitor / cafeteria lady / lead developer for Blogger is doing it doesn't mean that the people in the YouTube group knew they were. (I'm saying this knowing full well that Viacom is just trying to legally prove what everyone else already knows - of course the YouTube guys know people are putting copyrighted stuff on there.)

    --
    You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    1. Re:Oh noes, the Janitor!! by mcwidget · · Score: 1

      I don't see how just demonstrating that an employee is uploading copyrighted content is good enough.

      I don't get this either. YouTube's own Copyright Infringement Policy (http://www.google.com/support/youtube/bin/answer.py?answer=55772&topic=13656) states "YouTube respects the rights of copyright holders and publishers and requires all users to confirm they own the copyright or have permission from the copyright holder to upload content. We comply with the Digital Millennium Copyright Act (DMCA) and promptly remove content when properly notified." By "properly notified" they mean through their Copyright Infringement Notification process (http://www.google.com/support/youtube/bin/answer.py?answer=58127).

      I haven't seen anywhere in these documents that says YouTube will takedown any copyrighted material that it's aware of. It all says that it will takedown all copyrighted material it's notified of. Big difference. The get-out clause would appear to be during the upload process. From their FAQs ( http://www.google.com/support/youtube/bin/answer.py?answer=55773&topic=13656) again "Since all content on YouTube is posted by our users, we make it clear in our terms of use and at the time of upload that they must own the copyright to the videos they post or have permission from the copyright holder.

      So, even if a YouTube employee has uploaded content they've already claimed that they own the copyright. The YouTube policy on this is clearly that they take this claim at face value until proven otherwise through the notification process. What this case might do is move the burden of proving that copyright claim to the user uploading the content.

    2. Re:Oh noes, the Janitor!! by Spy+der+Mann · · Score: 1

      I haven't seen anywhere in these documents that says YouTube will takedown any copyrighted material that it's aware of.

      Or more precisely, that Youtube will acknowledge being aware of any copyrighted material if it's not properly notified.

    3. Re:Oh noes, the Janitor!! by bravecanadian · · Score: 1

      If it were Microsoft in question I bet it would be good enough.

  9. Staff posting? by Wowsers · · Score: 4, Insightful

    Would staff be posting Viacom material from their work place? More likely if any video was posted to Youtube, they would do it from their homes, which are NOT under googles (or any other employers) control. Viacom could therefore go jump at making tenuous connections between being employed by company x, and company x endorsing some behaviour.

    --
    Take Nobody's Word For It.
    1. Re:Staff posting? by sexconker · · Score: 1

      No, they'd do it from work, where they have a faster connection and are encouraged to slack off and bring their dogs in for massages.

    2. Re:Staff posting? by atari2600 · · Score: 3, Interesting

      You'd be surprised what a night shift can do to people. That and the amenities Google provides to its employees, chances are you will find more than a few employees working late into the night and then taking a 30minute break *cough*. It's speculation but the point is it is quite possible for someone to upload copyrighted stuff using "employer resources".

    3. Re:Staff posting? by Rary · · Score: 1

      Most likely, employees have a YouTube account that is set up specifically for work purposes. They may also have a personal YouTube account, but that's not likely what's relevant here. What's relevant is their work account. If an employee posts a video using that account, it can be assumed that it was done so with the company's knowledge. If they did it from home, that wouldn't mean anything since employees can work from home.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    4. Re:Staff posting? by XHIIHIIHX · · Score: 1

      Well now, that would depend if they had a free internet connection provided by their employer.

  10. How about looking for Viacom employees? by atari2600 · · Score: 4, Interesting

    Surely there must be a few viacom employees (or employees of its partners) who have either watched or uploaded or both (and I am talking about copyrighted crap) videos to Youtube. How about looking for them?

    Hell how about looking for MS employees? or Boeing? Might as well look for everything..Good luck Viacom /spit.

    1. Re:How about looking for Viacom employees? by sexconker · · Score: 1

      That's irrelevant to the current lawsuit.

    2. Re:How about looking for Viacom employees? by SpeedyDX · · Score: 1

      How would you know that they are not looking at their own employees? Seems like a good way to get "fair" grounds for dismissal.

    3. Re:How about looking for Viacom employees? by jdunlevy · · Score: 4, Insightful

      Contraire: if material that Viacom says infringes were shown to have been uploaded by Viacom, Google could argue that either it doesn't infringe, or that Viacom was, in essence, trying to entrap Google/YouTube...

    4. Re:How about looking for Viacom employees? by atari2600 · · Score: 1

      It might be irrelevant to the lawsuit but doesn't it make Viacom appear in poor light. Google's lawyers might say that Viacom employees were getting paid to upload copyrighted content to Youtube to make Viacom's case. Alternatively if Viacom employees cannot help themselves, how can you expect an average teen to not upload? I can go on...

      Oh and my understanding of the law is limited to Law and Order + John Grisham.

    5. Re:How about looking for Viacom employees? by Threni · · Score: 1

      Hopefully Google are doing it right now, just in case. I wonder if any Viacom employees have Gmail accounts, or use Google appliances to handle their intranet. Possibly worth a sniff there too. Just in case.

    6. Re:How about looking for Viacom employees? by Arccot · · Score: 1

      That's irrelevant to the current lawsuit.

      Not really. If Google can prove Viacom employees, especially those on the clock or using Viacom computers, uploaded Viacom content that Viacom then claimed as infringing, that's a pretty strong argument for a fraudulent lawsuit.

    7. Re:How about looking for Viacom employees? by sexconker · · Score: 1

      It would matter only if all cases could be proved as such.

    8. Re:How about looking for Viacom employees? by pin0chet · · Score: 1

      Exactly, it's not like a Court has to give Google the right to examine its own logs. If Viacom-owned IP addresses were uploading Viacom's IP to YouTube, don't you think Google would have pointed that out by now in its lawsuit? The real issue is that without access to some of YouTube's logs, Viacom has no way of knowing if Google knowingly contributed to copyright infringement, and that question is central to Google's Safe Harbor defense.

    9. Re:How about looking for Viacom employees? by Achromatic1978 · · Score: 1
      What? No it's not. Since when ever has "But they do it too!" been a defense in a court of law?

      It only means that Viacom could, should, take appropriate actions against their employees. Given that they're claiming the employer has liability, there's no point suing themselves, but just taking disciplinary action against their employees, perhaps termination, would be sufficient. After all, it's exactly what you'll find Google doing, if there are employees identified as a result.

    10. Re:How about looking for Viacom employees? by Darkness404 · · Score: 1

      If Viacom-owned IP addresses were uploading Viacom's IP to YouTube, don't you think Google would have pointed that out by now in its lawsuit?

      Or you know, if Google knew that, it would be better to wait near the end of this before proving that they did that. Plus, can't Google sue for entrapment if during this lawsuit a Viacom employee put some Viacom owned content on YouTube? I think it is more to Google's advantage to wait for a while.

      --
      Taxation is legalized theft, no more, no less.
    11. Re:How about looking for Viacom employees? by ZerMongo · · Score: 1

      Not if Google can prove Viacom's employees were doing the same thing they're accusing Google employees of doing (see Pot v. Kettle).

      In all seriousness, if Google can prove it's a common practice undertaken by the plaintiff themselves, it has a fairly substantial argument in its favor.

    12. Re:How about looking for Viacom employees? by xtracto · · Score: 1

      I think it would be very very interesting if Google investigated not only Youtube Internet usage behavior of Viacom users, but what about searches and all the other information in their power.

      It would be a really interesting thing to see the beast "awaken" when Google gets all the shit they can get against Viacom and throw it at them in the lawsuit...

      Imagine... "oh yes... while looking at our logs looking for viacom stuff, we got all this bunch of searches done from viacom networks, at office hours, looking for child, animal, brazilian fart porn."

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    13. Re:How about looking for Viacom employees? by BoberFett · · Score: 3, Informative
    14. Re:How about looking for Viacom employees? by speedtux · · Score: 1

      It would also matter if only some videos were uploaded by Viacom employees because it would weaken some of their claims of harm and loss.

    15. Re:How about looking for Viacom employees? by Achromatic1978 · · Score: 1

      Very true. In fact, it's exactly what I said above. All Viacom would need to do would be to show that they took action against their own employees doing the same thing, and there would be no bad faith involved in the law's eyes.

    16. Re:How about looking for Viacom employees? by Threni · · Score: 1

      > The real issue is that without access to some of YouTube's logs, Viacom has no way of knowing if Google knowingly contributed to copyright
      > infringement, and that question is central to Google's Safe Harbor defense.

      Makes you wonder why people bother keeping logs at all, if they're only going to take up space and provide evidence against you.

      http://cryptome.org/no-logs.htm

    17. Re:How about looking for Viacom employees? by BoberFett · · Score: 1

      At which point Google can fire their employees just as Viacom did theirs, and the issue is closed. How can Viacom expect a cash judgement against Google if Google remedies the situation in exactly the same manner Viacom did?

    18. Re:How about looking for Viacom employees? by Achromatic1978 · · Score: 1
      It's a good and very valid point. I don't necessarily agree with the morals of such, but it's akin to an employee who is fired for theft of office equipment suing for wrongful dismissal because another employee got a formal warning. There is a discretionary principle in place. That being said, it can expect a cash judgment because it is entitled to such, and to impose a monetary fine upon itself is nonsensical.

      Bear in mind that the damages are the limit of Viacom's recompense. That Google may choose to dismiss employees for doing this (and exposing them to liability) is purely between Google and its employees, and isn't redress in and of itself for the wrong. Of course Viacom could try to "settle" by suggesting Google dismiss said employees rather than face judgment (I am, of course, working on a definite assumption that there is an issue of substance here), but I doubt it (would be far too open a road for said employees to sue Viacom for tortious interference, whereby a party induces another party to break a contract with a third party).

    19. Re:How about looking for Viacom employees? by Anonymous Coward · · Score: 0

      Exactly.

    20. Re:How about looking for Viacom employees? by sexconker · · Score: 1

      No
      You can't go to court and say "I punched him in the face 20 times but he punched me too!"

    21. Re:How about looking for Viacom employees? by sexconker · · Score: 1

      No.
      Read the fucking article.

      The point of finding out if Google employees are uploading copyrighted videos is to undermine their common carrier status.

      The claims of damages are based on the number of Viacom-copyrighted works on youtube. And at the maximum fee per occurrence, Google could be lose about 3 infinity dollars. They're only being sued for what, a billion?

      If Google can show that a significant percentage of said videos were indeed uploaded by Viacom employees (from Viacom IPs), then they might have a reason to cry foul. But you know as well as I do that 99.99% of the time Viacom employees aren't the ones putting those videos up.

  11. Hoist on own petard by autophile · · Score: 4, Funny

    I'll bet Google is thinking that maybe keeping identifiable logs isn't such a good idea now...

    --
    Towards the Singularity.
    1. Re:Hoist on own petard by Kingrames · · Score: 1

      Hi, Mr. Rove!

      --
      If you can read this, I forgot to post anonymously.
    2. Re:Hoist on own petard by pushing-robot · · Score: 1

      Or "Maybe I should start over as chaotic good."

      --
      How can I believe you when you tell me what I don't want to hear?
  12. why this is a good thing by circletimessquare · · Score: 3, Insightful

    what the internet has done to intellectual property is pit the little guys against entrenched dying large corporate machines. usually all the little guy can do is run and hide. but when its corporate machine versus corporate machine cast in the role usually occupied by the little guy, this is good because google can throw clout into a fight where the little guy can only hope to be popped like a zit. so precedents can fly out of this that can protect the little guy

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:why this is a good thing by plasmacutter · · Score: 1

      this is good because google can throw clout into a fight where the little guy can only hope to be popped like a zit. so precedents can fly out of this that can protect the little guy

      or precedents which utterly destroy the big guys who provide what little clout there is for the little guy.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:why this is a good thing by sexconker · · Score: 1

      Here's a hint: Google will lose.
      Sell your stock now.

    3. Re:why this is a good thing by Darkness404 · · Score: 1

      Here's a hint: Google will lose. Sell your stock now.

      Here's a hint: Viacom won't win
      You should have sold your stock long ago

      Just because Google loses doesn't mean that Viacom wins. Viacom is a dying company that has shown with prior actions and this lawsuit they can't adapt to the changing media environment. Google has throughout the years managed to constantly evolve to the changing internet. And the internet is the most hostile of all markets, anyone can create a search engine, unlike in media where you need a large studio, someway to broadcast it, and ad revenue.

      Google may lose. But you can bet that Viacom won't win.

      --
      Taxation is legalized theft, no more, no less.
    4. Re:why this is a good thing by bravecanadian · · Score: 1

      Google isn't looking out for the little guy.

      Google is looking out for Google.

      The only thing that Google wants with the little guy is to collect personally identifiable data from him and try to sell him stuff.

    5. Re:why this is a good thing by bravecanadian · · Score: 1

      Is Viacom dying like Microsoft is always said to be dying on Slashdot?

      If so I had better go buy some Viacom stock because over the last 5 or so years I have been hearing that rubbish Microsoft's revenue has gone up and up.

    6. Re:why this is a good thing by sexconker · · Score: 1

      Retard
      How much is that lawsuit for?
      What precedents will it set?
      How much will youtube be forced to change?

      I don't care what happens to Viacom.

  13. Google should comply with reciprocal clause. by Anonymous Coward · · Score: 0

    Google should comply but in return ask for all Viacom IPs and VPN IPs.

    Why?

    Because google needs to correlate searches Viacom staff have queried in regards to child pornography, warez, illegal MP3 downloads, terrorism, and other questionable activities.

    Sure, maybe there aren't any. But Google needs this info in order to prosecute criminals at Viacom.

    1. Re:Google should comply with reciprocal clause. by sexconker · · Score: 2, Informative

      It is not Google's job to prosecute or investigate anyone at Viacom.

      If you would RTFA you would know that Google's ENTIRE defense rests on "we don't know what's going on". If they were to monitor searches for anything illegal, they have to monitor it for everything illegal. They CAN'T monitor searches or videos or comments for terrorist plots without also monitoring searches or videos or comments for copyrighted material.

    2. Re:Google should comply with reciprocal clause. by Todd+Knarr · · Score: 3, Insightful

      But that's a good reason for Google to look for Viacom employees uploading infringing content. One defense Google can raise is "Plaintiff can't keep it's own employees from doing X. How can they then in all fairness expect us to do what they can't or won't?". And yes, judges do listen to arguments like that. It can leave a plaintiff having to walk a very fine line or risk having their demand thrown out as unreasonable (by their own admission) or barred.

    3. Re:Google should comply with reciprocal clause. by sexconker · · Score: 1

      No, that's not how it works.

      If Google demonstrates in court that it has the ability to monitor and police uploads, then it screws itself over HARD.

  14. Fishing expedition by Anonymous Coward · · Score: 0

    All this seems to be is a fishing expedition, to get names for potential lawsuits later on, like the RIAA pogrom.

  15. GOOGLE SHOULD COUNTER!!! by DRAGONWEEZEL · · Score: 0, Redundant

    Imagine what happens if google looks at how many viacom employees uploaded copyrighted works (on their own time?)...

    Then what?

    --
    How much is your data worth? Back it up now.
  16. Missing the point by Achromatic1978 · · Score: 4, Interesting
    So they're looking for Google employees doing the uploading, at Google (as determined by IP addresses).

    If someone's employee goes above and beyond the call of duty to help you, that reflects on them as a company.

    If the employee screws you over, that reflects on them as a company. Say a middle manager denies you your refund on a defective product. Now, to listen to several people above, "What problem is it of the store's that the manager ignored consumer protection laws?" - should the manager be sued or personally liable? Of course you'd go after the company.

    If you get screwed by an employee out of their mandate (say, copying your credit card number down, something clearly not in their job description), you still don't go after the person. You'd be suing their employer for the actions of their employee on the job. Vicarious liability. (Of course, the employee would also be guilty of criminal charges.) Any loss inflicted on the company would either be picked up by civil suit between employer and employee or professional insurance, etc.

    Why would this be any different?

    1. Re:Missing the point by danzona · · Score: 5, Informative

      I read TFA, and according to the article, the logic goes something like this:

      Viacom: YouTube shows our copyrighted material. Google, you own YouTube and a lot of money, give us some of your money or else.
      Google: Safe Harbor defense! Under the DMCA, we can't be held liable if somebody else posts copyrighted material on a site we host, if we don't know that these strangers are posting copyrighted material.

      So Viacom thinks that if they can show that Google employees knowing posted copyrighted materials to YouTube, then Google won't be covered by the Safe Harbor defense.

      This is what TFA says. I have no idea if that is what Viacom is actually doing, or if it would even work. But it is interesting.

    2. Re:Missing the point by zotz · · Score: 1

      "So Viacom thinks that if they can show that Google employees knowing posted copyrighted materials to YouTube, then Google won't be covered by the Safe Harbor defense."

      I wonder what would happen if Google can show that Viacom employees posted:

      1. Materials which Viacom claims violate Viacom's copyrights.

      2. Materials which other entities claim violate their own copyrights.

      Mind you, this whole thing is nasty and I think the judge went way overboard and that this shows up google's mistake in keeping this info around in the first place.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    3. Re:Missing the point by MattW · · Score: 1

      It makes sense to me, and they're probably right. You can't claim safe harbor for your OWN postings. Just showing a Google employee uploaded a copyrighted video from Google HQ won't automatically make Google liable, any more than someone making a death threat from Google's phone system would make Google liable for that - but it's a very smart first step. This might be one of the smartest strategies I actually recall hearing idiotic content old-guard lawyers pulling.

      It doesn't make it the smartest strategy - licensing might be better. But of course, this could all be a prelude to a "better" licensing deal.

    4. Re:Missing the point by Achromatic1978 · · Score: 1

      Not a whole lot, provided Viacom could show they disciplined said employees upon discovery. Which may well be as a result of access to the log files provided by Google. So essentially Viacom would have to be monumentally stupid (and I know a lot of people think they and any other MPAA/RIAA affiliate are, but still) not to have a look at said log files and say "Hey, you and you, here's a warning/termination letter".

    5. Re:Missing the point by RalphTheWonderLlama · · Score: 1

      #1 I think Viacom can upload their own material to YouTube if they want... even if it is a rogue employee.

      #2 They could be in trouble for that, true

      --
      simple, fast homepage with your links: http://www.ngumbi.com/
    6. Re:Missing the point by zotz · · Score: 1

      "#1 I think Viacom can upload their own material to YouTube if they want... even if it is a rogue employee."

      Sure, but not if they are numbering that clip as amoung the infringing....

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    7. Re:Missing the point by RalphTheWonderLlama · · Score: 1

      Yup

      --
      simple, fast homepage with your links: http://www.ngumbi.com/
  17. Potentially explosive? by Anonymous Coward · · Score: 1, Insightful

    Um, yeah. Because Viacom says so. No, I do not think so. So long as YouTube has complied with each DMCA request it has received (it has), then, nope, Viacom, you have no case. So, in summary, Viacom, you have no case.

    Teach your cartel to buy laws from the Congress (the DMCA), since you can't always get what you want (although it has helped to stifle the internet significantly, setting back the rapid progess seen in the late nineties enough that 1-2 years then is about equal to 5-7 years now). Good show, and good job! Hey, Viacom, you should get a job at Comcast! Heh heh heh.

  18. Youtube Videos on VH1 by Anonymous Coward · · Score: 1, Interesting

    Didn't VH1 used to have a weekly top 20 videos of the web? I'm sure they didn't have rights to all of those videos. If I had a video that made it on VH1 or any other Viacom channel, I would go after them in a heartbeat.

  19. Which is just more evidence... by Der+Huhn+Teufel · · Score: 3, Insightful

    ...that they really don't care about their copyrights, they just want the cash. After all, why else would you go after the people with more money rather than the people with the most infringements.

    1. Re:Which is just more evidence... by evilviper · · Score: 1

      After all, why else would you go after the people with more money rather than the people with the most infringements.

      It's merely coincidence that the people with "the most money" happen to be the people behind the service in-question...

      Proving that a company's business model inherently includes/requires copyright infringement, by their own employees, is very strong evidence in court. This shows that Viacom isn't looking to fine a few people, they're looking to completely shut-down YouTube, via the courts (ala Napster).

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:Which is just more evidence... by bravecanadian · · Score: 1

      I've said this a few times before. Youtube is really just Napster 2.0 now with video!

      I'm kind of surprised it took this long for them to be sued into oblivion.

  20. Slashvertisement alert by hrtserpent6 · · Score: 1, Offtopic

    Why is TFA from a UK site (which the submitter has as his link) when both companies are based in the US? Couldn't we use a more mainstream site like CNet or ZDNet? I mean, come on...

  21. Employees != Google by clone53421 · · Score: 3, Insightful

    ...they're individuals. Doesn't this go against Viacom's original claim that they weren't trying to identify particular individuals?

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    1. Re:Employees != Google by Rary · · Score: 1

      Actually, Google == employees. Viacom is trying to use the actions of individual employees as representatives of the company to go after the company.

      If employees, as part of their function as employees, are uploading videos, then it is valid to say that Google is aware of these videos. Therefore, if these videos are infringing copyrights, Google's "Safe Harbour" defense, which is basically "we're not responsible for what others do without our knowledge", goes out the window, because it's no longer "others" and no longer "without our knowledge".

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    2. Re:Employees != Google by clone53421 · · Score: 1

      It's still in direct contradiction of their earlier stated intent of why they "needed" these logs, e.g. they originally claimed they weren't trying to obtain personally identifying information. It's a low play on their part.

      Now that the court ordered Google to provide the logs, Viacom is trying to get personally identifying information, and I think Google should be able to use this to bolster their demand that the data be anonymized (not a word?) first. They'd be getting exactly what they originally claimed they needed.

      If employees, as part of their function as employees, are uploading videos, then it is valid to say that Google is aware of these videos.

      Um, no it isn't. First, corporations are not sentient entities and can't be "aware" of anything. What that really means is that the employees' bosses were "aware" of it, but that would be very difficult to prove if the bosses thought their asses might be on the line for it. Second, it's not like that's part of their job description. If the employees are misusing company property, they are personally liable for that, and that brings me back to my original point...

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    3. Re:Employees != Google by Rary · · Score: 1

      First, corporations are not sentient entities and can't be "aware" of anything.

      Corporations are made up of people, who are sentient. When someone says "Company X did Y", what they are really saying is "people who work for and represent Company X did Y". Whether or not the actions of an individual who is part of a company represent the actions of that company depends entirely on whether or not those actions were performed as part of their job, and whether or not those actions were sanctioned by the company (which, in turn, means sanctioned by other people within the company who have the appropriate authority). If Viacom can prove that employees, in their official capacity, uploaded infringing videos, then Google is liable for it and cannot use the "Safe Harbour" defense.

      Viacom is not going after the individuals, simply because individuals don't have the kind of money that Google has. They're going after Google.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    4. Re:Employees != Google by clone53421 · · Score: 1

      Great. Way to jump on what I said in one sentence which I clarified in the next: What that really means is...

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    5. Re:Employees != Google by clone53421 · · Score: 1

      Actually, you did make a couple statements that I'd like to comment on...

      employees, in their official capacity, uploaded infringing videos

      I highly doubt that any employees were doing that. Not in their "official capacity", in any event.

      Viacom is not going after the individuals, simply because individuals don't have the kind of money that Google has. They're going after Google.

      ...by identifying individual employees. The key word is identifying, which is exactly what Viacom originally said they weren't trying to do. Of course they're not suing the employees, there's no money in that.

      Anyway, the employees will get screwed over anyway, because even if Viacom doesn't "go after" them, they'll still be fired if Viacom identifies them because Google will then have to engage in CYA. End result, individuals (at that point jobless individuals, FWIW, so there would really be no way to claim "they're not individuals because they're part of Google" any longer) were identified and screwed over by Viacom, who claimed they never intended to do that.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    6. Re:Employees != Google by Rary · · Score: 1

      I highly doubt that any employees were doing that. Not in their "official capacity", in any event.

      Why do you doubt this? When a website that's based on user-created content gets started, it's pretty standard for the company behind the site to plant some content in order to get things rolling. It only makes sense that they would want to plant good content, so clips from popular TV shows would be a great way to get a site like YouTube rolling. It has long been rumoured that they did exactly that, and honestly I'd be surprised if they didn't.

      The key word is identifying, which is exactly what Viacom originally said they weren't trying to do.

      Actually, they said they weren't going to pursue legal action against individuals, only YouTube itself. This has not changed. The whole point of this is the "Safe Harbour" defense. They need to strike down that defense in order to beat Google on this one. They need to know what employees have been doing in order to accomplish this. In order to strike down the Safe Harbour defense, the judge would have to be convinced that the company itself willingly and knowlingly contributed infringing content to the site. In other words, it is essential to Viacom's case that it be proven that the employees were not acting as individuals, but acting on behalf of the company. For this tactic to work in court, they need to show that the employees are not individually liable.

      Anyway, the employees will get screwed over anyway, because even if Viacom doesn't "go after" them, they'll still be fired if Viacom identifies them because Google will then have to engage in CYA.

      This is pure speculation, and even if it's true, it would be Google screwing the employees, not Viacom. If the court determines that the employees acted as individuals, then Google can continue to hide behind Safe Harbour, and there'd be no reason to retaliate against the individuals. If the court determines that the employees acted as representatives of the company, then the company would be really stupid to fire them, as nothing would be accomplished by doing that since the company itself would be liable for the actions of those employees.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    7. Re:Employees != Google by clone53421 · · Score: 1

      In other words, it is essential to Viacom's case that it be proven that the employees were not acting as individuals, but acting on behalf of the company. For this tactic to work in court, they need to show that the employees are not individually liable.

      It won't work, because the management will simply say they were unaware of the activity going on. Unless Viacom can prove they knew about it (and this is going to be very difficult; IP address logs aren't going to prove much here), they're up a dead end.

      This is pure speculation, and even if it's true, it would be Google screwing the employees, not Viacom. If the court determines that the employees acted as individuals, then Google can continue to hide behind Safe Harbour, and there'd be no reason to retaliate against the individuals. If the court determines that the employees acted as representatives of the company, then the company would be really stupid to fire them, as nothing would be accomplished by doing that since the company itself would be liable for the actions of those employees.

      It's speculation, but it's highly probable; Google will be forced to say they're "doing something" about the "problem". Yes, Google will be the one firing the employees, but Viacom got the ball rolling, and they are indirectly responsible. Again, Google will claim the employees did this stuff without permission or knowledge of the management. The employees are the ones who lose. Viacom should have foreseen that.

      In short, IP address logs aren't going to prove anything other than "employees were uploading copyrighted stuff to youtube". Google will say the employees were doing it without permission, and Viacom is stuck - unless they can get Google employees to blow the whistle and give solid evidence that this was going on with the management fully aware of it. If Viacom could get that, they wouldn't need the IP logs, however, so the IP logs are a red herring. End story, employees lose.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    8. Re:Employees != Google by Rary · · Score: 1

      It won't work, because the management will simply say they were unaware of the activity going on.

      I'm not saying it will work. Viacom has a hell of a fight ahead of them even if they get the information they want. Their evidence will be tenuous at best. All I'm saying is that the point of doing it is to attack the Safe Harbour defense, and that if they succeed, they will have succeeded only in putting the blame on the company, not the individuals, and that if they don't succeed, then there will be no blame to put anywhere.

      To be clear, I think the whole thing sucks, and I wish Viacom would just go away. I'm concerned about the precedent being set if personally identifiable information is handed over, but I'm not all that concerned about individual employees being targeted by anyone.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    9. Re:Employees != Google by clone53421 · · Score: 1

      Well, even if the individual employees aren't "targeted", they're still identified in an attempt to investigate the practices of Google.

      Basically, my complaint is this: Viacom said "We aren't trying to collect personally identifying information." Now they're trying to collect personally identifying information to identify Google employees... so what if they're not trying to incriminate the employees? It's still hypocritical of them to do it after they said they wouldn't. The end doesn't justify the means. You can't say "we won't personally identify anybody" then say "actually, we will personally identify Google employees but we'll make sure we pin it on Google."

      If Viacom hadn't originally said that, then what they're doing would probably just be good legal sense. Since they did say it, it's hypocritical, even if they're not hurting the individuals in question.

      ...and yes, we both wish that Viacom would just go away.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  22. Well... by alexborges · · Score: 1

    Its the only thing that would make sense for their lawsuit.

    Via says youtube profits from their content in a proactive manner. So this is a good way to prove it.

    --
    NO SIG
  23. They need to make money some how. by lantastik · · Score: 1

    When you are bleeding money like this, you have to do something. That's also why the NAB (which is just a lobbyist front for big media to maintain their monopoly) is trying so desperately to block the XM / Sirius merger.

    1. Re:They need to make money some how. by toadlife · · Score: 1

      XM and Sirus are dead anyway. All new cars will have net access within a few years allowing net-based radio to drive in the final stake.

      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    2. Re:They need to make money some how. by lantastik · · Score: 1

      How do you figure? I personally wouldn't listen to shitty streaming radio over CD-quality satellite radio.

    3. Re:They need to make money some how. by toadlife · · Score: 1

      I wouldn't refer to satellite radio as CD quality. Satellite companies keep their codecs and bitrates a secret, but various inside sources have said that they use a special version of AAC and the bitrates vary from 40 to 80kbps.

      My free three month trial of XM radio just ended on my new car and I was not impressed by the sound quality of many of the music stations. It sounded ok, but no better than the local FM stations.

      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
  24. Too Late... by Thelasko · · Score: 1

    Hulu already did it.

    --
    One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    1. Re:Too Late... by Darkness404 · · Score: 1

      Hulu already did it.

      And how many people go to Hulu compared to YouTube? No one I know ever goes to Hulu, in fact I had to Wikipedia it to see what it even was. And from the Wikipedia article

      Hulu videos are currently offered only to users in the United States.[3]

      that nearly negates the effect of the internet in building a fanbase.

      --
      Taxation is legalized theft, no more, no less.
    2. Re:Too Late... by Thelasko · · Score: 1

      I never used Hulu until this weekend. I am very impressed with it's execution. Sorry to hear that it isn't available outside the US. I suspect the reason people haven't heard of it is because it took a long time for networks to realize they could make money by making their shows available on the internet. Here in the US it was big news when it debuted, it even made the Slashdot front page.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    3. Re:Too Late... by Darkness404 · · Score: 1

      I never used Hulu until this weekend. I am very impressed with it's execution. Sorry to hear that it isn't available outside the US. I suspect the reason people haven't heard of it is because it took a long time for networks to realize they could make money by making their shows available on the internet. Here in the US it was big news when it debuted, it even made the Slashdot front page.

      I live in the US :) however even though I do remember its launch as some sort of "YouTube killer" but it quickly faded to obscurity. But what I was getting at about the US only, was that it would make it hard, if not impossible to find more fans for the shows. And the more fans, the more $$$ they make.

      --
      Taxation is legalized theft, no more, no less.
    4. Re:Too Late... by Thelasko · · Score: 1

      But what I was getting at about the US only, was that it would make it hard, if not impossible to find more fans for the shows. And the more fans, the more $$$ they make.

      It only makes money if it advertises products that are available in other countries. YouTube manages this by having country specific websites. I think Hulu will eventually do the same.

      YouTube has yet to make any money, and why should the major networks bother with it when they can just as easily start their own site. They control all of the content, and get to cut out the middle man. In the mean time they can sue YouTube into oblivion forcing it to hemorrhage even more cash.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    5. Re:Too Late... by Darkness404 · · Score: 1

      and why should the major networks bother with it when they can just as easily start their own site.

      Because, when I, or just about anyone else wants to watch something online, they don't Google it, they just search for it on YouTube. I'm not going to go to *insert random site here* for all my videos for *insert show here* because it isn't convenient. And most people would agree with me.

      --
      Taxation is legalized theft, no more, no less.
    6. Re:Too Late... by Thelasko · · Score: 1

      Because, when I, or just about anyone else wants to watch something online, they don't Google it, they just search for it on YouTube.

      That will have to change. Google wasn't always the most popular search engine you know. Sooner or later Google will be replaced by something else. People flock to sites that work the best. They don't have any vested interest in them.

      As far as I am concerned, YouTube hasn't worked for quite a while. Every time I find a good clip, it gets taken down. Why should I keep going there? I've had a much better success rate with Google. The clip I want is usually available on some small site, below the radar of Viacom.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
  25. Viacom has something entirely different in mind... by MindPrison · · Score: 1

    They could not care less about the laggy, buggy, extremely-low quality you-tube ripoffs of their shows & movies.

    Viacom is in financial trouble, and Google is big and have a lot of money. Viacom are already pretty known for being "big bad money bulleys", just google for those viacom satellite customers by the thousands that are forced to keep flawed subscriptions even though they don't use it - and Viacom has been up in the news several times for their "bullying" tactics of the common public.

    Pure corporate greed - nothing else!

    --
    What this world is coming to - is for you and me to decide.
  26. WTF by Anonymous Coward · · Score: 3, Interesting

    Google should just buy Viacom

  27. Stupid stupid Viacom by Anonymous Coward · · Score: 0

    I've never ever seen a company quite so stupid. Viacom are really being idiots here. Publicity is good. Even bad publicity is good. What I would like to see is Google back-billing Viacom for providing services. 76000 people watched your stuff on our servers. Its your stuff. Viacom owes Google $25,758,536,000.00. Pay up immediately. As I have been watching my own viewing habits, and looking at shows Viacom carries, I don't watch any of their content. I don't know how many others do, but I don't. Now my second thought is this. If you are paying for (internet2/broadband), you are likely paying for TV too. So now why would you watch on the computer instead of watching TV instead? Certainly with TIVO, you can watch on demand to your hearts content, and even burn shows to disk that you would like to see again. Is this lawsuit really about "Our precious precious content", or is it really about "We would like the demographics of the 18-25 year olds at your site, but are cheap and don't want to pay for it". Based on the total amount of content at YouTube, VIACOM's content is massively small. Google should preen the information, making sure age information, income, gender and any information not directly related to VIACOM to be removed from the information given to VIACOM. After all, if its not directly related to VIACOM, then its not part of this.

  28. what's the use of being popular by Presto+Vivace · · Score: 1

    if you don't get paid for it? I think Viacom has a point.

  29. the laws are outdated by circletimessquare · · Score: 1

    were viacom to win, the laws would be protecting a dead status quo that will be ignored technologically anyways. were google to win, the law would suddenly be relevant again

    its not possible to lose, just possible for the little guy to breathe a little easier and not worry about getting unlucky and suffering the occasional smackdown by a dying dinosaur

    the laws on intellectual property are simply invalid in the age of the internet

    ip laws are easily technologically circumvented. ip laws today exist solely as a means for large media corporations to take their frustrations out for becoming increasingly irrelevant
    by financially destroying housewives and college kids

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:the laws are outdated by plasmacutter · · Score: 1

      In this case, a loss is a very real loss.

      It would make any and all internet sites very weary of allowing any user interaction what soever.

      A youtube decision for Viacom will immediately be picked up by the RIAA and other media companies and used to shutter myspace, facebook, and every other social networking site. Those things are chock full of media, and it's pretty much impossible that it's all "non-infringing".

      Such a ruling could also be applied to p2p programs which accept any user generated shared materials.
      The Azureus program can and will be issued takedown notices, and you can say goodbye to usenet.

      This ruling would render the internet into "TV 2.0"

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:the laws are outdated by bravecanadian · · Score: 1

      The fact that they are easily circumvented does not make it RIGHT to do so.

      What kind of idiotic argument is that.. it is also easy to hit someone with my car but that doesn't mean the laws protecting people from being hit are a dead status quo.

      Give me a break.

      IP laws are very important unless you want all movies to be low budget filipino horror movies. Personally, I have no problem with paying to see Batman this weekend instead.

  30. information you don't have by Presto+Vivace · · Score: 4, Insightful

    is information you don't have to protect.

  31. Anonymous Coward by Anonymous Coward · · Score: 0

    A Viacom press release masquerading as a news story?
    I guess they don't want to look like SCO and are making a preemptive attack.

  32. What happened? by camperdave · · Score: 1

    At least link to the chart so we can see what's going on. Viacom was going pretty steady until last May, then it suddenly started to nosedive. Anybody know what happened?

    --
    When our name is on the back of your car, we're behind you all the way!
  33. It is convenient, in a sense by Nerdposeur · · Score: 2, Insightful

    That can't be it, because Windows is not particularly convenient.

    Default installation on new machines and network effects ("I can have the same programs/open the same files as everyone else I know, and I can use the same interface I've seen elsewhere") DO make it convenient. Not necessarily good, but convenient.

    If another OS can get enough market share, and open standards take off, some of that will go away. But it does exist.

    1. Re:It is convenient, in a sense by kesuki · · Score: 1

      "Default installation on new machines and network effects ("I can have the same programs/open the same files as everyone else I know, and I can use the same interface I've seen elsewhere") DO make it convenient. Not necessarily good, but convenient.

      If another OS can get enough market share, and open standards take off, some of that will go away. But it does exist."

      Well, when my parents were having troubles with a rootkit (same one i was having trouble with) i switched one of their PCs to ubuntu, it made fixing the problem much simpler. the other one had to be windows, though, but if more geeks exposed relatives with 2 or more PCs to linux desktops like ubuntu, it would just be a matter of time before people start 'demanding' linux availability.

      my dad for one, likes the sudoku game that comes with ubuntu by default a lot. he also plays card games, and i've even set up vlc links to internet radio, he likes the linux machine just fine.

  34. Re:Viacom has something entirely different in mind by ph0rk · · Score: 1

    >> just google for those viacom satellite customers by the thousands that are forced to keep flawed subscriptions even though they don't use it

    A cursory search doesn't turn this up. I'm not saying it isn't true, but you should probably provide your own evidence for a claim like this.

    --
    semantics are everything!
  35. Change Your Model by kellyb9 · · Score: 3, Insightful

    If I were Viacom, I'd certainly be upset about Google making money off of my property (which is what's happening in reality), but instead of getting into a legal battle with them, why not work with them? Lets face it, Viacom is part of a dying distribution model. I think part of the frustration stems from the fact that regardless of how you provide your content, it will ultimately be uploaded to YouTube. But if that's the case, why not provide ad-based content through YouTube? Ideally, a situation like this makes everyone happy, and I'm sure Google would be happy to work with you. Eh, just a thought, I'm not economist or anything.

    1. Re:Change Your Model by Thelasko · · Score: 1

      Why work with YouTube when you can simply create your own website and cut out YouTube as the middle man?

      YouTube has succeeded in forcing content owners to make their media available on the internet. But I doubt Viacom will become friendly with YouTube anywhere in the near future.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    2. Re:Change Your Model by kellyb9 · · Score: 1

      YouTube has become a hub for internet media. That's why they shouldn't cut out the middle man. If they simply provide their content in a seperate place, is it really going to draw people away from posting Viacom's content on YouTube. Hell No. So why not beat them to the punch, cut your legal fees, and increase your profits... ALL AT THE SAME TIME?

    3. Re:Change Your Model by Thelasko · · Score: 1

      Because Viacom is going to win. YouTube will tie up all of their resources trying to police their owns site. YouTube doesn't have any money to pay Viacom in the first place. A win in the court room could kill YouTube. To Viacom, YouTube is weak and vulnerable, and could make a nice asset in their portfolio after the lawsuit is settled.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    4. Re:Change Your Model by bravecanadian · · Score: 1

      I'm assuming once they look at these logs it will become fairly obvious that what pulls most of the traffic into Youtube is copyrighted media.

      So now that big media is coming around and starting their own sites to offer their content, and subsidizing it with advertising etc.. it makes perfect sense to cut the middle man out.

      The internet is a fickle place and just because Youtube is the darling right now doesn't mean it won't fade fast when the primary draw for the site is gone.

  36. Re:Viacom has something entirely different in mind by MindPrison · · Score: 1

    Sure! You just need to be better at searching:
    http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/08/12/BU163548.DTL&type=printable

    Want more?
    http://money.cnn.com/2004/03/09/technology/echostar_viacom/index.htm

    Viacom are notorious for just adding to the subscribers bills without asking the customers what they want.

    In Denmark there was a few years ago a big case where TV3 (satellite subscribers - subscribing to viacoms package) have been fooled into a money trap they could not get out of. There where examples of sellers treatening their subscribers with legal action and putting them into the "bad credit lists" etc.

    This was a BIG thing and they've been up in the news several times.

    --
    What this world is coming to - is for you and me to decide.
  37. Why sue? by Tuberous · · Score: 1

    Perhaps Viacom should have negotiated through other means than a lawsuit. People tend to look at lawsuits in a negative light, especially if the issue can be handled in a better way. Viacom will regret this decision soon. (Thanks to the Streisand effect most likely). Youtube users are lashing out more than anybody else because they are the ones that could potentially lose the most. http://www.youtube.com/watch?v=-NjnsLQCl_w

  38. Convenience of buying hardware for Windows by tepples · · Score: 1

    Windows is not particularly convenient.

    It's much more convenient to buy a PC with Windows compared to, say, Ubuntu. I can buy a PC with Windows and peripherals certified for Windows within walking distance of where I buy groceries. And if I buy a PC with Windows, a separate game console isn't as much of a necessity as it would be with Mac OS X or *Linux. Until I start seeing penguins next to four-panel flags and two-tone faces on packages in big-box electronics stores, Windows will be less inconvenient in notable ways than *Linux.

    ObTopic: Video under a free content license isn't especially convenient to find either. Or has YouTube or one of its major competitors added a way to narrow a search query by license?

  39. bullshit by speedtux · · Score: 1

    If they had a lot of free time to play around, maybe they'd figure out how to use alternatives. Until then, Windows is convenient.

    Installing and maintaining a Windows machine takes much more time than installing and maintaining a Linux machine.

    It's Windows users that apparently have "a lot of free time to play around".

    1. Re:bullshit by pyro_854 · · Score: 1

      Installing and maintaining a Windows machine takes much more time than installing and maintaining a Linux machine.

      It's Windows users that apparently have "a lot of free time to play around".

      ...however, most Windows users don't install or maintain anything... they just use it till it breaks and than pay someone to fix it. The only reason I use Windows is because most games won't run on Linux.

    2. Re:bullshit by Anonymous Coward · · Score: 0

      most Windows users don't install or maintain anything... they just use it till it breaks and than pay someone to fix it.

      Don't be ridiculous. They bring it to a friend/co-worker/brother/daughter/neighbor who "knows computers" and expect them to fix it for free.

    3. Re:bullshit by typidemon · · Score: 1

      And the unwashed would somehow do something else if they migrated to *nix?

    4. Re:bullshit by wanderingknight · · Score: 1

      Not particularly, but at least they're not being taken advantage of their ignorance in order to separate them from their money.

    5. Re:bullshit by wanderingknight · · Score: 1

      they *would not* be taken advantage...

  40. They'll see my uploads... by Wee · · Score: 3, Insightful
    Viacom can take a look at all four of my uploads as a Google employee. I'm sure they'll love the vacation movies the in-laws wanted to see...

    Though I don't understand why it matters if I uploaded something on my own time or not. I was allowed to do all sorts of things on my own time. Sure, I probably couldn't start another search engine, but if I wanted to upload a couple short clips from Comedy Central or whatever, who cares? If it's 10pm at night and I'm at home using my own hardware, what the hell does it matter that I work for Google? I mean, sure, if it's not Fair Use, they could come after me personally, whatever. But I fail to see the connection to my workplace.

    -B

    --

    Ash and Hickory, straight-grained and true, make excellent bludgeons, dandy for the cudgeling of vegetarians.

  41. DVD works for movies, not for... by tepples · · Score: 1

    Why do people watch movies on TV when you can rent the DVD for a dollar

    Because not everybody is a fan of feature films. Some people like to watch time-sensitive programs, such as sports, news, or easily spoiled TV series ("The Lone Gunmen Are Dead" anyone?). DVD doesn't cover these cases as well as broadcast does. And thanks to the cable companies' tying of channels into "tiers", if you subscribe to sports, you get the movies at no additional charge.

    and see it ad-free

    "Ad-free" might not be ad-free. Case in point: Would it be meaningful to make a copy of the film The Wizard without any commercials for Nintendo products?

    uncut

    I'm going to stroke it. Your arms are broken!

    1. Re:DVD works for movies, not for... by sm62704 · · Score: 1

      But people do watch movies on TV. Why is AMC not out of business? Hell, I was even watching that movie, and wound up missing a lot of it.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  42. $550 to get started by tepples · · Score: 1

    Sure they do. It's called a Tivo.

    A TiVo DVR costs at least $150 (for satellite) or $300 (for over-the-air) for the box plus $400 for a subscription, per TV set, in addition to what you already pay for the TV and programming. To some people, avoiding commercials isn't worth $550 or more.

    1. Re:$550 to get started by Anonymous Coward · · Score: 0

      So if you're that cheap, buy a VCR with commercial skipping for less than $40. The point still holds, it's easy to skip TV commercials.

    2. Re:$550 to get started by HolyCrapSCOsux · · Score: 1

      If skipping commercials is all Tivo was for, then sure, $550 is a bit much. OTOH, For a random access VCR with an autosetting clock, remote programming access, a built in tv guide, HD, wishlists, and pop-goes-the-weasel, I think $550 could be alot worse.

      --
      0xB315AA8D852DCD3F3DCA578FD2E0BF88
  43. Residuals by tepples · · Score: 1

    an episode that gets shown on TV say 10 times a year or B) the same episode that is online for viewing 24/7. More views == more money, granted, online distribution has a slightly lower profit margin, but it also has slightly lower costs.

    Unless upstream copyright owners charge residuals per view. For example, owners of copyright in a novel, movie, or comic book series on which a TV series is based may get a royalty, and so might the composer of music used in the series. The ad revenue has to be at least enough to cover the server costs, the bandwidth costs, and the residuals.

    1. Re:Residuals by Samizdata · · Score: 1

      I am surprised to notice no one has mentioned the recent writer's strike at this current point. One of the major issues involved residuals from internet playback. The writers were claiming that they should be paid at least a portion of the standard television rate, while the networks were treating each play as a "promotion" and claiming they owed no fees. [citation]

      --
      It's not the years, honey, it's the mileage. - Colonel Henry Walton Jones, Jr., Ph.D.
  44. huh? by MattW · · Score: 1

    It seems like you just argued having ads online wouldn't work because people would turn to somewhere that had no ads, and then you suggested Viacom wants people on ordinary TV... which has ads.

    The fact is, people are used to some amount of advertising. You can get away with having some amount of advertising, if it's reasonably hard to skip but reasonably easy - or, God forbid, actually entertaining - to sit through.

    In other words, restrict yourself to a few minutes per hour - perhaps 3 minutes - of advertising. And MAKE IT RELEVANT. If you have a bunch of content I can get easily - and it's stuff I want - I'll happily watch a few ads. I'll even tell you what I think of them, and I'll give you feedback saying, "Not remotely interested, don't even think about displaying it again" to "intriguing, send me more info (later, I'm watching this show)".

    In other words, if you're Coca Cola and you want to brandstorm my attention with garbage: Your time is up, go away and die. If you're someone who has a cool product that I'm likely to want and you just need me to know about it: your time has come.

    Imagine a world where I can get any new show(s) I want automatically put on my iPhone, with modest amounts of embedded advertising, and the ability to click a "go away" or "interesting" button as I watch. Powerful, powerful transformation.

    Even for traditional programming, one-way advertising is a stupid waste of time and effort for all involved.

  45. Don't be silly by Snaller · · Score: 2, Insightful

    Not only is this not "interesting"; its also stupid, of course Google employees ARE NOT uploading unsanctioned duplicates of tv programmes. Google are making more money than the us tv networks legally, why on earth would they pay some people to risk it all. They wouldn't. *IF* a person or two were found to have uploaded unsanctioned duplicates AND happen to work for Google then it would be someone who happens to work for google, not a google employee asked to do so. Bank on it. Now fix Google groups 2 damn it.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  46. Should have been court ordered compromise by Mizchief · · Score: 3, Insightful

    Even if Google purposefully used Viacom's content that is no reason Google should have to give away it's property, the log files for usage statistics. If a walmart employ steals a CD from Target, that doesn't give Target the right to start stealing Plasmas from Wal-mart. This is a wide-net search for illegal activities of private citizens as well as international viewers. To me that is a clear violation of the 4th amendment. The judge should have ruled that it is the burden of Viacom to find the specific videos that violate their IP rights and notify YouTube of infringement. At that point either the video is taken down or they pay off Viacom to use the video on a case-by-case basis. If I were the Viacom CEO I would work out a deal where Viacom would either sell high-quality clips or better yet offer them in exchange for the user statistics inorder to better judge who likes certian shows so they can use more targeted ads during their TV and full-length web showings. It seems to me that many big Corps care more about using their power to bully people around than they do about actually making money, or to increase profits in other related markets. Ex. A Record label that owns CD producing factories have more incentive to kill mp3's since 10 CD sales gives them a higher net profit than 100 iTunes downloads. Personally I like watching HDTV better than crappy web videos for full-length TV shows, but in case I miss the broadcast of "The Office" it's nice to watch it on the web the next day at work so that i'm not out of the loop for the next broadcast.

  47. Irony by Anonymous Coward · · Score: 0

    I was watching 30 Rock yesterday and found it ironic that on the show, Alec Baldwin visits Youtube and watches a copyrighted video.

  48. What did that judge say again? by Secret+Rabbit · · Score: 1

    Did in the last post on this topic, it came out that the judge called Googles claims of privacy infringement "speculative"?

  49. better get *something* good from these logs! by pugugly · · Score: 1

    Oh Oh - I know - we're not going to be able to prove what we *thought* we could prove with the logs we wanted . . . . So lets look for something we can use to show somebody from Googles thousands of employees *also* uploaded a video.

    Cuz we only need one naive judge to buy into the argument that Google is 100% responsible for what *any* employee does to win!

    Plus we can sell off all these [I *{heart}* apocryphal evidence!] bumperstickers!

    Pug

    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  50. Really? by ryanscottjones · · Score: 0

    i don't think the internet ads model generates a lot of revenue.

    I think you'd have a hard time coming up with data to back up that claim. http://www.google.com/search?q=internet+ad+revenues

  51. they only found it convenient.... by zogger · · Score: 1

    ..because that is the only thing they found, because that is all that is there. If provided by work and all they can find is windows, then there ya go. If they go into compu-stor-be-us, and all they "find" on the shelves is windows, then there ya go. And you can go to cuzin leroys house out in the sticks where he owns ten hound dogs and they all hang in the front yard and anyplace you step you "find" dogshit, it still doesn't make it convenient just because you found it, it just means you are stuck having to deal with crap ;)

  52. do no by MrKaos · · Score: 1
    Google, don't forget, when dealing with the entertainment industry it's best to 'do no weevil's'

    I bet a one month limit on logs of user IP addresses is looking really good now.

    --
    My ism, it's full of beliefs.
  53. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  54. I believe you mistake me sir... by plasmacutter · · Score: 1

    you don't seem to get it.

    Google not only provided a very easy method of permanently removing clips from youtube, they even took their suggestion to make the proactive "filtering" they've been lobbying so hard for on the general internet.

    They are not after their own content on youtube because they have the capacity to easily remove it.

    they want you tube shut down, and they want a precedent which will be used as a cudgel to prevent any end user participation online

    If they get the ruling they want against youtube, it will apply to everything from other video sharing sites, to ebay, to slashdot.

    That's right, slashdot will be in very real danger if (or should i say when in this graft/corruption rich environment) this ruling goes Viacom's way.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:I believe you mistake me sir... by cliffski · · Score: 1

      I doubt this filtering works. Are you suggesting that it is impossible to find any viacom clips on youtube now?

      --
      DRM-free indie games for the PC and Mac: Positech Games
  55. I call Shenannigans by typidemon · · Score: 1

    Do you have any evidence of that? Every time I install various *nix distros I find they take about as much time as Windows.

  56. Re:Not at all. Viacom Records Kill the Suits. by Artuir · · Score: 1

    Why in the hell is this modded to -1? I must be missing something.

  57. Re:Not at all. Viacom Records Kill the Suits. by Anonymous Coward · · Score: 0

    (-1: Twitter)

  58. This is a good thing by Anonymous Coward · · Score: 0

    This means Viacom knows they can't win on the original merits of the case. Google's position is pretty solid - they comply with DMCA, and the DMCA shows that Congress thought that the cost of enforcing copyrights should be borne by the copyright holder. So Viacom is trying to prove that Google is encouraging copyright violations, a la Kazaa or Grokster. This is an unresolvable case, because copyright law is too broken. Either side winning a complete victory would be bad - either intellectual property laws will be gutted or the Internet will be shut down. This whole thing is a ploy to get Congresscritters to revamp copyright law for the Internet age - even Viacom would benefit from clear, simpler laws. But I'm not gonna hold my breath.

  59. Mode me visible please... by Anonymous Coward · · Score: 0

    Mode me visible please...

    Can we discuss the veracity of this?

    "While this might seem off topic, I would like to remind everyone that half or more of Viacom's board of directors is made up of Scientologists. The article also implies that IP addresses could be included in this information. If you have a YouTube Anonymous channel, I strongly suggest investing in some proxy condoms if you haven't already."
    http://forums.enturbulation.org/15-media/judge-orders-youtube-give-all-user-histories-viacom-21046/

  60. Botnets fight back by Anonymous Coward · · Score: 0

    Get botnets to start loading quick views of known Viacom videos on Youtube. Give them something to work for!

  61. Re:Not at all. Viacom Records Kill the Suits. by dedazo · · Score: 1

    He posts at -1 by default, for trolling and shilling. See here and here for more information.

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  62. M$FT Moderation Gaming. by Anonymous Coward · · Score: 0