YouTube Wins vs. Telecinco In Spain
eldavojohn writes "A Spanish judge has dismissed a case brought against YouTube by Spanish television station Telecinco for violating Telecinco's intellectual property. The ruling reads in part: 'YouTube is not a supplier of content and therefore has no obligation to control ex-ante the illegality of those. Its only obligation is to cooperate with the holders of the rights in order to immediately withdraw the content once the infraction is identified.' Telecinco brought the case against YouTube when it found that episodes of its television programs were turning up on YouTube prior to their official air and release date on their television channel. Things are looking up for Google's video service as YouTube was granted safe harbor from Viacom earlier this year in the United States. You can find an official response from Google on their EU Policy Blog."
Did the spanish try to send a takedown to Google, or they just run to the Court?
One would think, sending an email is cheaper, faster and generally more effective.
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Great! I only hope the rest of the court systems in the world will maintain some semblance to sanity. [Come on, I can't be the First Post.... ]
Maybe they should have spent their time and money trying to find out whoever was leaking the episodes early instead of going after YouTube.
////when it found that episodes of its television programs were turning up on YouTube prior to their official air and release date on their television channel.
Oh yes... This is ENTIRELY a youtube problem.. Not an internal problem due to crappy employees... No way.
Quick! to the lawyers!
"YouTube is not a supplier of content"
Could've fooled me.
So IIRC sites like Suprnova and other torrent *indexing* sites which are often attacked by the MAFIIAA should be safe in Spain after this judgement no?
I mean, Torrent sites are not even hosting a copy of the material (as Youtube does)!
Unfortunately this is a typical example of how justice only applies to big corporations while the small guy is always screwed. (well... I think in Spain are a better but still...)
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i don't have anything against copyrights but most of the pirated content is put on the internet by insiders. i know someone that gives me movies a few weeks prior to DVD release that are from the original masters. he used to get movies a few days after theater release that were originals as well. music albums pop up on bit torrent weeks prior to street date. same thing in this case, it's not like kiddie ninja's snuck in and stole the episodes. someone who works for telecino put them up on youtube.
i'm waiting for a case where discovery uncovers emails that the media companies did this as PR and publicity for some new release. it would probably kill most of the lawsuits
Well, actually first they tried sending the Spanish Inquisition, for surely nobody would expect that!
However, the inquisition got bogged down in a dialogue about their diverse weaponry and fancy red uniforms... so Telecinco decided to take it to the courts instead.
Finally some common sense. I wonder for long will this last.
...the Spanish Inquisition!
Today's paper had a similar Op-Ed piece about needing better copyright enforcement.
The complaint is the same - people who leak unaired episodes onto the 'net, and thus they need stronger laws to protect that.
What I don't get is why don't they try to find the origin of the leak? If it costs as much as they claim, surely the one leaking it onto the 'net in the first place would be the best place to go, than the thousands of others to play whack-a-mole with.
A simple case of "clean your own house before shitting in everyone else's" or some such. It's just like camcording a movie - no one likes watching camcorded crap, especially since a leaked DVD screener offers far better quality and presentation.
Perhaps these production companies would rather sue everyone the horse visited after it left the barn, than to actually close the barn door. Fix the leaks first that's letting everyone download unreleased episodes prior to airing first, rather than trying to go after everyone who's spreading the leaked episodes. It's easier that way because no law can prevent it from spreading.
Its about time Google stepped in and took action on these shady advertisers. Less spam I have to deal with now woohoo!!
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what people at Telecinco thinks about that (disclaimer: it's in spanish). It seems like they were listening to a completely different case.
if you want to make a business out of pirating content, you have to do it in a massive scale :)... if you only pirate a handful of songs and share them for a little while, you're a target
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Obviously if you are going to the legal expense of suing someone it is a really good idea to sue the people against whom you have a ligitimate case. How did Telecinco figure that Google/YouTube were the people to sue? Is this the fault of their lawyers or of Telecinco themselves?
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