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Google Spent $100M Defending Viacom Lawsuit

I Don't Believe in Imaginary Property writes "Lawsuits are never cheap, even if you're on the winning side. But not many cost as much as Viacom's lawsuit against Google. The search giant won before trial, and even so Google spent $100 million defending themselves. Incidentally, Viacom is appealing the ruling, so it's not even over yet. Perhaps it's no wonder our rights are vanishing online when it takes $100M to protect just one of them."

19 of 153 comments (clear)

  1. A possible fix: by Anonymous Coward · · Score: 5, Insightful

    On all matters regarding intellectual properties, only public defenders may represent both parties.

    And move to a non-profit court system. Some jurisdictions figured out they could attract dollars by being attractive venues for lawsuits.

    1. Re:A possible fix: by Theaetetus · · Score: 4, Interesting

      And move to a non-profit court system. Some jurisdictions figured out they could attract dollars by being attractive venues for lawsuits.

      That has nothing to do with the court system - it actually loses money on each case, whether patent, criminal, or civil. However, the city of Marshall, Texas makes a lot of money on patent suits, with lots of expensive hotels and restaurants for out of towners. Are you going to suggest banning capitalism in towns with courthouses? Obviously not.
      Forum shopping is bad for many reasons, but not the one you suggest.

    2. Re:A possible fix: by Anonymous Coward · · Score: 3, Insightful

      The cost is primarily the hourly rate for lawyers, not travel expenses. This case barely even saw the inside of a courtroom. Teleconference maybe could have saved a few thousand, maybe even a few hundred thousand, but not any significant percentage.

    3. Re:A possible fix: by AvitarX · · Score: 3, Insightful

      It could have taken the profitability for the town though.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    4. Re:A possible fix: by nine-times · · Score: 3, Insightful

      Better solution: make better laws, appoint better judges.

      I kind of hate when you get a problem that stems from people doing stupid things and everyone runs around trying to figure out how to rejigger the system to make stupid things impossible. There is no systematic way to stop stupid greedy corrupt people from wreaking havoc. You can come up with systems that will diminish the amount of damage any one stupid greedy corrupt person can do, but that's about it. If you let stupid greedy corrupt people stay in charge, they'll still wreak havoc.

    5. Re:A possible fix: by iamhassi · · Score: 4, Interesting

      "Better solution: make better laws, appoint better judges."

      It's not the laws, this was a lawsuit that didn't even enter a courtroom. I can sue anyone for anything: if I knew your name and address I could sue you right now for... oh, let's say slander and you'd have to shell out $$$ or be found guilty. Oh sure you could counter sue saying the lawsuit has no basis and might get your money back, but you'd still have to shell out the $$$ first just to go to court.

      Legal system is no better: without any proof or evidence at all I could accuse anyone of assault and the police will go arrest them and put them in jail and maybe the next day they could talk to a judge and get out of jail after paying thousands in bail. That's what this women did. She sent fake harassing text messages to herself and her ex-boyfriend was arrested three times before the police finally investigated to see that all the text messages were sent close to where the woman worked. Each time he was arrested he had to pay thousands in bail money and now has a police record for harassment that he has to try and clear up.

      The US legal system is horrible.

      --
      my karma will be here long after I'm gone
  2. Other interesting monies by erroneus · · Score: 4, Insightful

    Perhaps the data is published somewhere or is simply waiting to be compiled, but I would like to know how much was spent lobbying for the DMCA in the first place. This figure can then be compared with the money spent defending. Those numbers could then be used to show how much money was wasted on this and similar laws that offers negative net benefit to those whose copyrights are being "protected."

    As we know, belief trumps fact. It has been widely believed to be true until studies have proven it to be true. So perhaps such a study would be an exercise in futility, but perhaps before MORE stupid laws and treaties are put into place, these sorts of facts need to come out into the open to show the world what is really going on and who is really benefiting. Turns out that the individual people aren't benefiting (we already knew that) but the parties allegedly being defended aren't benefiting either. The courts systems are being burdened and tied up as well. It's all a tremendous waste and the only beneficiaries are the lawyers behind it all.

    1. Re:Other interesting monies by MobyDisk · · Score: 3, Funny

      As we know, belief trumps fact./quote>
      Is that a fact?

      It has been widely believed to be true until studies have proven it to be true

      Okay, I'll believe it then.

  3. Ask Phil Zimmerman by GPLDAN · · Score: 5, Interesting

    He spent every cent he had, and went into deep deep debt, trying to keep out of jail for a prosecution orchestrated by RSA as a political favor payback by the US government.

    1. Re:Ask Phil Zimmerman by Shakrai · · Score: 3, Insightful

      He should have used the 2nd amendment instead ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  4. McLibel by PIPBoy3000 · · Score: 3, Informative

    It's not always expensive to litigate. The classic example is the one against McDonald's.

  5. What about Viacom? by hannson · · Score: 4, Interesting

    I'm wondering how much Viacom spent on that lawsuit.

  6. a legion of lawyers by circletimessquare · · Score: 3, Insightful

    litigating laws that should not exist in the first place

    a kind parasitism, that we are all paying for

    legal cruft, created by lawyers, in the service of paying lawyers and keeping them busy, but adding nothing whatsoever to society or the common good, serving to do nothing but waste other people's money and time and keep a bunch of pointless people buried under paperwork

    what do these people create?

    i'd like one of these lawyers in cases as pathetic and pointless as this to actually try to defend their useless existence

    how can they wake up in the morning and not put a shotgun in their mouths, so utterly without any redeeming quality is their useless existence?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  7. Re:Legal ridiculousness by Beardo+the+Bearded · · Score: 4, Informative

    Sometimes, yes.

    I'm an Engineer. It took me 5 years of University (co-op program) and six years of EIT time before I became a Pro. I would charge out time at about $200 an hour, which is roughly the same as other Pros. (This isn't what I get paid at work but then I get other benefits like steady work, legal resources and insurance, and a great environment.)

    Lawyers get a degree before they go to law school and then have to spend years articling before they can do their bar thing. (What? I'm not a lawyer. My lawyer's a lawyer.) Why should they charge a cheap rate for professional services? Law is a difficult topic and requires a lot of training. It's not like on Law and Order or Ally MacBeal where it's just talking. Most of it is research, practice, and training.

    Loser pay, though, that's the way to go. They do it up here.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
  8. Re:Rights? by Locke2005 · · Score: 5, Insightful

    Google is not blatantly violating copyrights. As a common carrier that does not censor postings, they are not directly responsible for material posted to sites owned by them. In addition, Google would claim they have promptly taken down infringing material as soon as they were notified. Now, has Google assisted other individuals in violating copyright? Yes, and one could argue that as a corporation they should be held liable for contributing to copyright infringement. But they did not intentionally or blatantly violate anyone's copyright themselves.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  9. go tell it to the DMCA buddy by voss · · Score: 5, Interesting

    As much as I disliked the DMCA, the safe-harbor provision has done its job.

    Google didn't violate peoples copyrights. The individual uploaders may or may not have,
    according to the varying nuances of fair use. The benefits of youtube far outweigh
    the theoretical loss of revenue.

    Google spent a 100m not defending its good name but to set a legal precedent and defend the value of its company.
      Once the legal precedent has been set, the cost of defending these suits will drop a great deal.

    Of Google will claim the entire 100m as a tax writeoff.

  10. Re: Repay? by dachshund · · Score: 4, Insightful

    Florida has an answer to appeals trials. One is required to post the sum awarded by the lower court as well as a hefty fee to appear before an appeal court. Since it takes three or four years to get to trial as a rule the lost interest on the money as well as the build up of ongoing legal fees generally rules out any hope of an appeal trial giving relief. Then just to put the frosting on the cake the superior court often rules that the case must be kicked down to the first level and decided from scratch all over again. Then it takes another year to get back to court and get a ruling and there is no guarantee that the case will not be appealed a second time. This turns into a case lasting for fifteen years with expenses so great that the person fighting the uphill side of the battle will drown before it is over

    First of all, any post beginning with "Florida has an answer" should send you running for the hills. I've dealt with the State of Florida on a few small issues, and it's how I'd like my justice dealt.

    More seriously, the problem with this approach is that it has a condition that ensures that someone will "drown fighting the uphill side". In general, any time there's a condition where one party can be "drowned" fighting for their legal rights, you can be certain that the drowning will overwhelmingly be done by those least able to afford the lawyers. It won't necessarily correlate to justice. I think we'd all be better off trying to come up with legal systems that work better for everyone, rather than legal systems that shaft one party in various circumstances.

  11. Re:Legal ridiculousness by 0123456 · · Score: 4, Insightful

    Law is a difficult topic and requires a lot of training.

    Law is a difficult topic and requires a lot of training because laws are written by lawyers. So long as that's the case, law-makers will never do in one paragraph what they could stretch to a thousand pages.

  12. Re:Legal ridiculousness by scot4875 · · Score: 3, Insightful

    I would accept your premise if thousand-page-long laws written by lawyers had no ridiculous holes or unforeseen consequences.

    --Jeremy

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    Jesus was a liberal