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."
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
The problem is, many torrent sites do not readily comply with takedown requests. Many even advertise their illegal material. YouTube will take something down on request, which is the main crux of a "safe harbor" argument.