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YouTube Ordered To Remove Videos, Filter Future Uploads By German Court
suraj.sun sends this excerpt from Deutsche Welle:
"YouTube was told by a regional court in Hamburg on Friday not to display seven out of 12 contested clips without permission from the German copyright fee collecting society Gema. Gema claimed that its members were losing money every time their music was being displayed on YouTube. A proper licensing fee between the two sides expired in 2009. The Hamburg State Court ruled YouTube would in future have to install an efficient mechanism to filter out such content uploaded by users or face a fine of up to 250,000 euros ($330,000) for each case, or up to six months imprisonment. Knowing that a foolproof filter system looks next to impossible, Gema is now hoping that Google will finally agree to a new bilateral licensing treaty whereby the collecting society would not get an annual lump sum for the contested videos, but a fixed fee each time copyright-protected videos are watched."
I hope that Google plays hardball, and simply blacks out Youtube for Germany. The resulting user outcry would then be turned against Gema.
Or Google could just block access to YouTube from German IPs and let them see what they've really won.
The world's burning. Moped Jesus spotted on I50. Details at 11.
If they can't automatically filter the videos, how can they automatically detect them to calculate the "fixed fee each time the copyright-protected videos are watched?"
Well, more to the point, once those Gema represented figured out that they had just lopped off their own noses despite their face, it's likely Google would be in the far stronger position at the bargaining table.
At the end of the day, Youtube holds all the cards. It's the most visited video delivery site on the planet. You can be sure that if 80 million Germans suddenly found a message saying "Because of your courts and GEMA you will no longer be able to use YouTube", it wouldn't be long before GEMA came crawling back begging.
The world's burning. Moped Jesus spotted on I50. Details at 11.
"... the collecting society would not get an annual lump sum for the contested videos, but a fixed fee each time copyright-protected videos are watched ..."
And then start paying people to watch the videos.
Profit!
No sig for you. YOU GET NO SIG!
Because when you have dozens of smaller players, none of them have the warchest available to defend your rights and will, instead, capitulate to the smallest demand. When you have mammoth agencies who are interested in protecting the internet (more Google, less Facebook), you will also have the mammoth warchest to fund it.
If you had a dozen smaller players competing for video bandwidth in Germany, you'd get some paying the licensing fee, others pulling out, with a net effect that Gema gets money while there is no outcry from German citizens. WIth Google/Youtube, you first got an actual court case, and pulling out of Germany becomes a real, viable response that will likely result in a lot of complaining by German citizens, which is much more likely to get the government of Germany to look at legislative options to tone down Gema and entice Youtube to return.
This is an interesting dilema for Google. In my opinion google should appeal the descision asking GEMA to provide a filtering algorithm that meets GEMAs demand. If GEMA cannot or will not supply the algorithm the Google should be able to ask the courts to reverse the decision based on the evidence that GEMA has asked google to do something that GEMA themselves cannot do.
while its still fresh. Imagine the look on GEMA's face when all videos from Germany are blocked or better yet deleted. The applause Google would get from the rest of the world would overshadow what they would lose from cutting Germany off.
If they don't want to do that then at least
by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
I had no idea what FRAND was, but a wikipedia search indicates it covers patents. This is a copyright dispute, not a patent dispute.
END COMMUNICATION
Without youtube most of these people's works would have faded from public view or remained obscure.
A feeling of having made the same mistake before: Deja Foobar
It's perfectly bilateral. There's a meeting of minds and consideration on both sides.
Just like when Vinnie and Mr. Sung agree that (A) Mr. Sung will pay Vinnie 1/3 of the gross till of Mr. Sung's convenience store, or $2000 (whichever is more) each week; and (B) Vinnie agrees that Mr. Sung's convenience store won't accidentally burn down.
Welcome to the Panopticon. Used to be a prison, now it's your home.
Google should comply wit the court order by blocking these videos. Ideally, they should block them by redirecting users to videos by bands not controlled by Gema with a message as to why they were redirected. If the users like the redirected videos enough, well that solves the problem completely.
The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
The fines are higher than the advertising income.
Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
Not Germany, the single most retarded court in the whole of Germany. Hamburg is to copyright suits what Texas is to patent suits. The decision will almost certainly be struck down in the next round. They virtually always are.
Rudolf Hess edited Mein Kampf. He was the very first grammar nazi.
That's because opponents see YouTube as a piggy bank that you can shake and make it rain money.
Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration