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Google Deal Allegedly Lets UMG Wipe YouTube Videos It Doesn't Own

Sockatume writes "Ars Technica is reporting that Google has given music conglomerate UMG the right to arbitrarily eliminate YouTube videos. When UMG had Megaupload's 'Mega Song' removed from the site, it was assumed that they had made a DMCA claim, and that YouTube was responding under its 'safe harbor' obligations. Megaupload's legal response argues that UMG has no grounds to request a DMCA takedown. However in court filings (PDF), UMG claims that its licensing agreement with Google gives it the power and authority to unilaterally wipe videos from the site, bypassing the DMCA entirely. If true, that means that your activities on YouTube are not just curtailed by the law, but by the terms of their secret agreements with media conglomerates."

392 comments

  1. And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 5, Insightful

    Big Content doesn't need a law to shut you down.

    1. Re:And you think the DMCA and SOPA are bad. by InsightIn140Bytes · · Score: 4, Interesting

      And Google is helping them to abuse little guys. "Don't be evil", huh?

    2. Re:And you think the DMCA and SOPA are bad. by NatasRevol · · Score: 5, Insightful

      Or how about Google changes their motto to reflect their reality.

      http://www.google.com/about/corporate/company/tenthings.html

      --
      There are two types of people in the world: Those who crave closure
    3. Re:And you think the DMCA and SOPA are bad. by cpghost · · Score: 4, Insightful

      Soon enough, Big Content will own the companies that own the intertubes, so yeah, they'll do as they please. That's our Achilles' heel: we, the public, don't own the infrastructure, i.e. the roads. Of course, we could always piggy back an encrypted p2p network on top of commercial carrier backbones, but it will always remain a matter of goodwill from the backbone operators (and their corporate overlords) whether and how long we could do that.

      --
      cpghost at Cordula's Web.
    4. Re:And you think the DMCA and SOPA are bad. by Pieroxy · · Score: 5, Insightful

      Since you did put the link up, you should have read it.

      They don't claim that their motto is "don't be evil", they claim that they believe that you can make money without doing evil. It is different.

    5. Re:And you think the DMCA and SOPA are bad. by jeffmeden · · Score: 5, Insightful

      Sweet Cheeses, indeed. When the actions of the service owner directly contradict the very NAME of the service in question, yes it becomes more than "lacking good intentions".

      The DMCA has provisions to let UMG and Google settle their disputes without a single lawsuit, but Google (apparently) chose the path of least resistance, giving the content enforcement job to a media company that does not have the user's best interest in mind. Certainly not "dont-be-evil" no matter how you cut it. If the cost of compliance on Youtube is too great for Google to bear, there has to be a better solution than just giving the keys to the castle away to a media company so they have free reign to take what is billed as a free and open video sharing site and turn it into "whatever UMG thinks you should be able to watch".

    6. Re:And you think the DMCA and SOPA are bad. by tgd · · Score: 5, Insightful

      Anyone who believes a "don't be evil" tag from any public corporation is fooling themselves, especially a corporation whose entire reason for existance is advertising. *You* are not their customer. You are a product they sell to their customer -- something its always good to keep in mind with these companies.

      And, as they say, the customer is always right.

    7. Re:And you think the DMCA and SOPA are bad. by LordLimecat · · Score: 0, Troll

      Wasnt google sued by several companies due to their resistance to filtering videos?

      Yea, but I guess their duty is to run Youtube into the ground through litigation, right?

    8. Re:And you think the DMCA and SOPA are bad. by LordLimecat · · Score: 4, Funny

      When the actions of the service owner directly contradict the very NAME of the service in question,

      So they changed it from a series of tubes to a dump truck?

    9. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 4, Insightful

      Oh Jesus.

      I guess their obligation is to absorb infinite lawsuits on behalf of every kid who puts music on their videos?

      How about you go start your own corporation and run it on good intentions.

      Complying with DMCA would prevent that. If this is true, Google have gone much much further in allowing UMG direct access to bypass due process and practice arbitrarily censorship on Youtube users. If you think that is fully in line with boasting about having much better values than competitors, not doing evil, and that Google shouldn't be kept to that claim when making it, then I guess we disagree about that.

      "Don’t be evil. We believe strongly that in the long term, we will be better served — as shareholders and in all other ways — by a company that does good things for the world even if we forgo some short term gains." (Google Founders) ..."the slogan was "also a bit of a jab at a lot of the other companies, especially our competitors, who at the time, in our opinion, were kind of exploiting the users to some extent.""

      And if true, I would put money on it being part of some larger commercial faustian deal with UMG. Can't see any other reason why they should go along with something like that.

    10. Re:And you think the DMCA and SOPA are bad. by LWATCDR · · Score: 4, Interesting

      Actually this may be a very good thing. Talk about giving someone enough rope to hang themselves with.
      The Megaupload video is so not important. Them taking down the TWIT video podcast really could be a freedom of the press issue and one that overrides their agreement with YouTube.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    11. Re:And you think the DMCA and SOPA are bad. by jeffmeden · · Score: 4, Insightful

      When the actions of the service owner directly contradict the very NAME of the service in question,

      So they changed it from a series of tubes to a dump truck?

      Bingo. And not just any dump truck, one of those asshole dump trucks that drives around dropping 2" pieces of rock out the back and has a sign affixed to it proclaiming "Not Responsible For Broken Windshields".

    12. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      Are you retarded? YouTube doesn't have to absorb any lawsuits. They are protected by safe harbors. All they have to do is remove the video in a reasonable amount of time.

    13. Re:And you think the DMCA and SOPA are bad. by NeutronCowboy · · Score: 0

      Does your boss know you didn't get first post in an obvious google bashing thread? You're slow, kid.

      --
      Those who can, do. Those who can't, sue.
    14. Re:And you think the DMCA and SOPA are bad. by oldlurker · · Score: 5, Informative

      Since you did put the link up, you should have read it.

      They don't claim that their motto is "don't be evil", they claim that they believe that you can make money without doing evil. It is different.

      http://en.wikipedia.org/wiki/Don't_be_evil: While the official corporate philosophy of Google[4] does not contain the words "Don't be evil", they were included in the prospectus (aka "S-1") of Google's 2004 IPO (a letter from Google's founders, later called the "'Don't Be Evil' manifesto"): "Don’t be evil. We believe strongly that in the long term, we will be better served — as shareholders and in all other ways — by a company that does good things for the world even if we forgo some short term gains."[5

    15. Re:And you think the DMCA and SOPA are bad. by s73v3r · · Score: 3, Insightful

      So wait, we're not supposed to hold them to the standard and the promise they made long ago?

      And fuck that "infinite lawsuits" bullshit. There was absolutely no fucking reason for any shit like this.

    16. Re:And you think the DMCA and SOPA are bad. by s73v3r · · Score: 4, Insightful

      they claim that they believe that you can make money without doing evil.

      Apparently they've decided that it's not worth the trouble, though.

    17. Re:And you think the DMCA and SOPA are bad. by s73v3r · · Score: 2, Insightful

      Fuck off, troll. There's a huge fucking difference between filtering videos, and giving a media company unilateral rights to take down whatever the fuck they want.

    18. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 5, Interesting

      You just have to remember that everyone has different views on what is good and what is evil. So they are following their belief. Just because it's evil to you doesn't mean it's evil to them.

    19. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 2, Insightful

      How about you go start your own corporation and run it on good intentions.

      How about letting ordinary citizens make and enforce laws arbitrarily, as well? Sounds absurd, doesn't it?

    20. Re:And you think the DMCA and SOPA are bad. by TheRaven64 · · Score: 3

      To retain their safe harbour status, which makes them immune to copyright infringement lawsuits on their hosted content, all that they need to do is take down any content on receipt of a DMCA take-down notice and restore it on receipt of a counter notice.

      --
      I am TheRaven on Soylent News
    21. Re:And you think the DMCA and SOPA are bad. by TheRaven64 · · Score: 4, Insightful

      More importantly, I'm a little surprised that this doesn't open them up to more liability. I was under the impression that the DMCA's safe harbour status only applied to site that didn't actively police their own content. If they do, then they fall under the same rules as a publisher and are liable for wilful commercial infringement.

      --
      I am TheRaven on Soylent News
    22. Re:And you think the DMCA and SOPA are bad. by Solandri · · Score: 5, Interesting

      If the cost of compliance on Youtube is too great for Google to bear, there has to be a better solution than just giving the keys to the castle away to a media company so they have free reign to take what is billed as a free and open video sharing site and turn it into "whatever UMG thinks you should be able to watch".

      Seems to me Google was using the "give them enough rope to hang themselves" strategy.

      The problem with all this bickering over copyright is that, outside of tech circles like slashdot, the general public doesn't give a damn. The media companies, by definition, always have an open mic to broadcast their side of the debate to the public. The opposition does not have this luxury, at least not without paying for it. So they have to resort to stories which are juicy enough to overcome the pro-media bias of the press, and get them to run it. "UMG has power to censor your YouTube videos!" sounds like a pretty successful result in that respect.

      The alternative would be for Google to fight the media companies in the courts, to be decided by judges and juries who've been indoctrinated by decades of single-sided "piracy is stealing" brainwashing. This is no longer a legal fight - the media companies have pretty much won that and have the law on their side. This is a public policy fight. The public needs to be educated why the pendulum has swung too far in favor of copyright holders, so that they pressure their legislators to change the law.

    23. Re:And you think the DMCA and SOPA are bad. by Frankie70 · · Score: 4, Insightful

      Freedom of press? What freedom is it that grants people the right to use storage paid for and served by google?

    24. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 3, Insightful

      I think YOU may be the troll. We simply do not know the terms of the legal agreement between UMG and Google. We can tell from the small but Ars Technica published that it is not what you said - it is not unilateral rights to take down whatever the fuck they want. There are specific stipulations. They have not been made public. Perhaps it reads like this: If any of our artists that is under an exclusive contract with us is in any performance not connected with us, we can take that down to enforce our exclusive contract. Perhaps it reads: We can take down whatever the fuck we want, neener, neener. I doubt it though. The bottom line? As of this writing we don't know what is in that contract. It is specious and disingenuous to assume it says they can take down whatever they want though.

    25. Re:And you think the DMCA and SOPA are bad. by AtomicJake · · Score: 4, Insightful

      If you relativize "good" and "evil", you end of having nothing.

      For the evil the good is evil.

    26. Re:And you think the DMCA and SOPA are bad. by thomasw_lrd · · Score: 3, Informative

      Oblig Giants in the Playground lin

      http://www.giantitp.com/comics/oots0763.html

    27. Re:And you think the DMCA and SOPA are bad. by NotBorg · · Score: 1

      Why be evil if you can get someone else to do it.

      --
      I want this account deleted.
    28. Re:And you think the DMCA and SOPA are bad. by FictionPimp · · Score: 2

      Lawsuits? Can't they just respond to DMCA requests like normal web companies? Why does it have to be give media companies full control or sue the shit out of everyone?

    29. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      Which is interesting considering how much of our tax money has been spent on building and protecting it.

    30. Re:And you think the DMCA and SOPA are bad. by Megaweapon · · Score: 5, Insightful

      If you relativize "good" and "evil", you end of having nothing.

      For the evil the good is evil.

      Good and evil *are* relative, unless you have some sort of universal definition that everyone can agree on.

      --
      I'm sure "SlashdotMedia" will improve on all the wonders that Dice Holdings blessed us all with
    31. Re:And you think the DMCA and SOPA are bad. by EdIII · · Score: 3, Informative

      Google is not actively policing its own content, UMG is. I am sure as part of the licensing agreement Google is absolved of any liability as it has become UMG's responsibility to police the content.

      I would not be surprised if Google has quietly done this with all "big" (read enough money to sue them) content distributors so that they don't have to do anything.

      ContentID was a massive failure. It never actually worked right and the copyright owners were swamped with "spam" notifications that turned out to be nothing, or worse, they took down everything. The resultant complaints, from people like me, that showed the ContentID system was fundamentally flawed and taking down videos without cause gave Google a difficult problem to solve. In my own case, the videos were only flagged and no action was taken. That was from a single copyright owner though, that probably made the decision to not do anything. UMG I bet would have acted differently.

      Your concerns are mitigated through whatever contractual agreements that Google has with UMG.

    32. Re:And you think the DMCA and SOPA are bad. by MikeMo · · Score: 5, Funny

      Actually, there *is* a universal definition, whether we agree with it or not. We just don't know what that definition is.

    33. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      So, Google's 2004 IPO is the turning point where Google decided to become evil?

    34. Re:And you think the DMCA and SOPA are bad. by AmiMoJo · · Score: 5, Insightful

      You would think that with the popularity of YouTube Google could just tell UMG to fuck off and remove all their content from the site, then simply process DMCA requests as they come in. Companies want to be on YouTube because it's where the cool kids hang out, and if they don't play nice they can take their ball and ram it up their cock.

      Seriously, why are Google pandering to these crooks when they hold all the cards?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    35. Re:And you think the DMCA and SOPA are bad. by Luckyo · · Score: 0

      "The reason why we have wars is because there are as many different concepts of good and evil as there are people on the planet".

    36. Re:And you think the DMCA and SOPA are bad. by johnlcallaway · · Score: 2

      And if someone doesn't like it, they can use another site else like Vimeo. I have yet to have videos that have had audio disabled on YouTube suffer the same fate on Vimeo. Or host your own web site and take control of your life.

      I just wish they would stop whining about how someone who is letting you use their site for free isn't fair .....

      --
      I rarely read replies, it's my opinion and if you thought about your opinion a little more, I'm OK with that.
    37. Re:And you think the DMCA and SOPA are bad. by shoehornjob · · Score: 2

      I'm not really downing Google on this one as it could have gone either way. Option 1: UMG "This is infringing on our IP (censorship). Take it down or we bury you in an avalanche of lawsuits. Now of course Google can handle their lawsuits but it's really not in their shareholders best interest to rack up a bunch of billable hours. Option 2: You take the deal and no one (of consequence) gets hurt. If the artists in the video wanted to make a statement they could have done a better job of it by not renewing contracts with UMG. There are other ways of getting your music out there without big music taking a piece of you. I thought musicians made more money on concerts and merchandising anyway so why deal with these bastards?

      --
      "We are just a war away from Amerikastan. When god vs god the undoing of man." Dave Mustaine
    38. Re:And you think the DMCA and SOPA are bad. by Kamiza+Ikioi · · Score: 0

      Bill Gates certainly never thought anything Microsoft did was evil.

      --
      I8-D
    39. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 1

      That makes no sense at all. How can a definition be universal if not everyone agrees with it?

    40. Re:And you think the DMCA and SOPA are bad. by Ced_Ex · · Score: 1

      What would the devil consider evil?

      --
      Live forever, or die trying.
    41. Re:And you think the DMCA and SOPA are bad. by interkin3tic · · Score: 1

      And Google is helping them to abuse little guys. "Don't be evil", huh?

      I think the "but pick battles you can actually win" was appended to it a while ago.

    42. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      Up There

    43. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      Go to Youtube now and search for "thundercats 2011 episode 13".

      DMCAs would be great if pirating was an occasional thing. (Unfortunately?) it isn't.

      We can argue if there would be alternative solutions to avoid pirating altogether (like the show being available on Cartoon Network's site, which it isn't), but from Youtube's perspective there are two simple choices:

      1- Work by the DMCA system and have more operational costs, or
      2- Let the big sources of DMCAs to signal the videos themselves and cut these costs by half.

      They clearly went for option 2. Now one of such big sources were caught abusing the system. I'm eager to see what will result from this discovery, but for now I wouldn't burn Google on the stake just yet.

      (p.s.: I ended up finding the episode outside of Youtube. I'm really sorry for Cartoon Network not being able to monetize from my interest in it. I think I would have paid a dollar to watch it.)

    44. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      What would the devil consider evil?

      Himself?

    45. Re:And you think the DMCA and SOPA are bad. by lgw · · Score: 1

      Freedom of the press is specifically a freedom for people who can buy their own press - not the ability to force the owner of a press into acting on your behalf.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    46. Re:And you think the DMCA and SOPA are bad. by Nom+du+Keyboard · · Score: 2

      To retain their safe harbour status, which makes them immune to copyright infringement lawsuits on their hosted content, all that they need to do is take down any content on receipt of a DMCA take-down notice and restore it on receipt of a counter notice.

      Except if the contention is that it wasn't taken down under the DMCA rules, then there is no obligation to restore it upon receipt of a valid counter-notice.

      And this would make UMG immune under the penalty provisions of the DMCA for taking down fair use and non-owned content.

      The really funny thing here -- lawyers, are you listening -- is that while UMG says that this wasn't done pursuant to the DMCA, they still attached a name to the takedown order. Why would they do that if it wasn't DMCA?

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    47. Re:And you think the DMCA and SOPA are bad. by sofar · · Score: 1

      I'm also wondering if this doesn't make UMG liable for damages as well - they are an intricate part and could potentially be a co-defendent.

    48. Re:And you think the DMCA and SOPA are bad. by Nom+du+Keyboard · · Score: 1

      Actually this may be a very good thing. Talk about giving someone enough rope to hang themselves with.
      The Megaupload video is so not important. Them taking down the TWIT video podcast really could be a freedom of the press issue and one that overrides their agreement with YouTube.

      You can't make that statement without knowing just what the agreement is. Freedom of the press applies to preventing governments from stifling it. Corporations are not bound by the Constitution in the same way.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    49. Re:And you think the DMCA and SOPA are bad. by GrumpySteen · · Score: 2

      You're trusting that UMG is telling the truth despite the fact that there have been tons of false takedown notices issued by the music companies prior to this.

      It's entirely possibly that UMG is intentionally misinterpreting whatever contractual agreement is in place with Google. It's almost as likely that they're telling bare-faced lies.

    50. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 1

      The public owns the right of way that the data lines are run along and over. That's not going away anytime soon.

      At some point (largely dependent upon how much the corporations want to disrespect the public) the public will reinstate its right to have maximum return on use of public resources, meaning that the companies that run lines over the public property will have to pay the piper (either in gold or by policies that benefit the public interest).

    51. Re:And you think the DMCA and SOPA are bad. by mcgrew · · Score: 1

      And, as they say, the customer is always right.

      Businessmen I know disagree with that. They say "the customer isn't always right, but he IS the customer."

    52. Re:And you think the DMCA and SOPA are bad. by similar_name · · Score: 1

      Is this link better? Okay not a formal motto, but certainly a supported statement by Google and one that they obviously think their investors should be aware of.

    53. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      And Google is helping them to abuse little guys. "Don't be evil", huh?

      Google isn't being "evil". They are only providing an API to allow others to be evil.

    54. Re:And you think the DMCA and SOPA are bad. by kaizokuace · · Score: 1

      The public needs to be educated why the pendulum has swung too far in favor of copyright holders, so that they pressure their legislators to change the law.

      This is gravely important to getting change to happen. I hope google allowing copyright holders be as evil as possible directly to people, especially on a large site like youtube will bring the problem to the public's doorstep (which is usually when Americans actually take action)

      --
      Balderdash!
    55. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      ...and as Mok would say, "Evil spelled backwards is live, and we all want to that don't we?"

      http://www.youtube.com/watch?v=kuIg8uF9geM

    56. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      I guess because it's the path of least resistance. But I do agree with your assessment: if Google wanted, they could just tell UMG to fuck off. I'd say UMG needs more YouTube exposure than Google needs UMG content.

      But... think about it... Megavideo _is_ a YouTube competitor... so it kinda makes sense that Google sides with UMG on this one (although.. yeah.. it does seem evil and un-Google of them).

      In the end, at least we now know what type of control Big Content has over YouTube... they don't even need to issue DMCAs.

    57. Re:And you think the DMCA and SOPA are bad. by s73v3r · · Score: 1

      There is absolutely no instance in which such an agreement should be enforceable, let alone legal to make.

    58. Re:And you think the DMCA and SOPA are bad. by s73v3r · · Score: 1

      Google is actively policing their content. They are clearly doing things at the behest of UMG. That shows they should be doing things at the behest of anyone else that wants something taken down.

    59. Re:And you think the DMCA and SOPA are bad. by Snaller · · Score: 1

      Yeah but that's wikipedia.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    60. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      I have yet to have videos that have had audio disabled on YouTube suffer the same fate on Vimeo.

      Maybe vimeo doesn't have sufficient exposure to get the attention of the likes of UMG?

    61. Re:And you think the DMCA and SOPA are bad. by Khashishi · · Score: 1

      UMG would sue them. There's a reasonable chance the courts would grant an injunction,

    62. Re:And you think the DMCA and SOPA are bad. by Khashishi · · Score: 1

      Once they had their IPO, it doesn't matter what the founders' initial philosophy was. IPO is the very definition of selling out.

    63. Re:And you think the DMCA and SOPA are bad. by Svartalf · · Score: 1

      The thing is... The claim's not legitimate... If they don't do their due diligence to prevent rocks bouncing out like they do, they're STILL responsible for it. It's to convince people to not file suit against them for their carelessness.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    64. Re:And you think the DMCA and SOPA are bad. by Svartalf · · Score: 2

      ONLY if they continued to provide content that UMG has standing over. If they don't and they abide by the DMCA safe harbor requirements...there won't BE an injunction (if there was...there's about to be a bit more problems than UMG pulling junk off of the web...VASTLY worse.).

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    65. Re:And you think the DMCA and SOPA are bad. by EdIII · · Score: 1

      You're arguing semantics here, and I think you are wrong.

      If I offer an API for my website services and you use it to delete something, did you delete it, or did I delete it?

      Personally, I was completely unaware of it while it was happening and did not have any input. My API did not seek my input on your deletion request.

      According to the article, Google granted UMG access via their API to do just that. That is *not* Google actively policing their content. Google has stepped back and allowed UMG to act "arbitrarily".

      Google is not doing anything at the behest of UMG. They entered a contractual agreement with UMG in which UMG has the right to delete videos at their sole discretion apparently.

      If you can get a contract with Google allowing you the same level of access, ostensibly via API, then you can make those decisions too.

      Not arguing that Google is right to agree to it, only that they don't meet the definition of "actively policing their content" with the aforementioned implications withe the DMCA's safe harbor status. This is completely 3rd party.

    66. Re:And you think the DMCA and SOPA are bad. by Larryish · · Score: 1

      True dat.

      My nuts on your chin is good.

      Your nuts on my chin is evil.

    67. Re:And you think the DMCA and SOPA are bad. by shentino · · Score: 1

      I'd say it's evil to be too nice to survive and let nastier companies take your place in the market.

    68. Re:And you think the DMCA and SOPA are bad. by the_bard17 · · Score: 2

      I'm thinking it's about time that somebody made corporations abide by them. We've got special rules for those companies large enough to be monopolistic. Perhaps they ought to be bound by the Constitution, too.

    69. Re:And you think the DMCA and SOPA are bad. by thaylin · · Score: 1

      One thing, it is not a "legal" agreement, it has nothing to do with the law, and can be found illegal. Binding may be the word you are thinking of. In addition if it was the latter, take down anything you want, that would make it unilateral.

      --
      When you cant win, ad hominem.
    70. Re:And you think the DMCA and SOPA are bad. by GrpA · · Score: 1

      “Evil’s when you push your agenda over someone elses. When you assert your beliefs over somebody’s contrary beliefs. That’s evil,”
      Jonathan Carlson, Turing Evolved.

      --
      Enjoy science fiction? "Turing Evolved" - AI, Mecha, Androids and rail-gun battles. What more could you want?
    71. Re:And you think the DMCA and SOPA are bad. by b4dc0d3r · · Score: 1

      Because that's a lot of content to lose. They want to make friends with everyone, despite users using Google services to share everyone's content. The last thing they need is big media, under the umbrella of MAFIAA, trying to build a competing service. Even if it were found to be a collusion, the Justice Department takes so long to bust those up Youtube would be flushed down the PoopTube by the time anything remotely interesting happened.

      How would that work? Easy, someone uploads a crappy version of something, fingerprinting identifies it and replaces it with a 1080p or 256kb crystal clear copy, with ads and links to places to buy it.

      Google is in a nebulous area, protected but not appreciated. They don't want enemies.

    72. Re:And you think the DMCA and SOPA are bad. by mysidia · · Score: 1

      And this would make UMG immune under the penalty provisions of the DMCA for taking down fair use and non-owned content.

      It could open UMG and Google up to other claims such as tortious interference, and anti-competitive behavior.

    73. Re:And you think the DMCA and SOPA are bad. by justforgetme · · Score: 1

      that's why the only safe way for the continuation of the free speech Internet is to use:

      --
      -- no sig today
    74. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      Sorry, but you've got no epistemological basis to even make that claim. Fail.

    75. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      Seriously, why are Google pandering to these crooks when they hold all the cards?

      For the same reason that they won't stand up to Android-using cellphone manufacturers or carriers to: consumers are NOT their customer.

    76. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      you forgot the
      </shameless_plug>

    77. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      prove it, show some evidence that there must be a universal definition.

    78. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      This is one of those "market solutions" to a problem. I think it's infinitely better than DCMA, because someone can just choose not to use Youtube to publish their video. The smaller video sharing sites won't make these kind of deals, and so it will put pressure on Youtube not to make these kind of deals.

      If there were not DMCA, then I don't think they'd be able to get away with this kind of deal anyway.

    79. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0

      Because of shit like this, and because of the recent changes in their Gmail interface (particulartly the "new look" and the uber-fucking-creepy "Consider Including", I've dumped them entirely. Only when I decided to get them out of my life did I realize how tied-in to them I was: My email, contacts, calendar, everything running on their servers with who knows who digging through it. I used to think, "Oh, its OK -- Google's *different*." But now I realize how deluded I was. Google is just another corporate behemoth out to make a buck off me any way they can.

      I'm running my own email server again for the first time in about five years, using Zimbra Collaboration Suite. I love it. Got it up and migrated my mail, contacts, and calendars to it overnight and syncing with my Android phone with no problems. The PITA factor really wasn't bad.

      Using Yahoo's altavista.com now for search. I like the clean interface.

      Switched from Chrome back to Mozilla. I might just install Chromium now, but I won't be going back to Chrome again.

      Still running Android, but with Cyanogenmod.

      I've lost any faith I ever had in Google doing the right thing.

    80. Re:And you think the DMCA and SOPA are bad. by Anonymous Coward · · Score: 0
    81. Re:And you think the DMCA and SOPA are bad. by GrumpySteen · · Score: 1

      And just to beat the dead horse...

      http://www.wired.com/threatlevel/2011/12/youtube-universal-megaupload/

      UMG was lying about the supposed agreement. The court case is going forward and UMG is undoubtedly going to lose.

      Kinda messes with your Google-bashing and trying to claim that they're the evil ones in this mess, doesn't it.

    82. Re:And you think the DMCA and SOPA are bad. by s73v3r · · Score: 1

      Unless they are offering that same access to everyone else, then yes, it is them actively policing their content.

    83. Re:And you think the DMCA and SOPA are bad. by EdIII · · Score: 1

      No they are not.

      If they contractually allow a 3rd party access to the system programmatically (API) to perform whatever actions are allowed by policy (which is wide open apparently) it not the API provider that is responsible for the actions.

      UMG is actively policing the content in question, and UMG is the one performing the deletions directly via the API according to the article. This does not involve the specific knowledge, nor intent, of Google to police anything.

      They are specifically allowing UMG to police their content, which means.... they are not doing it themselves. You cannot make them complicit in these actions simply because you want it to be so.

      As it relates to the safe harbor status in the DMCA, Google would not be actively policing its own content, and therefore losing the status.

      Whether or not Google is correct in this, ethical, or "being evil" is immaterial to the specific question at hand, which is, "Is Google actively policing its own content?".

      They are not.

  2. And so it begins... by SJHillman · · Score: 5, Funny

    This is the start of UMG's war against cats doing funny things

    1. Re:And so it begins... by Anonymous Coward · · Score: 5, Funny

      I don't think they are quite that stupid. Cat videos are the primary purpose of youtube (from the viewer perspective) and a loss of cat videos would have serious backlash to all parties involved.

      If people are forced to torrent for cat videos, they will quickly learn how to get anything else that way.

    2. Re:And so it begins... by Anonymous Coward · · Score: 4, Funny

      People would quickly realize that using a torrent for "cat" videos might pull up an entirely different kind of "cat."

    3. Re:And so it begins... by tgd · · Score: 5, Funny

      This is the start of UMG's war against cats doing funny things

      If they can stop mine before, say, 6am, I might change my mind on this whole thing ...

    4. Re:And so it begins... by Anonymous Coward · · Score: 0

      This is the start of UMG's war against cats doing funny things

      You're trying to support UMG aren't you? Despite such public interest acts, I still don't like them.

    5. Re:And so it begins... by cayenne8 · · Score: 1

      This is the start of UMG's war against cats doing funny things

      > If they can stop mine before, say, 6am, I might change my mind on this whole thing ...

      Buy a pellet gun...

      --
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    6. Re:And so it begins... by Anonymous Coward · · Score: 0

      "If people are forced to torrent for cat videos, they will quickly learn how to get anything else that way."

      Exactly. Probably a gateway to furry content, for example.

    7. Re:And so it begins... by Anonymous Coward · · Score: 0

      And everyone except paysite ops would be happier.

    8. Re:And so it begins... by Anonymous Coward · · Score: 0

      The word you are looking for is pussy.

    9. Re:And so it begins... by dbIII · · Score: 1

      Not only that, it's taken into account for network cable specification. The sudden growth in transfer of cat videos meant that Cat5 cable was not enough and needed to be increased by around 2.7 times for Cat5e.
      It was the natural reaction after logging traffic.

    10. Re:And so it begins... by ikarys · · Score: 0

      Downloading Cat Videos - The purrrrfect crime.

  3. Nice by Anonymous Coward · · Score: 0

    If that's true, maybe an alternative to YouTube will actually get some traction.

    1. Re:Nice by Anonymous Coward · · Score: 3, Insightful

      You underestimate the laziness and complacency of the average internet user

  4. UMG is screwed by Archangel+Michael · · Score: 1

    This will come and bite UMG in the ass, and hopefully hard. Well, I can hope.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    1. Re:UMG is screwed by InsightIn140Bytes · · Score: 4, Insightful

      How would it bite UMG in the ass? They made a deal with Google. You should blame Google for making such deals when they aren't required to.

    2. Re:UMG is screwed by Archangel+Michael · · Score: 1

      Lawsuit. Google as well. In fact, if I was Megaload, I'd be suing both of them. However, the actual takedown came from UMG. On the other hand, I said "I can hope" ... so .. I'll keep hoping

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    3. Re:UMG is screwed by mr1911 · · Score: 3, Informative

      Lawsuit. Google as well. In fact, if I was Megaload, I'd be suing both of them.

      Sue on what grounds? They took an action that is within their TOS that you agreed to. What is your basis for harm? Would a judgement refunding your full subscription price of a full service make you happy?

      There is plenty to dislike about this story, but responses to stupid actions do not need to include even stupider actions.

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    4. Re:UMG is screwed by king+neckbeard · · Score: 1

      The deal was almost certainly coercive, although we don't know how coercive it is. They are trying to buy EMI right now, so it's poor timing to be an asshole.

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    5. Re:UMG is screwed by Kneo24 · · Score: 3, Insightful

      Lawsuit for what specifically? Why wouldn't Google have the right to take down content on it's websites at will? What law says they can't do this? I'm not saying Google or UMG is in the right ethically speaking, but everyone screaming, "ZOMG LAWSUIT!!!!!111oneoneone" is rather pointless.

    6. Re:UMG is screwed by Hatta · · Score: 1

      On what grounds? Google is entirely within their rights to take down any video on YouTube for any reason whatsoever. Quoth the TOS:

      J. YouTube reserves the right to discontinue any aspect of the Service at any time.

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    7. Re:UMG is screwed by Lunix+Nutcase · · Score: 1

      Sue for what? It wasn't a DMCA takedown and Google has no legal obligation to host your videos. The agreement is vile but what statute are they violating?

    8. Re:UMG is screwed by ZipK · · Score: 1

      You should blame Google for making such deals when they aren't required to.

      What does "required to" have to do with the issue? The relevant mechanism is "choose to," as in choosing what's best for Google's business. Cozying up to Universal versus pissing off some minuscule portion of the interweb is a decision denominated in dollars.

    9. Re:UMG is screwed by Forbman · · Score: 2

      Fair Use. In other words, if UMG bought the copyright to "Happy Birthday", how many vids from YouTube would suddenly be taken down?

    10. Re:UMG is screwed by InsightIn140Bytes · · Score: 2

      Fair use still doesn't matter. It is Google's property. It makes them giant assholes, but they didn't break any fair use or other laws.

    11. Re:UMG is screwed by LordLimecat · · Score: 1

      How are you going to sue a private company with the goal that they be required to host your content whether you like it or not, for free, on their terms? Pray tell, what law are you alleging they have broken?

      Im sorry, I fully support the right of any provider of a free service to set their own terms and tell you to get bent if you dont like it.

    12. Re:UMG is screwed by LordLimecat · · Score: 4, Insightful

      Its a private website, Google is not required to host your content, nor to be unbiased about what content they show, nor are they forbidden from shopping your videos, or taking them down, or deleting them, or killing your whole google account if they want.

      You need to take a step back and remember that "free video hosting by google" is not a constitutional right.

    13. Re:UMG is screwed by DRJlaw · · Score: 3, Informative

      Why wouldn't Google have the right to take down content on it's websites at will? What law says they can't do this? I'm not saying Google or UMG is in the right ethically speaking, but everyone screaming, "ZOMG LAWSUIT!!!!!111oneoneone" is rather pointless.

      Google could do almost anything that it wanted to with respect to its own service by itself. Google is somewhat limited in what it can do with its own service through contracts with others. Moreso when one content provider seeks by contract to obtain the power to exlude other content providers from participating in Google's generally "open" service. The law -- section 1 of the Sherman Antitrust Act, among others, limits how and to what extend you can do that.

      "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal."

      Partnering with "all" content providers to generate money from content, and then permitting certain privileged content providers to have content from other content providers removed for private reasons strikes people as sketchy. I'd love to see the "rule of reason" analysis that prevents this from being an antitrust violation.

    14. Re:UMG is screwed by mr1911 · · Score: 2
      damn typos...

      Would a judgement refunding your full subscription price of a free service make you happy?

      There. Fixed that for me.

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    15. Re:UMG is screwed by s73v3r · · Score: 1

      I still can very well blame UMG for exercising that power. Yes, Google deserves quite a bit of blame. But UMG should also be scorned just as hard.

    16. Re:UMG is screwed by s73v3r · · Score: 4, Interesting

      Why wouldn't Google have the right to take down content on it's websites at will?

      By doing so, they have demonstrated that they can exact editorial control over the content of videos. Meaning that they are now responsible for the content of every single video posted to YouTube.

    17. Re:UMG is screwed by s73v3r · · Score: 1

      No. There is absolutely no way that this can be supported. Your "provider of a free service" angle can get bent. That is absolutely no excuse for this behavior, and you acting like it does is absolving them of responsibility.

    18. Re:UMG is screwed by shutdown+-p+now · · Score: 5, Insightful

      This, by the way, very nicely shows how oppression works in a corporate-dominated words. There's no government censorship, everyone is just exercising their right to control their private property. It just so happens that all effective soap boxes are private, and building your own that would reach any significant audience is prohibitively expensive - and, in the meantime, you'll be drowned out long before you can make a point and be heard.

    19. Re:UMG is screwed by StikyPad · · Score: 1

      For whatever revenue they made off your video, as calculated by average income per view * number of views.

    20. Re:UMG is screwed by misexistentialist · · Score: 3, Interesting

      True, but feeling outraged by a bias is perfectly legitimate, and informs your decisions about whether to use a service. How would you feel if it were revealed that Slashdot had been secretly owned Apple for several years?

    21. Re:UMG is screwed by DeadCatX2 · · Score: 4, Interesting

      Taking down content at will which does not infringe on copyright means they could lose safe harbor protections because they are no longer a mere conduit for user-generated content.

      --
      :(){ :|:& };:
    22. Re:UMG is screwed by geekoid · · Score: 1

      meeehh.. not really so simple. They are a media company, and the rules are cloudier; for obvious reasons.

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    23. Re:UMG is screwed by Anonymous Coward · · Score: 0

      The law -- section 1 of the Sherman Antitrust Act, among others, limits how and to what extend you can do that.

      Laws don't limit squat unless they're enforced, and the Sherman Antitrust Act hasn't been enforced in years.

    24. Re:UMG is screwed by Anonymous Coward · · Score: 2, Insightful

      True, but a false claim of copyright violation ("this video was taken down because we accuse the poster of violating the law") can be libel. Someone doing a background check could come to the conclusion that the person they're checking cannot be trusted with copyrighted or confidential material, and make an employment decision on that basis. That could get expensive.

      Violation of copyright isn't cool. Lying about someone is beyond that, though, and a lawyer making a reckless or false claim should be punished.

    25. Re:UMG is screwed by Anonymous Coward · · Score: 0

      Too bad you signed away your rights to sue just by using the service. And if you do go to court it is only the court they paid off in their back yard. Sucks to be you.

    26. Re:UMG is screwed by Dogtanian · · Score: 2

      J. YouTube reserves the right to discontinue any aspect of the Service at any time.

      What a bastard this "J. YouTube" fellow is!

      Does the "J" stand for "John" or for "Jerk"?

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    27. Re:UMG is screwed by Anonymous Coward · · Score: 0

      Of course they could sue.

      Google don't own the videos uploaded.
      UMG don't own the videos uploaded.
      Unless the video breaks Community Policy or is highly illegal, there is absolutely no reason the video should ever be taken down by anyone without reason. Even by Google.

      Nowhere in any ToS or policy do I see a clause that allows elimination of videos YOU OWN for no reason.
      Without a reason for constant deletion of a video, even your account, YOU CAN SUE AS MUCH AS YOU WANT TO.
      If only more people realized this, this shit wouldn't have happened in the first place. Thousands of people have videos and accounts deleted for no reason, false flagging and so on.

      Don't give me your "Google owns the site" crap, they have a public website that can be used by anyone, if they want to pick on and bully people off their site, they better be ready to have their asses handed to them in court for unfair treatment. Oh, wait, that's right, you can't win against Big Media even if you tried. They'll rape you of all your money through a decade long lawsuit.
      It is not a "private" website as some people have been mentioning below, a private website is completely different to a website that requires you to register on it to use most functionality. (such as uploading)
      You wouldn't sit by idly while someone was bullied off a street because SOME people didn't want them there for no real reason, would you? Even if their friends lived there and said person actually had a reason to be in the street?
      Stop defending Google or UMG, I love Google, but god damn it this is terrible behaviour and I hope they get it in the deep end because of it.

    28. Re:UMG is screwed by flimflammer · · Score: 1

      Just because there are limitations on what you can do on your private property doesn't make what Google or UMG did here any less legal. You still need to follow the law on your own property, which is why you aren't allowed to explicitly kick out black people from going there. There's no law that says Google needs to host your crappy music video.

    29. Re:UMG is screwed by Toonol · · Score: 1

      There is absolutely no way that this can be supported.

      That's simply wrong. I own a website. I can delete comments off the forum if I want. It's not unsupportable; it's actually pretty easily supported, since denying it results in nonsensical results.

    30. Re:UMG is screwed by mr1911 · · Score: 1

      YOU CAN SUE AS MUCH AS YOU WANT TO

      If filing a suit is your end goal, then your plan will succeed. If winning a suit is your end goal, you need to demonstrate a basis for suffering damage.

      Don't give me your "Google owns the site" crap, they have a public website that can be used by anyone

      You don't seem to understand. Google does indeed own the site. By your logic, retail establishments do not have the right to shut their doors or refuse service to anyone. Opening one's doors to the public does not make their private property somehow become public property. Or, in other words, your position is nonsense.

      You wouldn't sit by idly while someone was bullied off a street because SOME people didn't want them there for no real reason, would you? Even if their friends lived there and said person actually had a reason to be in the street?

      Again, you do not understand the concept of public versus private. Google owns the website. It is in no way comparable to a public sidewalk.

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    31. Re:UMG is screwed by bws111 · · Score: 1

      Quite the dumbass, aren't you? First, nice trick with your 'Google owns the site' block. Of course, in real life such stupidity does not work. Google DOES own the site, and they CAN do whatever they want with it.

      You can sue as much as you want to? Where did you get that nonsense. In order to sue you need at least legal standing (ie you were harmed), and a legal theory for which to sue them. What is your harm? The video that you paid $0 to post on YouTube was deleted? That makes your harm $0. What is your legal theory? 'I don't like them and they're mean'? Please show the case law that supports that.

      Treated unfairly? Where do you get the idea anyone legally has to treat you fairly?

      You also seem highly confused by the differences between public and private. I suggest you read up on that. Google is by no means 'a public site'. It is a 100% private site that they allow the public to use at their discretion.

    32. Re:UMG is screwed by Anonymous Coward · · Score: 0

      You're thinking of common carrier protections. The DMCA safe harbor provisions provide protection for entities that are not common carriers, so Google is (legally) fine here.

    33. Re:UMG is screwed by DeadCatX2 · · Score: 1

      By taking down content, it proves that they are actively scanning such content.

      Safe harbor relies on them not knowing about infringing content. i.e. if they are scanning content, then they ought to recognize infringement. Hence the "mere conduit" - if there is anything more than an automated system for handling the user content, then they are choosing to be responsible for such content.

      --
      :(){ :|:& };:
    34. Re:UMG is screwed by lgw · · Score: 1

      It has always been the case that freedom of the press could only be excercised by people who could buy a press! That wasn't exactly cheap in our Founding Fathers' day.

      Laws that let Big Content shut down your own server, like SOPA, are a new and genuine evil, but freedom of the press is specifcally the freedom for Google to publish what they want to on their own site! A regime where the government tells Google that they must publish certain content is the opposite of freedom of the press.

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    35. Re:UMG is screwed by flonker · · Score: 1

      So, what you're saying is, UMG is telling Megaupload to refile the DMCA abuse complaint as an anti-trust complaint?

    36. Re:UMG is screwed by shutdown+-p+now · · Score: 1

      It has always been the case that freedom of the press could only be excercised by people who could buy a press! That wasn't exactly cheap in our Founding Fathers' day.

      This is slightly different, though. It's more like you (and pretty much anyone) can buy a press and print out leaflets on it, but plastering them on the walls, or even handing them out in person, is forbidden by the owner of the private property you're on - and it holds wherever you go, because all property is private, and all is controlled by the same interests (at least, same with respect to the cause you're spreading).

    37. Re:UMG is screwed by sofar · · Score: 1

      In essence, you can't sue them for -not-hosting- content, but, because the safe-harbour provisions fail when content is actively policed, they can be sued for full copyright damages by anyone, without first having to file DMCA takedown notices.

      So, a copyright holder can establish a pattern of abuse on youtube where their copyrighted content is posted without permission, sit back, watch UMG take down other stuff but not the copyright holders' content, and -not- file DMCA takedown notices for a while, and then file a massive copyright infringement claim, with a relief request that effectively shuts down youtube entirely.

      The only way out for youtube is to terminate the agreement with UMG.

      Oh, also, UMG wins both ways. With youtube gone/sued, they'll have a great time in the press declaring it a rogue platform, as now confirmed by the courts.

    38. Re:UMG is screwed by Rakarra · · Score: 1

      No. There is absolutely no way that this can be supported. Your "provider of a free service" angle can get bent.

      Well that's nice and all, but if you try using that argument in a court, you won't get very far, and since this thread is talking about lawsuits, that's the part that matters.

    39. Re:UMG is screwed by lgw · · Score: 1

      That analogy doesn't hold though. Without SOPA-style BS, you're free to put your funny cat videos up on your own server, and Google can't take them down. It just happens that people looking for funny cat videos tend to go to YouTube. And if you wanted to stand around the Google campus handing out flyers, Google certainly could boot you out, and that's nothing new.

      Simply because Google is good at getting people to come to their property to watch funny cat videos doesn't incur some special legal or moral burden on them that gives them less rights over their own property (which, of course, is why SOPA is a crock of shit).

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    40. Re:UMG is screwed by Rich0 · · Score: 1

      I think the more interesting legal theory would be that since UMG and Google are collectively not following the safe harbor structure of the DMCA, they become liable for not proactively removing content WITHOUT a DMCA takedown notice.

      Go find something posted on youtube that you can argue that you have a copyright interest in, and sue both UMG and Google for failing to remove it proactively. Both had the ability to do so, and chose not to police their content. Their only defense would be the safe harbor clause of the DMCA, but sue them for discriminating against your copyright interests for not providing you the same access as UMG.

      For bonus points be sure to seek an injuction against the continued operation of Youtube. :)

    41. Re:UMG is screwed by shutdown+-p+now · · Score: 1

      I'm not talking about Google in particular here, but rather the situation in general, and where it'll end up in the long term.

      Sure, you can put videos on your own server, but you're at the mercy of your ISP when it comes to serving requests. What if they make a similar deal with UMG where the latter can unilaterally decide to filter incoming connections to any random network node, claiming that it hosts their copyrighted material?

    42. Re:UMG is screwed by mr1911 · · Score: 1

      I think the more interesting legal theory would be that since UMG and Google are collectively not following the safe harbor structure of the DMCA, they become liable for not proactively removing content WITHOUT a DMCA takedown notice.

      In theory there is no difference between reality; in reality there is.

      Your legal theory is entertaining, but nonsense.

      The DCMA says you must take down content if a copyright holder notifies you their copyright is being violated. The DCMA does not say you cannot remove content because it is Friday and you feel like it. The DCMA does not say you have to validate a take down notice before acting on it.

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    43. Re:UMG is screwed by s73v3r · · Score: 1

      It's very unsupportable to be partaking in censorship.

    44. Re:UMG is screwed by praxis · · Score: 1

      Sherman Antitrust act, for having a secret agreement with a content producer that can remove content of their competitors at will, thereby giving them an unfair advantage.

    45. Re:UMG is screwed by Rich0 · · Score: 1

      The DMCA does tell you how to act on a notice. No validation is required - merely a sworn affidavit by the alleged copyright holder. It appears that UMG did not issue one of these.

      Oh, I doubt any court would do anything - they're far too beholden to big companies to uphold a copyright ruling on behalf of somebody small.

      Then again, I'm sure that if you're willing to go through the trouble you could probably cost them many tens of thousands of dollars in legal bills litigating it all the way to the Supreme Court. Just litigate it pro se and do what all the big companies do - drag it all out.

    46. Re:UMG is screwed by makomk · · Score: 1

      Conspiring to fraudulently claim copyright over other people's work, perhaps?

    47. Re:UMG is screwed by makomk · · Score: 1

      Without SOPA-style BS, you're free to put your funny cat videos up on your own server, and Google can't take them down.

      Until UMG start pressuring hosting and bandwidth providers to sign similar contracts anyway. Pretty much the entire Internet infrastructure is privately owned by companies whose interests aren't aligned with yours.

    48. Re:UMG is screwed by LordLimecat · · Score: 1

      Im not saying its ideal, but come up with a way to fix it without oppressive regulation like "you are no longer in control over what media your company sells" and "you are required to have these opposing political views on your radio station" (and if either of those sounds like a good idea, you havent thought about the implications hard enough).

      Id rather have a de-facto corporate censorship than whatever regulation might fix it-- said regulations tend to be a case of "the cure being worse than the disease".

    49. Re:UMG is screwed by shutdown+-p+now · · Score: 1

      The most efficient way to combat this is to prevent monopolization of the market. When all you have are a few cartels, one per industry, it's very easy for them to collude to lock dissenting voices out. When you have a marketplace full of different competing players, it's much harder for them to do that, because such lock-out is a competitive disadvantage.

      For political speech specifically, it also helps when the state guarantees a certain amount of "prime time" for all registered candidates prior to the elections - many other countries use that model.

    50. Re:UMG is screwed by Anonymous Coward · · Score: 0

      You need to take a step back and remember that "free video hosting by google" is not a constitutional right.

      You need to back your ignorant Hitler wannabe self a step back and realize that taking down someone elses video (as is the case with Megaupload) is not a constitutional right either.

      I can play devil's advocate too!

    51. Re:UMG is screwed by lgw · · Score: 1

      What if they make a similar deal with UMG where the latter can unilaterally decide to filter incoming connections to any random network node, claiming that it hosts their copyrighted material?

      Then that would be completely different than this story - that would be SOPA.

      --
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  5. Welp by Anonymous Coward · · Score: 0

    Time to sue Google! I'm sure THAT will end well.

  6. Again and again by bonch · · Score: 4, Insightful

    Again and again, Google proves that it's beholden to the big content publishers and does everything they ask. "Don't be evil," indeed.

    1. Re:Again and again by Anonymous Coward · · Score: 1

      This is the first time I've ever agreed with anyone claiming Google has done something evil.
      There is no excuse for this whatsoever.
      I, for one, reject our corporate censor overlords.

    2. Re:Again and again by Allicorn · · Score: 2

      It's not longer "do not evil", it's "let someone else do the evil for us!"

      --
      OMG!!! Ponies!!!
    3. Re:Again and again by Anonymous Coward · · Score: 5, Funny

      We outsource evil is more catchy.

    4. Re:Again and again by fuzzyfuzzyfungus · · Score: 5, Insightful

      I suspect that when your core business depends on building massive caches of copyrighted materials(for what one would hope is a non-infringing purpose; but search engine databases aren't exactly a fully litigated area...), with some side businesses in youtube, Google Books, etc, etc. Team Content is able to make some interesting threats regarding decades of potentially catastrophic legislation...

      Now, lest I be misunderstood, I think that the fact that what are commonly thought of as free venues for expression are, on the internet, sometimes governed by secret contracts between unaccountable corporations is rather sinister(it'd be like living in a city where all the sidewalks were privatized and the nearest business given the power to have their rentacops eject somebody from their patch of sidewalk for any reason); but also a more or less inevitable result of the fact that there are no 'natural commons' on the internet. Everything that is 'on' the internet is there because somebody's server is powered up, connected to the net, and responding to HTTP requests. Every last inch of 'the internet' correlates to a piece of private property crunching data somewhere. The only hope, really, is to make it easier(with things like bittorrent, or distributed caching mechanisms) for little people to easily and economically set up their own chunks of the internet...

      As for the 'don't be evil' though, do you really think that Google wants to take anything down from youtube, or give anyone a cut of the ad revenue on something they spent money serving? Why would they do that? It would be foolish to expect Google to stand up for you any more than their bottom line dictates; and that may not be very much at all; but I'm not seeing the motivation to reduce the supply of youtube ad-fodder unless their hand is being forced in some way. If they wanted to make youtube smaller, they'd just delete stuff themselves, it'd be trivial.

    5. Re:Again and again by Anonymous Coward · · Score: 1

      Well, there is an excuse, I assume MGU could have told google, give us a deal or else we gonna sue you for infringing video.
      Even with the pockets of google, if you had to defend against that number of lawsuits, it would cost a lot. But I have to agree, this is something very stupid that google did.

    6. Re:Again and again by Hatta · · Score: 3, Insightful

      It would be foolish to expect Google to stand up for you any more than their bottom line dictates

      That's the exact same line we've heard for decades excusing evil acts from all sorts of corporations. That is exactly the kind of reasoning Google should avoid if they were ever serious about "Don't Be Evil". Turns out that they weren't.

      --
      Give me Classic Slashdot or give me death!
    7. Re:Again and again by DerekLyons · · Score: 1

      I suspect that when your core business depends on building massive caches of copyrighted materials (for what one would hope is a non-infringing purpose; but search engine databases aren't exactly a fully litigated area...)

      That 'massive cache' is a side business. Google's core business is advertising, and everything else they run is sublimated to the twin goals of gathering as much personal information on you as possible, and serving you directed ads based on that information.
       
      Seriously, it's 2011 (almost 2012) and Google hasn't been a 'search engine' company in a long time.

    8. Re:Again and again by Belial6 · · Score: 2

      I am leaving this story in my mental "To be continued" state. UMG is definitely evil. Google is apparently is making deals with them. There is also more to this story than what we initially saw. The question concerning Google is whether they willingly chose to join in on UMGs evil, or if they were faced with choosing the lesser of two evils.

    9. Re:Again and again by sootman · · Score: 1

      > It would be foolish to expect Google to stand up for you
      > any more than their bottom line dictates

      From Wikipedia:

      "While the official corporate philosophy of Google does not contain the words "Don't be evil", they were included in the prospectus (aka "S-1") of Google's 2004 IPO (a letter from Google's founders, later called the "'Don't Be Evil' manifesto"): "Don't be evil. We believe strongly that in the long term, we will be better served -- as shareholders and in all other ways -- by a company that does good things for the world even if we forgo some short term gains." The sixth point of the 10-point corporate philosophy of Google says "You can make money without doing evil."

      An image of their philosophy is here Their current page seems to have watered things down a bit--it only talks about not being deceptive with ads.

      I'm not saying Google shouldn't be involved with protecting copyrights as they see fit, but giving a media company carte blanche to delete whatever content they want isn't the way to go.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    10. Re:Again and again by Anonymous Coward · · Score: 1

      Google is immune to such lawsuits, by complying with the terms of the DMCA.

    11. Re:Again and again by walterbyrd · · Score: 0

      You do not have the right to have your video content posted for free.

      Google is under no obligation to post your videos for free.

      You are not being censored by Google. Google has no authority to do that. Pay for your own web space and post all the pirated media you want. You can also pay for the lawsuits.

    12. Re:Again and again by Zaphod+The+42nd · · Score: 1

      It would be foolish to expect Google to stand up for you any more than their bottom line dictates

      That's the exact same line we've heard for decades excusing evil acts from all sorts of corporations. That is exactly the kind of reasoning Google should avoid if they were ever serious about "Don't Be Evil". Turns out that they weren't.

      If you take what he said IN CONTEXT and don't completely IGNORE everything else he wrote, which was quite a lot, you'll see that he was merely making a concession; they MAY be evil, but even IF we accept that as a given, THEN it still doesn't apply here. Google, whether evil or not, would not want to do this, so google being evil has nothing to do with it. This does not give evidence towards Google being evil or not evil, both are equally likely from this data.

      --
      GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    13. Re:Again and again by Anonymous Coward · · Score: 0

      So piracy is good and avoiding it is evil, right?

  7. That would be surprising by andymadigan · · Score: 1

    I would be amazed if Google truly signed an agreement with UMG that allowed UMG to basically shut down YouTube whenever they wanted. If there are no limits on UMG's ability to take down videos, why don't they just take down all the videos and eliminate youtube permanently?

    --
    The right to protest the State is more sacred than the State.
    1. Re:That would be surprising by bonch · · Score: 3, Interesting

      They don't want YouTube to disappear, because they want to make money off of it. However, they also want to keep Google under their thumbs, and Google will comply like they always do because they're wholly dependent on content publishers in order to have content to put ads around.

    2. Re:That would be surprising by InsightIn140Bytes · · Score: 2

      Yes, because there obviously is no way for YouTube to reverse damage like that. If UMG chooses to abuse, I'm sure they will just say "Well, that was it. Let's go home guys." instead of, you know, undoing the action.

    3. Re:That would be surprising by ironjaw33 · · Score: 4, Insightful

      I would be amazed if Google truly signed an agreement with UMG that allowed UMG to basically shut down YouTube whenever they wanted. If there are no limits on UMG's ability to take down videos, why don't they just take down all the videos and eliminate youtube permanently?

      UMG probably didn't want the public to know. If they took down everything, people would find out, protests would ensue, and ultimately Google would remove this "feature". However, my making it appear that the takedowns were a result of DMCA claims, nobody would be the wiser. Of course, they would have to selectively remove content, but they were probably removing a lot more than they could get away with using only the DMCA.

      It's like the codebreaking that went on during World War II. The Allies had gobs of actionable intelligence but they couldn't act on everything because the Axis would know the codes were broken and switch to something more secure. The Allies resorted to stuff like planting a guy floating in the water with a suitcase full of secrets as a cover for how they learned what the Axis doing.

    4. Re:That would be surprising by timeOday · · Score: 3, Insightful
      Since google is required to respond to DMCA takedown notices anyways, does this even change anything? It amounts to nothing more than a mutually beneficial arrangement to reduce paperwork.

      And let's face it, most of the videos up there have a copyright-infringing music track. I made an infringing video with over a million views, and it's still up. Then I made an infringing happy-father's-day video for my dad which was NOT publicly posted, and it was taken down within 2 hours. Probably because it was a Beatles track (he is a boomer after all).

      Anyways, my point is, policing youtube is a herculean task. Since the DMCA gives all the power to copyright holders anyways, I can see why google would want to shirk the costs of enforcement.

    5. Re:That would be surprising by Dexter+Herbivore · · Score: 1

      The Allies had gobs of actionable intelligence but they couldn't act on everything because the Axis would know the codes were broken and switch to something more secure. The Allies resorted to stuff like planting a guy floating in the water with a suitcase full of secrets as a cover for how they learned what the Axis doing.

      So are you suggesting that UMG drown some guy with a suitcase full of CDs?

    6. Re:That would be surprising by Nethemas+the+Great · · Score: 1

      The overwhelming majority of YouTube content isn't from big media.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    7. Re:That would be surprising by bonch · · Score: 1

      Google wants it to eventually, for services such as Google TV.

    8. Re:That would be surprising by s73v3r · · Score: 4, Interesting

      Since google is required to respond to DMCA takedown notices anyways, does this even change anything?

      Yes. Under the absolutely shitty terms of this agreement, the user is not allowed to respond like they are under the DMCA.

    9. Re:That would be surprising by Belial6 · · Score: 2

      Shhhh..... Don't give them any ideas.

    10. Re:That would be surprising by inode_buddha · · Score: 1

      "The overwhelming majority of YouTube content isn't from big media."

      Big media would like to change that. For a fee of course. You see, they would like any and all media, to be behind a paywall. Won't somebody please think of the Shareholders!?

      --
      C|N>K
    11. Re:That would be surprising by Tastecicles · · Score: 1

      ah, Operation Navajo (pronunciation guide: Nah-yi-yee). The false secrets found with the bodies were written in Navajo; the Axis powers had maybe one or two people who could translate - which led the Axis to believe that the plans they found were authentic. What they found was an invasion plan for a beach several hundred miles away from the beaches that were actually used for the D-Day landings.

      --
      Operation Guillotine is in effect.
    12. Re:That would be surprising by geekoid · · Score: 1

      And now is the time NOT to sigh agreements. Let the media companies wither some more. Then they will come to you on your terms.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    13. Re:That would be surprising by Anonymous Coward · · Score: 0

      Won't somebody please think of the Shareholders!?

      Isn't it more like: Won't somebody please think of the CEO's!

    14. Re:That would be surprising by X0563511 · · Score: 1

      Lets add to that:

      If you can control the area, you can pick out targets. If you smash the area and scatter everyone, your job just became much more difficult.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    15. Re:That would be surprising by X0563511 · · Score: 1

      I love it when people romanize words from other scripts and totally ignore pronunciation. Why would you write "Navajo" when it sounds like "Nayiyee"? We have constructs that form that sound, so WTF would you choose something totally inappropriate?

      </rant>

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    16. Re:That would be surprising by Tastecicles · · Score: 1

      dohnt luc at mi. I ohnli werc hir.

      --
      Operation Guillotine is in effect.
    17. Re:That would be surprising by Anonymous Coward · · Score: 0

      Navajo was originally a Spanish word. It has no connection to what the indigenous people in question called themselves.

    18. Re:That would be surprising by Anonymous Coward · · Score: 0

      Well.. the DMCA has a safe harbor provision. Even if there is some clause in any Google/UMG agreement that intends to do the same ... it should, if there were any sanity in the justice system (there isn't), hold no weight under the law.

      In fact, if anything, UMG are essentially agreeing to police Youtube. Which, again if there were sanity in the justice system, would mean that UMG is liable for any and all DMCA violations on Youtube, because of this agreement.

    19. Re:That would be surprising by dbIII · · Score: 1

      Ah yes, just like that lovely Australian Aboriginal word "nullabor" :)
      The Spanish speak a romanised language by any definition.

  8. Multiple interpretations? by danaris · · Score: 5, Insightful

    I have to wonder if Google would agree with this. It's entirely possible (given that we do not have access to the agreement in question) that by one interpretation, it does allow UMG to do exactly that—but that this was never Google's intention.

    It would be really fun to watch Google bring out the actual agreement and show how it doesn't, by a reasonable reading, permit this.

    (And yeah, I know it's also possible that Google did, in fact, intend this, but in general, that seems unlikely, as it would be simply stupid for Google to allow something of that nature without heavy, heavy restrictions on it.)

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
    1. Re:Multiple interpretations? by Uhhhh+oh+ya! · · Score: 5, Insightful

      I have to agree, I wouldn't be surprised if we are only getting part of the story. It wouldn't really make sense for Google to give someone the power to delete any video they saw fit, and obviously that's not how its being used seeing as this is the first mention we have heard of this secret deal. It seems more likely that they gave UMG delete privileges on the grounds that they only be used on things they have copyrighted. Some mindless office drone at UMG made the mistake of deleting it and Google didn't catch it in time to restore it.

      Google has learned that creating a quality product without being sued is not an easy task and sometimes you have to shake hands and play nice with other corporations. There are groups of people who flag videos as inappropriate just because they don't like the message in it and yet no one called Google evil for giving stupid people sitting at home the ability to get videos taken down.

    2. Re:Multiple interpretations? by ShakaUVM · · Score: 4, Informative

      >>I have to wonder if Google would agree with this.

      Why wouldn't they? If they're rational, they'll takedown every video as soon as they get a complaint from a major rightsholder, regardless of the merits. From a purely business and legal perspective.

      I watched pretty much the entirety of the SOPA hearings live yesterday, and the people opposed to it (Lofgren D-San Jose and Issa R-Vista, mainly) pointed out the weakness in the takedown regime. Basically, if an entity responds to a takedown notice by taking it down, that ends any threat of legal action from people with real legal budgets. Regardless of the merits of the notice.

      This creates a scenario where big rights holders can basically put a bullet into an website they don't like - Lofgren referenced a website taken down for a year (with no compensation or even charges filed) for copyright infringement for showing a video that they had permission for. The RIAA asserted copyright - when they did not, in fact - but nothing happened to them.

      When they made a proposal to the SOPA amendment to adopt a loser-pays system if the claim is found without merit, it was shot down by that fucking idiot with the fucking idiotic name Goodlatte because he didn't want to disincentivize people from filing takedown notices. When Issa (and some other gentleman from California whose name I can't remember - Chaffetz, maybe) pointed out that there would be a veritable flood of copyright notices, Goodlatte and Lamar Smith said, yes, that's what we want to see have happen.

      The real kicker was the debate over SOPA granting immunity to intermediate agencies for taking down websites. In other words, if Visa and your ISP cut off your website due to the unproven allegation of infringement, they are immune to any damages resulting from it. But if they don't comply, they will have to risk legal action. Issa and others rightly pointed out that there needs to be some sort of counterweight to this, otherwise unproven allegations by the RIAA will give them the power to turn of every web site in the world (from the American standpoint).

      Here's the fucked up bit: Mel Watt (D-North Carolina) rose in opposition to this amendment, saying that the current bill only granted immunity to ISPs if they were issued a court order, and that was the correct way to do it. Issa countered by saying that, no, that's actually what my amendment does, but thanks for agreeing with me that that's the right way to do it. Mel Watt: Uh, I'm still opposed to the amendment, as it's not necessary. It was the most outrageous example of bullshit I've ever seen, and I spend a fair bit of my life following these sorts of things. Fuck Mel Watt - he needs an honesty implant.

      Everybody needs to get on board with this and write to their representatives to kill SOPA once it passes committee (as it looks like it will).

    3. Re:Multiple interpretations? by ShakaUVM · · Score: 1

      Correction: It was Chaffetz (who was on fire yesterday for someone not making a single lick of difference), but he's a Republican from Utah, not California.

    4. Re:Multiple interpretations? by Anonymous Coward · · Score: 0

      Probably a simple threat of a decade long lawsuit was enough. They probably saw it as a "they can take down this crap themselves instead of us hiring an army of people to do it".

      Still doesnt make it right what UMG did. In fact it shows to the fact that they were WILLINGLY and WILLFULLY shutting down free speach. As now google isnt even involved in the process. In fact legally speaking I would say UMG is making matters worse for themselves doing this.

    5. Re:Multiple interpretations? by geekoid · · Score: 1

      from what I have read so far, that does seem to e the case. The intent was to allow UMG to removed videos from their channel.

      but.. we will see. Waiting for more data.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:Multiple interpretations? by foamrat · · Score: 1

      Agreed. I hate to rain on everyone's "Look, Google is doing EVIL!!!" parade, but until the clause in the agreement between UMG and YouTube is disclosed, and I'm proven wrong, I'm more inclined to believe that this is a gross abuse on UMG's part. Google has already reinstated the video http://www.youtube.com/watch?v=pCkI5I8vsBg and put the onus of proving copyright infringement on UMG. What is more probable (at least imho) is that UMG and Google did have an agreement that allowed UMG, in good faith, to pull videos thought to be infringing on their content quicker and easier than filing formal DCMA takedown notices. I know this is probably an unpopular sentiment around here, but I'm going to see how this all plays out and how Google responds before picking up my pitchfork.

    7. Re:Multiple interpretations? by deblau · · Score: 1

      >>I have to wonder if Google would agree with this.

      Why wouldn't they?

      Because as soon as one of the labels takes down some innocent user's video without warning, Google will find themselves on the other side of a lawsuit. Companies don't like to expose themselves to liability based on the actions of someone they don't control.

      If they're rational, they'll takedown every video as soon as they get a complaint from a major rightsholder, regardless of the merits. From a purely business and legal perspective.

      Google are already doing this; the current issue is that the labels aren't even bothering to complain any more, they are removing videos unilaterally.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    8. Re:Multiple interpretations? by sjames · · Score: 1

      Actually, the correct response is to take down any video that appears to be from a major rights holder, complaint or not. That way the rightsholders can contemplate the new digital dark ages they are so determined to create from the inside.

      Bonus points for not indexing their websites either (especially the new movie promotions). Wouldn't want to accidentally infringe, now would we?

    9. Re:Multiple interpretations? by ShakaUVM · · Score: 1

      >>Because as soon as one of the labels takes down some innocent user's video without warning, Google will find themselves on the other side of a lawsuit

      Under SOPA, a counter lawsuit will not be possible. Google will have immunity for taking down an innocent user's video without warning.

      That's just one of the many fucked up aspects to the law that the RIAA/MPAA are forcing through.

  9. Then leave YouTube behind by tepples · · Score: 3, Insightful

    I posted the solution in a comment to yesterday's story: leave YouTube behind.

    1. Re:Then leave YouTube behind by Anonymous Coward · · Score: 0

      Leave Google, Gmail, FooTube, and all other things google. Hence Google has shown it can't be trusted with my web interest. Block all scripts/ads too. Make yourself invisible to GooFoo! Time for a new player that will fight for the smart and fair use of the internet.

      FckGoo!

  10. Which is more powerful? by Anonymous Coward · · Score: 2, Interesting

    So, does this mean that a corporate agreement can trump a national law? Not arguing if the law is good or bad, but allowing a corporate agreement an end-around to a law seems, well, illegal.

    1. Re:Which is more powerful? by Kneo24 · · Score: 2

      Corporate agreements can get around law only if they are legal. I doubt there's any law that states company x cannot allow company y rights to do things with company x's property.

    2. Re:Which is more powerful? by Lunix+Nutcase · · Score: 4, Insightful

      What law is being violated if this isn't using the DMCA? Since when does Google have any legal obligation to host your videos? They can remove any video they want for any reason they want.

    3. Re:Which is more powerful? by tverbeek · · Score: 1

      If true, this isn't "trumping" or "getting around" any law. It's simply Google giving UMG more control over YouTube than the law itself gives them. You do not have any legal right to have your videos hosted by YouTube. If you want to put your video online yourself, or on another service, you can still do that.

      --
      http://alternatives.rzero.com/
    4. Re:Which is more powerful? by s73v3r · · Score: 1

      Oh please. Do not give this idea any more legitimacy. This should not be allowed, plain and simple. UMG should have no rights to do anything with any video that they don't own, and Google should not be able to give those rights away.

    5. Re:Which is more powerful? by Frankie70 · · Score: 1

      What exactly is the national law which says that google must pay for the storage for your video & for the bandwidth while serving it to the world?

    6. Re:Which is more powerful? by geekoid · · Score: 1

      Its not about Google. It's about UMG pulling items the don't own using a loophole in the channel contract.
      Like it or not, Google does have a responsibility to the people who use youtube.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:Which is more powerful? by Anonymous Coward · · Score: 0

      You seem to like saying that corporations can do whatever they want, but that doesn't make it true. There aer such things as anti-competitiveness, anti-trust and collusion laws that have been on the books for nearly a century. Google is already in hot water in Europe for allegedly abusing their monopoly.

    8. Re:Which is more powerful? by Anonymous Coward · · Score: 0

      At which point they lose common carrier status and become liable for every infringing work they host which would effectively costs them billions if not trillions of dollars.

      Either they just let it be and not remove content till deemed fit by a legal body or through some other legal means or they pick and choose and have to take responsibility for everything they have slip through.

    9. Re:Which is more powerful? by Anonymous Coward · · Score: 0

      In many western countries, Google would not be allowed to offer a service that is available to everyone, and then start to discriminate against specific users/content for invalid reasons. This could be perceived as censorship or discrimination and could lead to legal problems for Google. Many countries would force Google to treat all their users the same and the "it's our service we do what we want" would not fly because companies and service providers have to respect people's rights too.
      In order to remove a specific video while not removing other similar videos, they would need a good reason. For example, the video would have to be illegal. But saying "we removed video X because we don't allow videos about politics on our website" while not removing other videos about politics would be a clear case of discrimination and possibly a violation of the uploader's freedom of speech.

      Not sure how it happened that in the US a company can say "Our service is available to everyone" and then "except for you, because we don't like your face". Do the USA not have laws against discrimination?
      Also not sure why companies offering a public service (i.e. a service clearly available to most people until the company decides to screen their customers and ban some of them) can claim to be private businesses. Again, in a lot of countries if you say anyone is welcome to your service and then you single out people without a valid reason, it's discrimination and a violation of people's rights. I would have thought that the country known for awarding millions of dollars in damages for "emotional harm" would realize that being rejected from something everyone else is allowed to have/join and even though you've done nothing wrong can be distressing.

    10. Re:Which is more powerful? by bws111 · · Score: 1

      Of course the US has anti-discrimination laws. However, they are not some sort of brain-damaged "you must deal with absolutely everyone" laws. They mostly just state you can't discriminate against someone for something they can not (or can not be expected to) change. That is race, color, national origin, religion, sex, age. You can absolutely 'discriminate' (which is really using your own right a free assembly) against anyone at all for any other reason.

      You don't seem to understand the difference between a public service (paid for by the public) and a private service allowed to be used by the public at the owner's discretion. That are not at all the same thing.

  11. Abandon YouTube? by Anonymous Coward · · Score: 0

    Is it time to start abandoning YouTube?

    1. Re:Abandon YouTube? by denis-The-menace · · Score: 1

      only if you stop posting anonymous

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  12. This is preposterous by Laxori666 · · Score: 5, Funny
    1. Re:This is preposterous by nickdc · · Score: 1

      That's nothing I've already posted 9 times in the last hour. Mine were not given a courtesy message like yours...

  13. I'm shocked that you are shocked by ciderbrew · · Score: 3, Insightful

    Sounds like a reach around deal to me to keep each other happy. Youtube isn't a need or a right and they owe you nothing.

    1. Re:I'm shocked that you are shocked by Snaller · · Score: 0

      And one day they'll decide life isn't a right, and you aren't owed anything.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    2. Re:I'm shocked that you are shocked by s73v3r · · Score: 1

      And it's that kind of "anything corporations do is ok" bullshit attitude that lets shit like this happen.

    3. Re:I'm shocked that you are shocked by Tastecicles · · Score: 1

      And one day they'll decide life isn't a right, and you aren't owed anything.

      If Statutory Instruments are required to not *guarantee* but *grant* that right as an actionable civil legal mechanism, then the right to life is a commercial fiction with the burden of proof on the Claimant that *his* right to life supercedes commercial interests.

      --
      Operation Guillotine is in effect.
    4. Re:I'm shocked that you are shocked by Rakarra · · Score: 1

      Sounds like a reach around deal to me to keep each other happy

      I'd say from Youtube's perspective it's more like the deal to -avoid- an ass-pounding.

  14. Youtube alternatives? by sageres · · Score: 5, Insightful

    Can anyone recommend any Youtube alternatives that are just as fast and free storage and at the same time will not be bullied by UMG / MPAA / etc.?

    1. Re:Youtube alternatives? by d4fseeker · · Score: 1

      The main point of Youtube is not just being fast but being found
      And every prominent site is bullied by the Corps one way or another

    2. Re:Youtube alternatives? by Anonymous Coward · · Score: 0

      Answer: There are alternatives, but they're all being bullied.

  15. I know this will be an unpopular perspective here- by Anonymous Coward · · Score: 2, Insightful

    Why wouldn't you expect that Google (a corporation) can control the content that you give them (youtube videos) any way they wanted?

    You're giving them your content, common sense (maybe not so common?) dictates that they can control their service / business as they see fit.

    Google has decided that their relationship with UMG is more important than their relationship with the users.

    If you don't like it, boycott Google and all their services.

  16. So There's The "Public" YT TOS... by BlueStrat · · Score: 3, Interesting

    ...The one you read and agreed to before uploading content to YouTube, and then there's the "secret" TOS you aren't allowed to read and agree to before uploading content to YouTube, yet you are held to both?

    Methinks YouTube will have some 'splainin' to do to a judge as to how that's OK when all others must disclose their entire TOS.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    1. Re:So There's The "Public" YT TOS... by TheSpoom · · Score: 1

      No. The Terms of Service that apply to you are entirely public. There is a separate, private, secret agreement they have with UMG that basically allows them carte blanche to delete your video, though (or at least, that's what's alleged and supported by their filing).

      --
      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
    2. Re:So There's The "Public" YT TOS... by houghi · · Score: 1

      Basicaly each TOS is: You don't have any rights unless you are a big company, so shut up.

      --
      Don't fight for your country, if your country does not fight for you.
    3. Re:So There's The "Public" YT TOS... by JesseMcDonald · · Score: 3, Informative

      There is a separate, private, secret agreement they have with UMG that basically allows them carte blanche to delete your video, though....

      No, it's the public ToS (in which they never actually promised to host your videos in perpetuity) which allows them to delete your video from their servers. The private agreement with UMG just commits them to doing so at UMG's request, rather than leaving it to their own discretion.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    4. Re:So There's The "Public" YT TOS... by s73v3r · · Score: 0

      I never agreed to let UMG have any say whatsoever on taking down my video.

    5. Re:So There's The "Public" YT TOS... by BlueStrat · · Score: 1

      No. The Terms of Service that apply to you are entirely public. There is a separate, private, secret agreement they have with UMG that basically allows them carte blanche to delete your video, though (or at least, that's what's alleged and supported by their filing).

      Well, if that secret agreement results in MY video being deleted/removed, it most certainly DOES apply to me!

      If you don't believe this, fine. Anyone want to make an agreement with me that all of TheSpoom's wealth and assets are to be forfeited to us if he makes another /. post? Apparently he's OK with such an agreement.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    6. Re:So There's The "Public" YT TOS... by Anonymous Coward · · Score: 1

      Wrong.

      Right from Youtube's TOS:

      "YouTube reserves the right to remove Content without prior notice."

      AKA They can delete your shit whenever they feel like it. No explanation needed. Their reasons for deleting your content (various agreements with other corporations) has nothing to do with their agreement with you.

      captcha = meddled

    7. Re:So There's The "Public" YT TOS... by Hentes · · Score: 1

      And the ToS states that Youtube is not liable if it "fails to display" your videos.

    8. Re:So There's The "Public" YT TOS... by BlueStrat · · Score: 1

      "YouTube reserves the right to remove Content without prior notice."

      AKA They can delete your shit whenever they feel like it. No explanation needed. Their reasons for deleting your content (various agreements with other corporations) has nothing to do with their agreement with you.

      Having never uploaded anything to YT, I wasn't aware of this portion of their TOS.

      Now that I *am* aware of it, I'll be certain to never upload anything to YT in the future, and will encourage others to do the same.

      Seems to me there's a business opportunity for someone willing to set up a video hosting service in a country that thumbs it's nose at US/EU laws and takedown demands from large media corporations.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    9. Re:So There's The "Public" YT TOS... by TheSpoom · · Score: 1

      Well sure. It's just one of those things I assume that if a website is doing something for me for free, they have the right to stop doing that thing whenever they want. Are there really people who don't think that?

      --
      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
    10. Re:So There's The "Public" YT TOS... by TheSpoom · · Score: 1

      Reductio ad absurdum, anyone?

      YouTube is under no obligation to host your video. Their separate agreement with UMC theoretically forces them to delete it at UMC's discretion.

      --
      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
    11. Re:So There's The "Public" YT TOS... by Anguirel · · Score: 2

      "4. J. YouTube reserves the right to discontinue any aspect of the Service at any time."

      It's already there. They chose to discontinue their hosting of a video at that time, at the behest of UMG. Anyone using YouTube has agreed to allow Google to do that. The "secret" agreement is the reason they removed it, but the Public TOS spells out that you have assigned them the right to do so. If TheSpoom had agreed with you that you could reassign his wealth and assets at any time, and then you made an agreement with a second party to grant them access to TheSpoom's assets, you could reassign it from TheSpoom without necessarily disclosing that you made a second agreement about it. I'm not seeing the problem here in terms of why you need to see every agreement Google has ever made -- the only one that matters is the one you made that gives Google the right to do whatever the hell they want to and with your content (see also: Section 6, Sub-Section C).

      --
      ~Anguirel (lit. Living Star-Iron)
      QA: The art of telling someone that their baby is ugly without getting punched.
    12. Re:So There's The "Public" YT TOS... by Toonol · · Score: 1

      ...if a website is doing something for me for free, they have the right to stop doing that thing whenever they want. Are there really people who don't think that?

      Yes, and apparently they've returned to posting on slashdot now that the police have shut down most occupy rallies.

    13. Re:So There's The "Public" YT TOS... by Toonol · · Score: 1

      You think you can find a free hosting service where the hosting party commits to never deleting your files? It's their server, and it's free. Of COURSE they can delete it. They don't even need to say so in the EULA... that's more a courtesy and a CYA move.

    14. Re:So There's The "Public" YT TOS... by Anonymous Coward · · Score: 0

      Hardly anyone reads the TOS. Regardless, most TOS agreements have broad, one-sided wording that allows the site to do almost anything they want with the content you submit, or at least reserve the right to take down anything for any reason.

  17. So, what's new? by Spiked_Three · · Score: 1

    Every friggin thing I do, is controled/guided by someone else momentary agreements. I can't run a piece of software, including GPL stuff, I can't use my visa/MC to pay for anything unless I agree to their terms of use. I can't even play XBOX without giving up the right to sue microsoft. and let's not forget what happens when you don't read apple's newest 43 page terms of service (human centipede). If you added up the legal costs it would take to honestly thoroughly review living, it would cost $1,000,000 just to get by. This is capitalism - it's one of the bad parts about it. Things get out of control as science hones in on maximizing profits.
    SO I do what everyone else does. I ignore it and hope it never gets me in trouble - there is NO other choice (in america anyhow). Any other thinking is plain la-la land.
    I post videos on UTube. if they take them down, oh well. if they sell them for $5,000,000, oh well.
    seperate but related - SOPA - this is one are where I actually agree with the republicans in principal - let the market work it out, do not grow government to protect the rich. let the whiney ass BMGs figure it out for themselves.

    --
    slashdot troll = you make a compelling argument I do not like the implications of.
    1. Re:So, what's new? by BlueStrat · · Score: 1

      This is capitalism - it's one of the bad parts about it.

      No, this isn't the fault of capitalism.This is the result of a screwed up legal system if the courts don't slap down such a secret agreement about a third party's content when such third party has no chance for an informed decision, i.e. to be informed of such terms and conditions before they agree or disagree prior to uploading content.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    2. Re:So, what's new? by Anonymous Coward · · Score: 0

      You have a choice, stop using credit cards, stop buying xbox games, stop participating in their crap and... if enough people take that attitude watch how fast they change their ways.
      Until then they make money and "we the people" are to apathetic to come together and fight it.

    3. Re:So, what's new? by Nethemas+the+Great · · Score: 2

      Pure capitalism has neither government oversight nor regulation. No nation has implemented such a thing and for good reason. Business acts absent ethics. The only way to elicit an alternative behavior is to regulate it in such a way as to make following desired behavior more profitable.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    4. Re:So, what's new? by s73v3r · · Score: 1

      No, this isn't the fault of capitalism.

      Yes, it is. It's the fault of capitalism, and the "free markets!" idea that anything a company does is a-ok, as long as it increases profit.

    5. Re:So, what's new? by geekoid · · Score: 2

      What you describe is libertarianism, and Randism.

      capitalism can be implemented different ways.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:So, what's new? by Anonymous Coward · · Score: 0

      What you describe is libertarianism, and Randism.

      What he describes is neither, and furthermore the two are not the same. Rand herself disliked libertarianism greatly.

  18. "Do No Evil"? by Tastecicles · · Score: 2

    I think Google needs to rethink either its corporate behaviour or its motto, because the two do not happily coexist.

    --
    Operation Guillotine is in effect.
    1. Re:"Do No Evil"? by GrBear · · Score: 2

      I think Google needs to rethink either its corporate behaviour or its motto, because the two do not happily coexist.

      Depends on who you believe their audience is. If you believe it to be you, then yes. However Google is in business to make money, which means you are the product that Google is selling to corporations (in form of advertisements and tracking history).

      When you consider the true audience, the motto makes more sense. Google doesn't want to upset the corporations feeding their bank account. They don't give a shit about you're feelings.

  19. Tortious interference by ZombieBraintrust · · Score: 4, Interesting
    If they don't have a copyright claim wouldn't this be Tortious interference? From Wikipedia

    "Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage."

    1. Re:Tortious interference by robot256 · · Score: 1

      So basically, UMG is dictating to Google what videos it is allowed to host, and in doing so dictates the nature of Google's relationship with the posters. If by "business relationship" you can mean the hosting of a single video, or if UMG's non-DMCA takedown requests can also trigger account sanctions, then I think that is a pretty clear case of interference. The gray area, though is that Google agreed in advance to the terms under which UMG can select who to blacklist, so unless the signing of the agreement can be shown to be involuntary on Google's part I'm not sure if that counts. Basically, it looks like if UMG asks nicely, Google will terminate relations with anyone, but you can't prove they wouldn't have anyways. We cannot know exactly how this stacks up without seeing the text of their agreement.

    2. Re:Tortious interference by Bob9113 · · Score: 3

      If they don't have a copyright claim wouldn't this be Tortious interference?

      This is one of the more subtle and devious aspects of SOPA. It removes liability from ISPs for doing whatever the RIAA tells them to do. Not sure if it affects tortious interference, but it does affect restraint of trade. Restraint of trade says that Mastercard can't just refuse to process transactions at, say, K-Mart, without cause. That keeps Mastercard from being in Wal Mart's pocket.

      SOPA says it is OK for the people who transport media to be in the pocket of a subset of the people who produce media.

    3. Re:Tortious interference by jeremyp · · Score: 1

      I have a couple of videos on YouTube. Google let me put them up there for free. What's my business relationship with Google?

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    4. Re:Tortious interference by ZombieBraintrust · · Score: 1

      Google is a business. All your relationships with Google are business relationships. When you posted your videos you agreed to a EULA. EULA stands for End User License Agreement. An agreement by nature creates a relationship. The price you paid may affect damages if you won a lawsuit.

  20. Yes? by Rydia · · Score: 4, Insightful

    I'm astounded that people are, uh, astounded by this possibility. Do you seriously think posting things on YouTube is a right? The site is a service provided by a corporation and is almost certainly awash with "secret" agreements, just because of the subject matter of the site and how popular it is. I use sarcasm quotes for secret because Google has no obligation to disclose its contractual relationships with third parties because you, the user, aren't party to them.

    Don't get me wrong, this is a pretty skeezy agreement, but let's not fool ourselves into thinking that YouTube is different from any other business asset. Its operation is governed by a load of inter-party contracts, it is controlled with no external oversight, and it exists to make money. The only difference is that we are now both the resource and the consumer, and I don't think people have quite internalized the logical conclusion of that relationship. Google doesn't owe you anything or exist to safeguard some specious rights. Everything between you and them is business, nothing more and nothing less.

    1. Re:Yes? by thestudio_bob · · Score: 1

      Don't get me wrong, this is a pretty skeezy agreement,

      Agree, but the thing is Google also has an "agreement" with their users. If the terms of use doesn't mention that they allow this, then Google is breaking their own agreement.

      This is definitely bad PR for Google.

      --
      The real Sig captains the Northwestern. This one captains /.
    2. Re:Yes? by Anonymous Coward · · Score: 1

      Exactly. YouTube is a private website. They have the right to allow and disallow whatever the hell they like on it. They have the right to delete whatever they want from it. They're under no obligation to host your video. They're under no obligation to bear the brunt of legal claims because users put copyrighted material onto their site without permission. It's their site; why on Earth shouldn't they make whatever changes they see fit to make it suit what they want?

      Each and every one of you has exactly the same rights over your own websites. You'd be screaming blue murder if the law took away your ability to remove content from your website if you didn't want it. So why would you expect YouTube/Google not to have that same right?

      It's been very nice that they've allowed people to host whatever videos users choose on their site, using their resources. But they're under no obligation to carry on doing it.

    3. Re:Yes? by Anonymous Coward · · Score: 1

      If the terms of use doesn't mention that they allow this, then Google is breaking their own agreement.

      They don't have to mention this specifically, as they already say "we can delete whatever we want for whatever reason we want".

    4. Re:Yes? by Anonymous Coward · · Score: 0

      YouTube isn't a right. So, would you argue that this deal means that UMG can takedown Democratic/Republican propaganda for any reason even if it doesn't step on their copyrights?

    5. Re:Yes? by Anonymous Coward · · Score: 0

      YouTube can take down whatever it wants - Republican propoganda, Democratic propoganda or videos of cats. And they can do it for whatever reason they choose. IT'S THEIR OWN WEBSITE. THEY OWN IT.

      You're allowed to remove things you don't want from your own website. They're allowed to do the same with theirs.

    6. Re:Yes? by peppepz · · Score: 1
      These are the same justification for Sony removing the OtherOS option from the PS3. They're a private company, it's legal, they were forced to do it, they have no obligation not to do it, you have alternatives etc.

      The point is not that they CANNOT do it, the point is that they SHOULD NOT, and if they choose to behave that way, then they'll have to withstand people complaining and getting pissed. With great power comes great responsibility.

      That said, we'll have to hear Google's version before we can judge.

    7. Re:Yes? by Anonymous Coward · · Score: 0

      So google has the right to remove anything they want but we don't have the right to complain about how they act? The right to free speech doesn't exist in your eyes?

      Do you even understand such a basic concept as a boycott and why it works in a capitalistic society? Or why a corporation doing things for money doesn't mean they can do anything they want since their actions have long term consequences as well (like customers doing to competitors)?

    8. Re:Yes? by Anonymous Coward · · Score: 1

      Save the waffle and stick to the point. UMG told Google to censor something they didn't like. This has nothing to do with copyright infringement. People like you need to stop deflecting from the issue at hand. By prattling on about what Google does and doesn't owe their users, you create something utterly different from a large corporation censoring something they don't like. That alone should scare the shit out of you. But it obviously doesn't, so where are you in the payroll?

    9. Re:Yes? by Anonymous Coward · · Score: 0

      Isn't that a violation of equal time election laws?

    10. Re:Yes? by s73v3r · · Score: 1

      Fuck off with your, "Do you think posting things on YouTube is a right?" bullshit. I don't give a fuck if it is a "private service", there are certain obligations that they have put forth when they offered the service, and this was not one of them. By engaging in this bullshit, they have broken their obligations to the public, and should be punished for it.

      I use sarcasm quotes for secret because Google has no obligation to disclose its contractual relationships with third parties because you, the user, aren't party to them.

      They do when it affects my business relationship with them. The fact that they never disclosed that UMG had the final say in whether my video went up means that they lied to the public. That requires punishment.

    11. Re:Yes? by misexistentialist · · Score: 1

      In a business relationship wouldn't this sort of agreement have to be disclosed? The people working full-time creating content for youtube would probably be interested in UMG's editorial practices.

    12. Re:Yes? by AtomicJake · · Score: 1

      Absolutely right: If you don't pay, you are not the customer, but the product. And you do not have any rights; you actually wave them when uploading any content.

      BTW: Today you can easily host the content on your own Web site - it's very easy.

    13. Re:Yes? by Anonymous Coward · · Score: 0

      Isn't that a violation of equal time election laws?

      I don't know exactly what the laws in the US are in that regard. But I'd be very surprised if they force privately owned websites to give equal airing to Republican and Democratic propoganda.

      Wouldn't that force the Republicans' privately owned website to give equal airing to Democratic propoganda?

    14. Re:Yes? by Anonymous Coward · · Score: 0

      "we", not "UMG". A court claim may be difficult, but if they gave UMG completely free hand they might indeed violate the TOS since the explicit usage of "we" instead of e.g. passive voice could be interpreted as a commitment to not let a third party do such.
      Though the chances are better on tortious interference or anti trust rules, such as UMG is acting to hinder a third party (and in some ways competitor) in its business dealings with Google.

    15. Re:Yes? by Toonol · · Score: 1

      So, would you argue that this deal means that UMG can takedown Democratic/Republican propaganda for any reason even if it doesn't step on their copyrights?

      Yep. Not just yep, that seems an obvious yep.

      If you have a post promoting a particular political candidate on your website, is it legal for me to ask you to take it down? Is it legal for you to agree to? Of course it is.

      It may not be wise or smart, but it's a matter of freedom. You have the freedom of speech, which means you're not forced to put out any message you don't want to. You also are allowed to not have your property used to put out any message you don't want to.

    16. Re:Yes? by Toonol · · Score: 3, Insightful

      So google has the right to remove anything they want but we don't have the right to complain about how they act? The right to free speech doesn't exist in your eyes?

      Of course we should complain. But we shouldn't argue that they don't have the right to do so, and a lot of people in this thread don't understand that. We should argue that they shouldn't remove posts, not that they can't. We should argue the truth, not a wish.

    17. Re:Yes? by Toonol · · Score: 1

      I don't give a fuck if it is a "private service", there are certain obligations that they have put forth when they offered the service, and this was not one of them.

      Do you think Slashdot shouldn't have the right to delete your posts? Do you think you shouldn't have the right to delete stuff off your own website? Think through your position, man. It's incoherent.

    18. Re:Yes? by s73v3r · · Score: 2

      No, I don't think Slashdot should have the right to delete my posts, unless it has been found that I am endangering the public with them.

      Do you think you shouldn't have the right to delete stuff off your own website?

      Huge difference: My website was not set up as a public forum for people to post their content. YouTube was.

      Think through your position, man. It's incoherent.

      No, it's very coherent. It's the position that "private property trumps all" and "whatever a company wants to do is a-ok" that is incoherent.

      Suppose UMG disliked the Arab Spring for whatever reason. Should they still be able to disappear any of their videos off YouTube?

    19. Re:Yes? by Anonymous Coward · · Score: 0

      Where I come from, a company offering a public service (i.e. a service available to almost everyone) can't deny service to anyone without a valid reason. "We reserve the right to remove any video we want" is not valid nor is "We're a private business we do what we want" (you're not a private business if you offer automatically serve anybody who comes to you). I realize the law is different in the USA (it doesn't make corporations have responsibilities towards society as much as the laws of other countries) but in my opinion the US law needs to be improved in favor of customers and people in general. Doing business through society isn't a fundamental right - you're dealing with other people after all, so your rights are limited by the rights of these other people - and individual persons should have priority over companies, businesses and corporations (we still value human beings more than animals, objects and companies, right?).

      Not sure if the US has laws against "Refusal to serve" but most of Europe has. Basically this makes it illegal to refuse service to somebody without a good reason. If you're closing your business for the day as a customer walks in, if the customer is causing trouble or if he's involving your service/business in illegal activity (i.e. stealing from you or using your business to facilitate crimes he's committing) then you can refuse to serve them. You can also enact rules that allow you to refuse service under SPECIFIC circumstances (the rules have to specifically state what those circumstances are and must be written and available to customers), so for instance a restaurant can deny service to men walking around bare-chest, provided there's a rule that is specific about their dress code (the rule must state either what clothing is mandatory (e.g. "pants required") or what apparel is forbidden (e.g. swimsuits forbidden)).

      But you can't refuse to serve somebody if your decision can be perceived as discriminatory. For instance, you can't ban a man with no shirt from your store unless you have a written rule against this (or unless it's illegal to walk around without a shirt), otherwise you could be making rules up on the spot in order to ban the customer because you don't like his face, his political affiliations, his ethnicity, etc.
      You also are limited on the rules that ban specific things: you can't make a rule that bans disabled people or ugly people. You also can't ban people for their political opinions, for being pregnant at 16, their sexual orientation, or whatever else.
      If you deny service without good cause, you can get a fine.

      Of course these laws aren't always specific, often the law says you can't deny service to anyone based on their personal and private opinions or life decisions. Sometimes a judge has to decide whether something is personal enough that a business can't deny service for it. But the general idea is that businesses have to respect people's rights just like the government does, because a business is a public entity/place (unlike your home where you are free to forbid access to anyone you wish for any reason).

    20. Re:Yes? by Anonymous Coward · · Score: 0

      Youtube is not a "private" website in the real sense. Youtube is owned by a company, not a person, and it offers services publicly. It should not be considered private by any means.

      Would it be ok for my local supermarket to ban me because they think I look ugly? Maybe because they don't like my political opinions? The government doesn't own the store so they're private, right? Therefore they can even ban me without an explanation at all.

      The law might be on your side on this one but it doesn't mean it's right. If you don't want to treat people equally and you don't want to respect their rights, then don't do business. Stay on your own, grow your food in your yard and exchange some of it with people you know when you feel like it.

    21. Re:Yes? by Ash-Fox · · Score: 1

      Where I come from, a company offering a public service (i.e. a service available to almost everyone) can't deny service to anyone without a valid reason.

      I love how these random people come out, talking about how this stuff doesn't happen in their country, but then conveniently forget to even mention which country they're from.

      Some of the countries I will reference being the case below will be related to places I've lived in Europe, primarily... UK, Germany and Poland.

      "We reserve the right to remove any video we want" is not valid nor is "We're a private business we do what we want" (you're not a private business if you offer automatically serve anybody who comes to you).

      Well, you just defeated your own argument, they don't automatically serve anybody, they automatically block certain people and things too. So they are a private business by your definition.

      and individual persons should have priority over companies, businesses and corporations

      Depends, what is valuable for the company is valuable for every individual in the company, as a collective, isn't that worth more than a single individual?

      Not sure if the US has laws against "Refusal to serve" but most of Europe has.

      As an European, I'm aware of various laws that counter discrimination of various sorts, but that is not the case here. There is nothing I am aware of on preventing a company on terminating your access for what they believed to be a violation of their terms, especially in copyright uses, as in this case. Now, they may have misunderstood the situation and made a mistake, in those circumstances, I don't believe there is even any European laws as to making it easy for people to correct such "mistakes" where service contracts/terms are concerned (which we could probably do it when dealing with some larger corporations, as talking to the right person can be pretty hard). So, I honestly, as an European, have no idea what you are talking about that would apply to this case.

      his political affiliations

      Actually, you can, exclusive political clubs exist all over Europe.

      You also are limited on the rules that ban specific things: you can't make a rule that bans disabled people or ugly people.

      Some dance clubs do this frequently in Europe. Of course, they don't say it to your face, but they'll usually express concern on your "safety", determine you to be a "trouble maker" or someone who is not going to be a "good customer". Then refuse you access.

      You also can't ban people for their political opinions

      You can ban people who are likely going to cause a conflict. If the base of that conflict is a political opinion, it doesn't matter. They can ban whatever speech you wish to use in their establishment too, this includes political, derogatory and even Shakespear.

      If you deny service without good cause, you can get a fine.

      At the end of the day, people can justify getting rid of you with a "valid" reason, even if that's not the true reason. You'll find it very hard to fight in a court of law without real 'evidence'.

      Please stop misrepresenting the situation in Europe with the laws, they are not working as intended. Additionally, even if it was working as intended, it still wouldn't apply to this case.

      --
      Change is certain; progress is not obligatory.
  21. No anonymous competitors? by hawguy · · Score: 1

    I'm surprised that there are no anonymous competitors by now. Sort of a bittorrent model where videos are spread across many hosts, and are encrypted such that the hosting computer doesn't even know what it's hosting.

  22. Google is quite Trusting by Anonymous Coward · · Score: 0

    I'm amazed that Google is so trusting of UMG. Now they could basically shutdown YouTube entirely if they so desired.

  23. Google Music by Severus+Snape · · Score: 1

    Google needs to keep the labels sweet. Their Google Music product (which is in a US only beta stage for those who aren't familiar with it) needs deals with them to succeed and at the moment I don't think everything is sorted. It's a major product for them and they can't afford another big product to fail. It's fair enough to assume Google will grant them favours, in this case control over content on Youtube to get deals sorted.

  24. Best Part of TFA by TheSpoom · · Score: 5, Funny

    But more importantly, Universal argues that its takedown is not governed by the DMCA in the first place. In a statement supporting Megaupload's complaint, CIO Kim Dotcom had stated "it is my understanding" that Universal had invoked the DMCA's notice-and-takedown provisions.

    That is the best name for a CIO ever.

    --
    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
    1. Re:Best Part of TFA by Anonymous Coward · · Score: 1

      Kim Schmitz (born January 21, 1974), also known as Kimble[1] and Kim Dotcom,[2] is a German computer criminal and businessman who has generated much publicity and was convicted of credit card fraud, computer fraud, insider trading, and embezzlement. Schmitz is also one of the leaders of the website Megaupload

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

    2. Re:Best Part of TFA by Anonymous Coward · · Score: 2, Informative

      Don't get too excited. His real name is Kim Schmitz.

    3. Re:Best Part of TFA by Anonymous Coward · · Score: 0

      Are you stupid enough to believe it's not a fabricated fantasy name? Because it is. Moron.

    4. Re:Best Part of TFA by jackbird · · Score: 1

      doesn't top this guy.

    5. Re:Best Part of TFA by Anonymous Coward · · Score: 0

      He changed his name, the guy is actually quite a sleasy prick...

      From the wikipedia article "Kim Schmitz (dotcom) is a German computer criminal and businessman who has generated much publicity and was convicted of credit card fraud, computer fraud, insider trading, and embezzlement"

      Now his latest scam is megaupload. Not that I particularly like what UMG and Google have done, but I don't excuse MegaUpload either.

      (The guy is profiting heavily from aiding people in piracy)

    6. Re:Best Part of TFA by dbIII · · Score: 1

      That sucks - software and copyright piracy is meant to be free. What's the point otherwise?

  25. What about Vimeo? by Anonymous Coward · · Score: 2, Informative

    Megaupload's song was removed from Vimeo as well as Youtube. Does that mean that Vimeo has a similar agreement in place, or was that one an actual DMCA takedown?

  26. Lol by Anonymous Coward · · Score: 0

    All ur free speech r belong to us.

    *video complaining about this very news item*

    *UMG removes it for "copyright reasons"*

  27. Antitrust Grounds. by MickLinux · · Score: 4, Insightful

    Just theoretically ... not knowing what I'm talking about, I might guess that MegaUpload probably has a basis for claiming that they are competition. Such a secret agreement, if it existed, would be in violation of antitrust laws.

    It wouldn't give you anything against Google, probably, but it definitely would give you something against the media overlords.

    The thing to do, actually, would be to search out all *others* who had similar problems, if they existed, and file a joint lawsuit. No, not class action -- only the lawyers benefit from that. Just a joint lawsuit.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    1. Re:Antitrust Grounds. by LordLimecat · · Score: 1

      Such a secret agreement, if it existed, would be in violation of antitrust laws.

      Somehow a video streaming site is violating anti trust by working with a media producer, and this is in competition with a bulk upload/download site?

      Thats one heck of a reach.

  28. You get what you pay for. by rickb928 · · Score: 3, Insightful

    And I've never paid for any YouTube. At least not to see anything.

    So better than complaining that free stuff has secrets, we'll complain that the secrets deny us free stuff?

    If you want free speech, don't look to corporations to provide it. Eventually, this will come to the point where you'll pick up your truly free speech from a peer-to-peer connection, like a WiFi hotspot somewhere you happen to 'know about', then from phone to phone, or in the cafe. At least until they figure out how to block those outlets.

    We are in the fight of our lives, to ensure we can preserve our freedom of speech, assembly, and redress. There is no assurance that we will prevail, either. It's a lot easier to suppress speech when it is under the guise of protecting other rights, despite those being largely the rights of corporations - as if they should have any. But that's another fight. Sort of.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
    1. Re:You get what you pay for. by s73v3r · · Score: 1

      Fuck you. Just because something is free does NOT mean that it should be immune from criticism.

    2. Re:You get what you pay for. by rickb928 · · Score: 1

      Back at ya. My 'criticism' is a caution - beware of 'free' services. You have little power to compel them to be nice to you.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    3. Re:You get what you pay for. by thestudio_bob · · Score: 1

      And I've never paid for any YouTube. At least not to see anything.

      Really? You've never seen an ad on YouTube? You've never posted a video and Google paid you some money for ads? That is not "free"

      --
      The real Sig captains the Northwestern. This one captains /.
    4. Re:You get what you pay for. by AtomicJake · · Score: 3, Insightful

      You can criticize free (as in beer) stuff, but if you want free (as in freedom) stuff, you should create/build/host it on your own or under the umbrella of free licenses (e.g. GPL, creative commons, etc.).

      You can't have it built and run by any profit-oriented corporation and then expect that you can use it freely (as in freedom).

      Those are the rules and they are known since centuries. No exception.

    5. Re:You get what you pay for. by Toonol · · Score: 1

      Criticize away. Just don't pretend they aren't fully within their rights, and don't claim they're doing anything illegal or disallowed.

      If you call them out for making a terrible and shortsighted deal, I'll agree with you. If you say they aren't allowed to do what they did, I'll point out that they are allowed. If you argue that they shouldn't be allowed to do it, I'll give you my reason why it's a bad idea to control speech like that. Forced speech is as bad as censorship.

    6. Re:You get what you pay for. by s73v3r · · Score: 1

      Just don't pretend they aren't fully within their rights

      Quite frankly, I don't believe they are. But then, I don't hold "private enterprise rights" on the pillar you do, and think they are the be all end all of rights.

      Forced speech is as bad as censorship.

      No it's not. It's not even close. Furthermore, Google wouldn't have given two shits about the video if it wasn't for UMG in the first place.

    7. Re:You get what you pay for. by bws111 · · Score: 1

      "Private enterprise rights" are exactly the same as "individual rights". Too bad you do not hold them on a pillar, they are the cornerstone of the country.

    8. Re:You get what you pay for. by Anonymous Coward · · Score: 0

      I have paid with my time watching their ads. I have paid with my behavior, such as using search suggestions, clicking links and moving the cursor over things. I have paid by enclosing my IP, webbrowser, referers and cookies with each request to their site.

      Google, in turn, has taken my payment and transformed it into money, status, and so on. Therefore, the fact that I don't give them money directly is irrelevant.

      While it is the correlation that makes the payment valuable, I do contribute to it, which means that although my contribution is small it is still significant.

    9. Re:You get what you pay for. by Ash-Fox · · Score: 1

      Note: I am not the grandparent

      You've never posted a video and Google paid you some money for ads?

      I have videos on Youtube and there are no ads on my videos, nor am I get paid for any ads on the videos (maybe because the former isn't happening?).

      --
      Change is certain; progress is not obligatory.
    10. Re:You get what you pay for. by s73v3r · · Score: 1

      BZZZZZT! Wrong. Sorry, the two are nowhere near the same.

  29. Still brought to you by the DMCA by erroneus · · Score: 1

    While this technically has no direct involvement of the DMCA process, it was born of the interest of keeping in compliance with the DMCA and its processes.

    This rather reminds me of Sony's request for an exemption to hack into people's computers to search for copyrighted material.

    I think at this stage, Google needs to hear from its users (the eyeballs they get paid for having access to) and for them to demand that this practice stop as it demonstrably puts anti-competitive power in the hands of exclusive parties.

  30. Alternatives to YouTube by Animats · · Score: 1

    I put my stuff on blip.tv, rather than YouTube, and have since Google acquired YouTube. But it really is my stuff. If you're creating interesting original content, blip.tv is a good place to put it.

  31. HTML5 and Flowplayer by tepples · · Score: 1

    It's not free, but web hosting is a lot cheaper than it was in the mid-2000s when YouTube appeared. You could always put .webm and .mp4 videos on your own site on your own domain and use HTML5 <video> and Flowplayer (SWF wrapper around MP4) to show them.

  32. So much for Do No Evil by harl · · Score: 1

    So much for "You can make money without doing evil"

    Google. We're just like every other faceless corporation. Except you gave us all your private info. Thanks!

    --
    I find being offended by me offensive.
  33. Restraint of Trade, and/or Libel by billstewart · · Score: 4, Interesting

    Megaupload is a business, and this video is basically an ad for them. UMG is claiming that they've got an agreement that lets them shut down content they don't like, and they're using it to shut down ads for their semi-competition, similar to paying a newspaper or TV station not to carry ads for competitors. IANAL, and I don't know how strong a lawsuit that gives them, but it should at least be enough to subpoena the shutdown requests and the alleged agreement between UMG and YouTube. If the shutdown requests allege violation of copyright, then they're also on the hook for libel.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  34. Great, now what's the DMCA for? by Anonymous Coward · · Score: 0

    Apparently the market has figured out how to handle its own business without the interference of the government. So now we can repeal the DMCA, right? .... right?

  35. Do no evil... by scorp1us · · Score: 1

    Just outsource it to someone else...

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
  36. Google slowly shots itself in the foot. by Stumbles · · Score: 1

    Boneheads.

    --
    My karma is not a Chameleon.
  37. Video has been restored!!! by Anonymous Coward · · Score: 2, Informative

    According to this article on TorrentFreak: http://torrentfreak.com/megaupload-video-reinstated-universal-says-you-cant-touch-us-111216/
    The video is back. Google gave UMG an ultimatum: Show us a reason it should be pulled, or it's going back up. UMG didn't respond.

    1. Re:Video has been restored!!! by Mr.+Shotgun · · Score: 1

      Yeah, video is back on you tube : link here. Song wasn't that great, but I watched the whole thing anyway. It seemed like a 4minute 13 second commercial with the same endless looping of their ditty, interspersed with spoken comments from the music stars.

      Honestly I don't see how this could be considered copyright infringement or a contract violation, unless they are claiming they wrote the song or start suing will.i.am and p.diddy for their other commercial endorsements. I wonder if maybe megaupload could sue UMG for restraint of trade since they did remove this commercial using false claims and abused their agreement with a third party to remove it? IANAL but I figured pump up the views on it in case they can and do decide to go that route.

      --
      Of all tyrannies, a tyranny sincerely exercised for the (supposed) good of its victims may be the most oppressive
  38. Yet another reason to ignore Google by thetoadwarrior · · Score: 2

    Google seem to be trying their best to the biggest douches on the net. I think I can safely say I won't be buying another Android phone again and I'm going to start migrating off of Gmail. I've already started using DuckDuckGo for all my searching.

  39. Suspected all along by uigrad_2000 · · Score: 1

    I had suspected this from the beginning.

    I really couldn't understand why Megaupload ever went to court over this. Youtube has the right to take down anything that they choose. They are a private corporation.

    It seems naïve to think that they wouldn't make deals with big players for exclusive takedown rights. There would be big money in such a contract.

    Megaupload would just be best served to just use this publicity as a platform. Give a link to the video on a different site, and hopefully it will hurt youtube's popularity also.

    --
    Free unix account: freeshell.org
  40. 2 more things to consider by X.25 · · Score: 2

    1) Message claimed that video was blocked on "copyright grounds". Not on grounds of deal with Youtube.

    2) Does UMG have the same deal with Vimeo?

  41. Go elsewhere... by Anonymous Coward · · Score: 0

    There's quite a few alternatives (Vimeo?) that exist out there. Don't think that Google and YouTube are irreplaceable. Vote with your feet.

    1. Re:Go elsewhere... by compro01 · · Score: 1

      Vimeo is no better as they also took down said video

      --
      upon the advice of my lawyer, i have no sig at this time
  42. Big Content vs. Big Content by jtara · · Score: 2

    Waiting for the first Big Content vs. Big Content YouTube war!

    That is, when one Big Content company that has this agreement with YouTube declares war on another Big Content company that has the same agreement with YouTube, and they take down all of each other's content.

    Wait a minute.... wouldn't we wind-up with YouTube as originally envisioned?

    The only way to win this game is to not play at all...

  43. UMG Judge Dredd by Quila · · Score: 1, Funny

    "I am the law!"

  44. It's not trumping the DMCA, it's parallel by billstewart · · Score: 4, Insightful

    This alleged agreement isn't in conflict with the DMCA. The DMCA says that if you own some copyrighted material, and service provider's customer puts up content that infringes it, and you allege that it's a copyright violation, the service provider has to take down the content to avoid having you sue them, and if the content provider counters that it's not a violation, the service provider can put the content back up without risk of you suing them, until you give them more paperwork to make them take it down again. (I think "more paperwork" is defined as some kind of copyright infringement lawsuit against the alleged infringer, but I haven't looked at it in a while.)

    UMG is alleging that their agreement with Google lets them demand that content to be taken down without there being a copyright violation. You can't do that, because you don't have that kind of agreement with Google and you don't have a law that lets you do it. It's not in conflict with the DMCA, though it may be in conflict with common sense or "not being evil", and UMG may be using it in ways that count as restraint of trade or are otherwise illegal or unethical, but that's not the DMCA's problem.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  45. Yay! More Google smearing! by walterbyrd · · Score: 1

    It's just not slashdot unless there are half a dozen google smearing articles everyday.

    Google has no obligation to host your pirated - or non-pirated - videos. As such, taking down a video to avoid a lawsuit is hardly "evil."

    1. Re:Yay! More Google smearing! by shutdown+-p+now · · Score: 2

      You're confusing legality and morality here.

    2. Re:Yay! More Google smearing! by misexistentialist · · Score: 2

      So if what you just posted was removed from Slashdot because of an agreement with Microsoft you wouldn't mind?

    3. Re:Yay! More Google smearing! by geekoid · · Score: 1

      but once they do host it, they do have certain responsibilities.

      also, the 'evil' part is allowing other corporation to dictate what gets pulled with no recourse for the user.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Yay! More Google smearing! by forkfail · · Score: 1

      Perhaps. However, the underlying thesis here is that you don't own anything you create; the giant media corporations effectively own it as soon as you publish it.

      The power to destroy something is, in the end, the ultimate mark of ownership. And that's what's been claimed here.

      --
      Check your premises.
  46. Abuse of copyright by Anonymous Coward · · Score: 0

    Abuse of copyright.
    Tortious interference.
    Perjury.
    Theft of copyright (the video itself is a new work)

  47. Host your video - no free speech issue by walterbyrd · · Score: 0

    Google is not obligated to host your videos. If you think hosting pirated videos is "free speech" then get some web hosting and host your own. You can also pay for your own lawsuits.

    1. Re:Host your video - no free speech issue by king+neckbeard · · Score: 1

      The original video was not pirated. The news video complaining about it was not pirated. No copyright infringement has occurred. What has happened is that UMG is using an agreement with Google, likely a coercive one, to stop speech it doesn't like. I personally have problems with that,

      In response to your other comments about censorship, this is censorship. It's just not censorship by the government.

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:Host your video - no free speech issue by Anonymous Coward · · Score: 0

      > Google is not obligated to host your videos.

      No, but them letting UMG decide what is hosted may be.
      Also they said "copyright infringment claim by UMG".
      Since there is no copyright infringment and it is a public statement this may be slander - either by UMG (if they really made such a claim, particularly in context since it suggests they may have made such a false statement on purpose to hurt a "competitor") or by Google (if UMG never claimed infringment).

  48. Want to host my pirated content? by walterbyrd · · Score: 0, Troll

    So if you don't host my pirated content, then are you a douche?

    1. Re:Want to host my pirated content? by thetoadwarrior · · Score: 1

      The issue is that in at least one case it's clear cut that it wasn't pirated. UMG doesn't own Mega Song and while I don't care for song or MegaUpload which is effectively a pirate site, it's wrong to just let some big media site have free reign over which content they want to delete.

    2. Re:Want to host my pirated content? by geekoid · · Score: 1

      It wasn't pirated content.

      Allowing a 3rd party to dictate what should be removed in a secret agreement in contradiction you your in user agreements is being a douche. Of course, right now it looks like UMG is using a technical loophole in the agreement far outside its intent.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  49. Why? What's wrong with their "motto" by walterbyrd · · Score: 1

    Please be very specific.

  50. Re:No anonymous competitors? by tepples · · Score: 1

    Anyone can post a block of data to Freenet. It's the recommendation engine (people who like this will like that, people who put this on a playlist will like that, etc.) that I haven't figured out how to anonymize.

  51. All of the big labels have this access by Tekfactory · · Score: 5, Informative

    It took me a while to find this story

    http://yro.slashdot.org/story/11/09/13/1811250/Hotfile-Sues-Warner-Bros-Over-Abuse-of-Takedown-Tool

    The record labels were caught abusing the anti-piracy tools that Google gave them to police their own content.

    1. Re:All of the big labels have this access by Anonymous Coward · · Score: 0

      To police, not to abuse.

  52. UMG by Anonymous Coward · · Score: 5, Interesting

    I produced corporate videos. We properly licensed a piece of classical music for online use in a video from a major orchestra who specialise in tracks for companies such as ours.

    When the video was uploaded Youtube slapped adverts all over it due to a copyright claim from UMG.

    Our complaints and appeals to Youtube were ignored and in the end we ended up having to change the music. We even had assurances from the orchestra itself that UMG had no claim at all

    1. Re:UMG by davidwr · · Score: 1

      Ironically, the orchestra could've used their copyright interests to sue Google for putting the ads up without its permission.

      You probably had the right to make a similar suit, but it might've been one of those battles not worth fighting.

      However, the likely outcome would've been an immediate "oops, sorry, we'll take it down immediately" followed by a more-than-reasonable payoff to the orchestra and an offer to negotiate for ads, on the condition that 1) ads will run unless payment-in-leau-of-ads is made directly to UMG, and 2) UMG gets what it was already getting.

      Either way, you would still have to change the music.

      --
      Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    2. Re:UMG by Anonymous Coward · · Score: 0

      you should have put instructions on how to install adblock in the description then, if that's how youtube wants to play it

    3. Re:UMG by cerberusss · · Score: 1

      I find it a bit weird that you produce corporate videos but then upload it to YouTube. Can't you host your own content?

      --
      8 of 13 people found this answer helpful. Did you?
    4. Re:UMG by Anonymous Coward · · Score: 0

      you should have sued UMG

    5. Re:UMG by Ash-Fox · · Score: 1

      Ironically, the orchestra could've used their copyright interests to sue Google for putting the ads up without its permission.

      You clearly didn't read the terms of service for Youtube. You agree to allowing Google to do that in the instance they find something like this while additionally agreeing to not hold a mistake against them.

      --
      Change is certain; progress is not obligatory.
    6. Re:UMG by davidwr · · Score: 1

      The orchestra was not a party to the agreement between Google and the person who uploaded the videos. They are not bound by it.

      At best, if the uploader indemnified Google, Google could force him to pay Google for any damages the Orchestra gets from Google. But the orchestra would still be able to enforce any rights it had.

      --
      Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    7. Re:UMG by Ash-Fox · · Score: 1

      At best, if the uploader indemnified Google, Google could force him to pay Google for any damages the Orchestra gets from Google. But the orchestra would still be able to enforce any rights it had.

      You're acting on behalf of the Orchestra, you entered an agreement on behalf of them, which means they have ended up agreeing to said agreement. If you didn't, then you uploaded the video unauthorized and you are subject to being sued by both parties.

      --
      Change is certain; progress is not obligatory.
    8. Re:UMG by Anonymous Coward · · Score: 0

      If it was some sort of promotional video, then they might upload it to YouTube for additional exposure, that doesn't necessarily mean they don't host it themselves aswell.

  53. Don't be evil to your customers by Frankie70 · · Score: 4, Insightful

    The full motto is 'Don't be evil to your customers.'.

    UMG is their customer - Google isn't being evil to them - so where's the problem.

  54. I like to SMASH things! by Anonymous Coward · · Score: 5, Funny

    one of those asshole dump trucks that drives around dropping 2" pieces of rock out the back and has a sign affixed to it proclaiming "Not Responsible For Broken Windshields".

    I love those asshole dump trucks!
    Every time I see one, I throw a rock through their windshield.

  55. Your intellectual property has value, too. by HTH+NE1 · · Score: 1

    I wonder, given how long copyrights endure and the potential for profit during that period, what kind of damages one could sue out of UMG for unlawful destruction of automatically copyrighted intellectual property when the YouTube-hosted version was the sole copy?

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  56. Re:No anonymous competitors? by Lehk228 · · Score: 1

    Because most people don't want to be a part of a child porn network, and don't want to get hauled in to court for hosting child porn

    --
    Snowden and Manning are heroes.
  57. Mod parent up by walterbyrd · · Score: 1

    One of the few people here who has any sense.

  58. WTF!? by walterbyrd · · Score: 1

    Google is not obligated to host you pirated content for free.

    Pay for your own hosting, to host your pirated content, then you can pay for the lawsuits as well.

    1. Re:WTF!? by Tastecicles · · Score: 1

      I think you missed the point of TFS: UMG is pulling content it does not own. That isn't protection of copyright, that's downright censorship.

      --
      Operation Guillotine is in effect.
  59. Google is the Machine from the Matrix by Frankie70 · · Score: 2

    In the Matrix, machines depend on humans for energy - that's just a metaphor.

    Google's energy is content. Google keeps humans happy by providing them a lot of freebies. The whole purpose of the human race is to create content for google to index, serve etc.

    Welcome to the Matrix.

  60. New Google Motto by limbodog · · Score: 1

    "Don't be (caught being) evil"

  61. Who said you don't have a right to complain? by walterbyrd · · Score: 2

    IMO: complaining is one thing, posting mis-information is another.

    But, in any case, nobody has denied you the "right" to do either.

    Pay for your own website, and host your own content, if you don't like Google.

    Nobody is censoring you. Please stop lying.

  62. No it's not censoring. by walterbyrd · · Score: 1

    Google has no authority to censor anything. But google is not obligated to provide you free hosting for your content.

    Pay for your own website and hosting if you don't like Google's - perfectly legal - policies.

  63. Is YouTube still a "safe harbor" then? by hobb0001 · · Score: 2

    If YouTube has contract agreements that allow 3rd parties to actively monitor and approve posts, doesn't that invalidate its safe harbor status?

    1. Re:Is YouTube still a "safe harbor" then? by shentino · · Score: 1

      It might if said third party qualified as an agent of youtube.

  64. Wipe competitors off the web! by kawabago · · Score: 1

    This is a great tool for the media industry! Anyone who starts taking too much of their market will find there work removed from the web. Of course agreements like this are never abused so it is perfectly reasonable.

  65. isn't it time... by roc97007 · · Score: 1

    ...for a viable alternative to youtube?

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  66. Secret agreement by walterbyrd · · Score: 2

    According TFA it's a secret agreement. That does not mean that UMG can do anything it wants.

  67. And what did you think ? by unity100 · · Score: 1

    If you let private parties control any activity in life, to any percentage, they basically control YOU. And no - there wont be any 'competition' - because in a dog eat dog world, you end up with one big fat dog. Or, a few of them - who will form a pack.

  68. Enough is Enough by ThatsNotPudding · · Score: 1

    Why are we letting a small handful of corporate pigs destroy our very society in ways that Carnegie and Rockefeller couldn't even have even fantasized about? If everyone would put down the simplistic bullshit red - blue fighting (the very thing their news puppets promote), it would be very clear that is us (all the American people) versus around a hundred or so very rich people who believe their wealth and power is more imporant than the very concepts of an open and democratic society.

    GET THEM.

  69. It's back up. by Anonymous Coward · · Score: 0

    aytch tee tee pee colon slash slash www.youtube.com/watch?v=K9caPFPQUNs

    Move along, nothing to see here.

  70. YouTube is done, somebody shut off the lights by Myopic · · Score: 1

    YouTube's brand continues to be strong, which surprises me. Just in the last couple weeks I stopped watching YouTube vids because all of a sudden instead of showing me the video I clicked on, I was shown a commercial for some kind of car. Huh? I didn't click on a car commercial, I clicked on a cuteass cat video, or whatever. If I ask a website to show me something, and it shows me something else, then that website is broken. I do my best not to use broken websites, so I'm doing my best not to use YouTube.

    Today's article about an agreement with a fascist music company only makes things worse, but YouTube was already done before that.

    There are plenty of video streaming websites. I, too, like the rest of you, really liked how YouTube was easy to use, but some things spoil when they go past their expiration date, and YouTube has expired. It's time to move on.

    1. Re:YouTube is done, somebody shut off the lights by ChumpusRex2003 · · Score: 1

      You saw the car commercial because the uploader of the cute cat video requested that adverts be displayed before their video.

      Youtube does sell advertising - and normally does it via not-too-indiscreet overlays. They do have an option for pre-video commercials. However, this is NOT the default, the video uploader must explicitly request this type of ad. The exception is where the video uploader has used 3rd party copyright content (either by using it from the youtube material library, where mandatory ads are the price video producers pay for using it; or the youtube CMS has detected content that matches reference material supplied by a copyright holder, and where that copyright holder has requested advertising income for that material's reuse).
         

  71. They just need others to break the law by davidwr · · Score: 1

    This sounds like Big Content getting Google to commit the civil crimes of false advertisement, breaking contracts, and the like.

    Google advertises itself as a video-hosting service. In exchange for following their published rules, the public can upload content knowing that Google won't intentionally take it down without a good reason. This forms a contract of sorts.

    Big Content is either getting Google to break the contract, in which case they may be guilty of tortuous interference of a contract, or they are getting Google to make false advertisements, in which case they may also be breaking civil law.

    Disclaimer: I am not a lawyer.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  72. Google ammended motto: by fahrbot-bot · · Score: 2

    Google: Do no evil, unless contractually obligated, then it's okay.

    --
    It must have been something you assimilated. . . .
  73. The only line in the TOS that's not public by davidwr · · Score: 1

    "We reserve the right to remove any content at any time for any reason."

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  74. I'm not buying 100% in to this by Anonymous Coward · · Score: 0

    My guess is that this isn't as cut and dry as Arstechnica makes it out to be. Something tells me the cited provisions of the contract don't clearly state that UMG can takedown any video they like, even if they don't own it. Now, maybe it can be interpreted to allow that, but I doubt it is spelled out in clear language. I'm not saying that I trust Google, but just that it doesn't make sense they would agree to this.

    It is clear to me that Google cares a lot about its image and this is something that Google would not want to get out. However, if you agree to such a provision, you have to assume at some point that the other party is going to excercise it. If I'm Google, that means I have to assume that UMG will at some point takedown some video that they don't own. I have to also assume that somebody is probably not going to like that very much and make a big stink about it. Then people are going to wonder how UMG was able to do such a thing...and boom it comes out and Google looks like an asshole and their image takes a hit.

    Therefore, I have to assume that the language doesn't give UMG carte blanche with Google's CMS and likely contains some amount of restrictions.

  75. The right is to be treated fairly by davidwr · · Score: 1

    If Google had said ahead of time "We have agreements with content providers that require us to remove any content that they don't want us to host" then you are right, we wouldn't have a gripe.

    But they didn't. They presented themselves as willing to host anything that didn't violate their publicly stated terms and conditions (which include copyright-related conditions).

    When a person acts in good faith based on this, they have a right to be surprised and object when it turns out Google is NOT willing to abide by the public agreement.

    Google's legal problem is not so much that it allowed a third party to dictate its policy, but that it didn't say so in advance.

    Google's public relations problem is that its current practices appear to contradict its existing public image of a "non-evil" company.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  76. Why worry about what the government... by forkfail · · Score: 1

    ... when the power of the corporations far exceeds that of the government? When, in fact, the government has become the tool of the corporations, as opposed to the counterbalance that it is supposed to be.

    --
    Check your premises.
  77. Time for action? by Anonymous Coward · · Score: 0

    Many have suggested it's time to take action.

    Many have suggested people need to seize control over communications, by whatever means. Some have been heard saying threats on corporate executives would be reasonable, although I personally don't feel that way.

    Many people have suggested taking acton against the law makers since it is their job to prevent things like this from happening. I'm not sure what they meant by that.

    Some have mentioned that they have heard that gangs looking to rais their popularity amoung the people, would use their stolen vehicles to destroy the FEMA camps with the fences around them. After all, if the camps are not prisons then people should be able to come and go as they please.

  78. There is a simple solution for Google and others.. by Anonymous Coward · · Score: 1

    I am posting AC because I have mod points and have already modded in this thread and don't want to screw up those points, but I felt I must point out a simple solution that has been stated here on Slashdot before:

    The high-tech companies that are impacted by things like the DMCA and other "laws" make, as a group, around somewhere around 75 to 100 _TIMES_ what the combined revenue of Hollywood (both the MPAA and RIAA) companies make. After taxes. So the solution is simple: Google, Microsoft, Cisco, Yahoo, Facebook, and all of the other high-tech companies should either form a single entity to begin buying up the content producing companies OR they should each spin off a new division and then acquire one of the content producing companies.

    Once the entire RIAA and MPAA stable of companies is owned by one technology firm or another OR the "single entity" above owns a rather large portion of those companies, then all of those K Street boot-lickers can be put to good use -- getting the DMCA and other laws that negatively affect the United States technology companies (and those companies from other countries operating within our borders) R E P E A L E D. With that much technology resource(s) behind content producing, surely they can come up with a solution to meet both the customer's expectations and the content owner's need for revenue.

    Pipe dream, right? Wouldn't it be nice though?

  79. Re:There is a simple solution for Google and other by king+neckbeard · · Score: 1

    Yeah, but they'd probably bring antitrust action against them for upsetting the status quo, despite the status quo being far more deserving of such action.

    --
    This is my signature. There are many like it, but this one is mine.
  80. Google alternatves by future+assassin · · Score: 2

    Well this sucks, I already deleted all my Youtube channels and one was pretty big because they wanted me to connect my accounts and wanted my cell number, no thanks. So Youtube is out and Vimeo and Dailymotion is in BUT what the hell do I use instead of Google seach?

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  81. And what is really mindblowing... by X.25 · · Score: 4, Insightful

    ...is the fact US government probably can not remove a video from Youtube like this (and without generating huge shitstorm).

    But a corporation can.

    Welcome to the bright future.

  82. Stop the Hyperbole, Is Not Secret Agreement by Anonymous Coward · · Score: 1

    From what I read, UMG was simply saying that using YouTube's tools to remove a video doesn't constitute a take-down notice in the DMCA. So they are not subject to the liabilities of the DMCA.

    What they are subject to in this case is YouTube's terms, which will state that they can't knowingly make misrepresentations. So it will be up to YouTube to penalize them. So UMG hacked the system (using the correct definition of that word). Going forward YouTube can make it's content filtering tool generate an actual DMCA take-down requests, which will subject the person making the request to the legal consequences of that. That would probably be good.

  83. Sue on these Grounds by Anonymous Coward · · Score: 0

    If Megaupload cannot sue under the DMCA (although when the takedown walks like a DMCA duck and quacks like a DMCA duck...), they should be able to amend their suit to sue under Tortious Interference in a business relationship. For UMC to be able to silence their competition in this manner on a public forum, which YouTube has become, this certainly cannot be legal.

  84. from a YouTube spokesperson by walterbyrd · · Score: 4, Informative

    Our partners do not have broad take-down rights to remove anything they don’t like from our service. In limited cases, if they so choose, and based on exclusive agreements with their artists, partners can take down live performances.

    http://www.techdirt.com/articles/20111216/01463417102/explanation-why-umg-may-be-right-that-it-can-pull-down-megauploads-video.shtml

  85. from a YouTube spokesperson by walterbyrd · · Score: 1

    Our partners do not have broad take-down rights to remove anything they don’t like from our service. In limited cases, if they so choose, and based on exclusive agreements with their artists, partners can take down live performances.

    http://www.techdirt.com/articles/20111216/01463417102/explanation-why-umg-may-be-right-that-it-can-pull-down-megauploads-video.shtml

    So just more of hyper-aggressive google smearing that is so prevalent on slashdot these days.

  86. tired of talking and intellectual circle jerking.. by tryptogryphic · · Score: 1

    I'm going to do something, that truly expresses my disdain for this nonsense: I'm not using youtube.com for anything again. Ever.

  87. Do no Evil may ass by Anonymous Coward · · Score: 0

    Fucking Google

  88. And Who Else? by Nom+du+Keyboard · · Score: 2

    So are this seems to be a question of UMG behaving like thugs (and who is surprised about that?) and their seeming ability to take down anything that they don't like on YouTube without resorting the the DMCA and the requirements and penalties for misuse of same. The unasked question is: And who else also has this ability wrt YouTube via secret agreements?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  89. How is this news? by lootsorrow · · Score: 1

    "If true, that means that your activities on YouTube are not just curtailed by the law, but by the terms of their secret agreements with media conglomerates."

    How is this news? Terms of Service aren't new; Terms of Service clauses that do not favor individuals are also not new. This story is utterly irrelevant under the looming specter of SOPA. If you are American, stop reading this comment, stop reading slashdot, and go DO something about it. The rest of us can only sit back and watch the shitfest unfold.

  90. Can I get a reality check on register 42? by DragonHawk · · Score: 1

    Can anyone recommend any bank alternatives that are just handing out big bags of money to anyone who asks?

    (Hint: Huge server farms and massive network connectivity have significant costs. (Misleading "YouTube's bandwidth bill is zero" headlines not withstanding.))

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
  91. Uhm... by Anonymous Coward · · Score: 0

    YouTube actually reinstated the original "The Mega Video" posted by Kim. Check here: https://www.youtube.com/watch?v=K9caPFPQUNs

    They just censor the statistics now.

  92. Competition is bad, mkay. by praxis · · Score: 1

    While it might not be the crux of this dispute, if this turns out to be true Google might have to explain in a future antitrust hearing how it is that a media company has the power to remove any video it feels is competitive with it.

  93. Situation normal for advertising by dbIII · · Score: 1

    Going back to the TV series "Get Smart", the main sponsors of the show wanted to have the actress that played "99" removed because she had previously been in an advertisement for a competing product. The network (not just those that worked on the show but the actual network executives) had to go as far as saying they would find another sponsor if that's what they had to do to keep her. Of course in most situations nobody would have stood up the the whim of the sponsor.
    It's all very petty school playground stuff but played by people with money that do not understand that they are being petty.

  94. [Lightbulb Appears Over Head] by Anonymous Coward · · Score: 0

    Bing!

  95. It is NOT mindblowing by aepervius · · Score: 1

    For years I have said here on slashdot that the natural hate that most people shows for their governement is stupid. Governement can be elected. Governement can be toppled. Governement can be protested to with varying mixing result (US protest seems to peter out rapidely, try french Manif' that is a bit different). What can you do agaisnt a corporation ? You DO NOT elect them. You CANNOT toopple them. Protest agaisnt them CAN safely be ignored msot of the time.

    Western governement aren't half as scarry , and half as restrictive than corportation do. AND more to the point the same corporation now more or less lead governements by the hand by lobbying.

    Corporations ARE to me much much more scarrying and restriuctive on speech than all governement. They are doing voluntary with a zeal many in western governement does not have.


    Big Brothers will not be a governement, but a serie of corporation linked into a netrworks protecting their itnerrest , and corrupting governements around, trampling the people on the way.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  96. DuckDuckGo by Anonymous Coward · · Score: 0

    Use DuckDuckGo, it's more useful than Google anyway.

  97. Unlawful on it's face... by erc · · Score: 1

    This is unlawful conduct under Section 45 of the Competition and Consumer Act of 2010, as well as RICO statutes.

    --
    -- Ed Carp, N7EKG erc@pobox.com PGP KeyID: 0x0BD32C9B What I'm up to: http://intuitives.mine.nu
  98. Violation of YouTube's ToS by poena.dare · · Score: 1

    From the Content Verification Program Application page:

    "I understand that this tool is only for submitting notifications of alleged copyright infringement, and abuse will result in termination of access to YouTube."

    So has YouTube terminated Universal's access yet?

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