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Cost of Pre-Screening All YouTube Content: US$37 Billion

Fluffeh writes "The folks that push 'Anti-Piracy' and 'Copying is Stealing' seem to often request that Google pre-screens content going up on YouTube and of course expect Google to cover the costs. No-one ever really asks the question how much it would cost, but some nicely laid out math by a curious mind points to a pretty hefty figure indeed. Starting with who to employ, their salary expectations and how many people it would take to cover the 72 hours of content uploaded every minute, the numbers start to get pretty large, pretty quickly. US$37 billion a year. Now compare that to Google's revenue for last year."

345 comments

  1. Or... by Troyusrex · · Score: 5, Funny

    Just crowdsource the pre-screening and get it done free! Oh... wait....

    1. Re:Or... by Khashishi · · Score: 4, Insightful

      You joke, but if there was some kind of contest or brownie points for regular users who find and tag infringing videos, then this could be done a lot cheaper, I think.

    2. Re:Or... by Anonymous Coward · · Score: 1

      HAte to go all Godwin on ya... but that system sounds awwwwfully familiar

    3. Re:Or... by FallSe7en · · Score: 1

      Except there would have to be one hell of an incentive for the users to accumulate those brownie points. If such a system were to be put in place, I bet a lot of people would just see people with lots of points and think "Look at this video nazi, what an asshole" instead of "Oh man, this guy has so many points; he must be cool".

    4. Re:Or... by Anonymous Coward · · Score: 0

      Then all videos would infringe as long as I get my brownie points!
      Never thought something like this could happen, did you?

    5. Re:Or... by Anonymous Coward · · Score: 0

      Or just get out of the business.

    6. Re:Or... by Anonymous Coward · · Score: 0

      They could always just tell the media industry to pay for it :D

    7. Re:Or... by trancemission · · Score: 2

      Just crowdsource the pre-screening and get it done free! Oh... wait....

      Like giving people mod points to moderate..... Oh.... wait...

    8. Re:Or... by Anonymous Coward · · Score: 1

      You're a dipshit. You really think tagging copyrighted videos on YouTube and having people round up Jews are similar?

    9. Re:Or... by Anonymous Coward · · Score: 0

      Of course not - since the Jews are the entertainment industry that particular comparison is ludicrous....

    10. Re:Or... by postglock · · Score: 1

      No. But I think that's the whole point of Godwin's law.

    11. Re:Or... by Anonymous Coward · · Score: 0

      Except then we would have people tagging non-infringing content and the other problem of how do you determine if it is content posted by the copyright owner or with permission, or something similar?

    12. Re:Or... by Khashishi · · Score: 2

      Most people don't mind being an asshole online. Some people revel in it.

    13. Re:Or... by davewoods · · Score: 1

      Hehehe... I thought that at first. It was not until I read your "Oh wait" that I got why it would defeat the purpose.

  2. Well, if you pay people 100k a year to do it... by repapetilto · · Score: 2

    Using the fact that the average pay for a judge in Silicon Valley is apparently $177,454, and that based on the volume of uploads and number of hours in a working day, a mere 199,584 judges would be required as screeners, this gives us the final figure for the cost of checking properly those 72 hours per minute:

            $36,829,468,840 per year.

    1. Re:Well, if you pay people 100k a year to do it... by Anonymous Coward · · Score: 0

      The assumption is that it would take individuals legally qualified to make the call in order to make the call. In real life you do it with slightly trained (paid) interns. So $20,000 per person per year instead of $177,454 per person per year. So only $4.15 Billion per year. Still prohibitively expensive.

    2. Re:Well, if you pay people 100k a year to do it... by rgbrenner · · Score: 4, Informative

      Why do they have to be paid $20,000? Why do they have to be American? Facebook pays it's Indian screeners $1/hour.

    3. Re:Well, if you pay people 100k a year to do it... by repapetilto · · Score: 1

      Isn't there an iphone app that tells you the name of a song by putting your phone up to the radio? Just run every video through something like that then send the hits to a human in india or wherever, then pay the judge to listen to short sound clips.

      To be clear I am not in favor of any of this, but this guys argument is seriously flawed, he may have something wrong with him.

    4. Re:Well, if you pay people 100k a year to do it... by repapetilto · · Score: 1

      Well, now that I think about it this is probably a joke... so never mind.

    5. Re:Well, if you pay people 100k a year to do it... by h4rr4r · · Score: 1

      They already do that.
      Those apps are very easy to trick. If someone other than the 1 artist they have on file for that song is singing it will not catch it.

      That software is not free either. Well the software is pretty trivial, the huge database of songs to analyze and the results to compare to are not. The results might even be considered to be derivative works. Who knows what that could cost to license.

    6. Re:Well, if you pay people 100k a year to do it... by Anonymous Coward · · Score: 1

      So Google could double wages and do it for under a half billion? Sold!

    7. Re:Well, if you pay people 100k a year to do it... by Richard_at_work · · Score: 1

      Yup, non-story really - Facebook manage to screen all of their photos and images (admittedly its not pre-screening), and they do it on a much lower payscale than this bloke assumes.

    8. Re:Well, if you pay people 100k a year to do it... by ArcherB · · Score: 3, Insightful

      Well the software is pretty trivial, the huge database of songs to analyze and the results to compare to are not.

      If only Google were good at databases and analytics. Think they could hire a company that is good at such things?

      Actually, I don't think it's Google's responsibility at all. If Sony thinks they own a claim to a video posted on YouTube, then it's up to Sony to find it and report it to Google.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    9. Re:Well, if you pay people 100k a year to do it... by Charliemopps · · Score: 0

      It's silicon valley. You can't even get a McDonalds employee for under $50k a year. Even if you paid the people minimum wage, the price tag would still be insane to say the least.

    10. Re:Well, if you pay people 100k a year to do it... by Sniper98G · · Score: 1

      Yup, non-story really - Facebook manage to screen all of their photos and images (admittedly its not pre-screening), and they do it on a much lower payscale than this bloke assumes.

      Yes, if only YouTube would get on board with the exploitation of impoverished people (like what Face book does in its screening program). The world would be a better place.

    11. Re:Well, if you pay people 100k a year to do it... by h4rr4r · · Score: 1

      The databases and the analytics are easy, the licensing for the transforms are not. Nor is getting all those music samples to make them from.

    12. Re:Well, if you pay people 100k a year to do it... by JWW · · Score: 0

      Fine then pay them $50K a year. (Good luck finding someone in Silicon Valley willing to work for that.)

      This STILL means that google would be out almost $12 billion dollars.

      Its still a ridiculous amount.

    13. Re:Well, if you pay people 100k a year to do it... by Asic+Eng · · Score: 1

      It's besides the point. The folks pushing 'Anti-Piracy' and 'Copying is Stealing' don't need to come up with a viable business model for YouTube. Coming up with the business model is Google's job, and they would probably make that argument in a court case.

      Anyway, you don't need a judge to remove user-uploaded content from a website you operate. You don't make a decision whether the user has infringed copyright and has to pay a fine, you decide you don't like it on your site and that's it. They don't use judges to remove porn now, do they?

      There is plenty wrong with copyright - we can't enforce artificial scarcity simply because we don't want to come up with a new way to pay content creators. However the article invents problems which don't exist in reality.

    14. Re:Well, if you pay people 100k a year to do it... by Richard_at_work · · Score: 1

      Ahh right, the old "exploitation" line - fine, what are these "impoverished" people going to do if you force Facebook to withdraw their line of work? Magically go and get a higher paying job somewhere? I don't think so.

    15. Re:Well, if you pay people 100k a year to do it... by ArcherB · · Score: 1

      The databases and the analytics are easy, the licensing for the transforms are not. Nor is getting all those music samples to make them from.

      My comment was a joke, so let me agree with some of what you said and disagree with some.

      Actually, I think the music part would be easy if we are talking about someone posting an entire song. Have the screening app take a snippet from a random time block of the "video" and feed it into the app that recognizes what song it is. A block license from Shazam could easily be obtained at a price Google could afford that Shazam couldn't refuse.

      The hard part is when you start looking for songs that are only in a portion of the video or looking for copy written video itself. The raw video may be easy to find. The same video being playing through a TV set would be much more difficult. A song being played as credits or in the background of a video would also be hard to detect.

      This is why it should be Sony's job.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    16. Re:Well, if you pay people 100k a year to do it... by rgbrenner · · Score: 2

      Yes, internet business must do all of their business in Silicon Valley. That's the way the internet works, right?

    17. Re:Well, if you pay people 100k a year to do it... by h4rr4r · · Score: 1

      Shazam is not that good. Try using it the next time your neighborhood bar has a cover bad playing.

    18. Re:Well, if you pay people 100k a year to do it... by Kjella · · Score: 2

      True, but the $1 Indian screeners aren't held to any sort of legal standard, Google gives them a boilerplate list of things to screen because they don't want it on their service and the cost and quality of that is purely a business decision. Then you can take the quick and easy route saying "porn is whatever we decide is porn" even if doesn't perfectly matches what the penal code thinks is porn and they're free to err on the safe side and there's no liability if they happen to let a video that's against their guidelines but not the law slip by. If on the other hand you make this some sort of mandatory prescreening required by the law or the courts to help prevent copyright infringement then censoring speech that is legal under the first amendment would be a pretty blatant violation of the uploader's rights and they could risk liability for screwing it up.

      Then you have to equally carefully not censor anything protected by fair use or otherwise by the first amendment, meaning each case would in fact be a little micro-trial. That's not something a $1 screener in India is qualified to do, hell it's not something even a US layman is qualified to do. Maybe a judge is a little excessive but yes, a screening that doesn't amount to censorship would be very very expensive. Of course the MAFIAA are civil organizations and not the government, but I very much doubt you can blackmail Google into making such a system without getting the law involved.

      --
      Live today, because you never know what tomorrow brings
    19. Re:Well, if you pay people 100k a year to do it... by ceoyoyo · · Score: 1

      The Fourier transform is in the public domain. And oddly enough, Google has a music store.

      Of course, they already DO this.

    20. Re:Well, if you pay people 100k a year to do it... by AngryDeuce · · Score: 1

      Try using it the next time your neighborhood bar has a cover bad playing.

      Best Freudian slip I've seen today.

    21. Re:Well, if you pay people 100k a year to do it... by JWW · · Score: 1

      No, they're not all in Silicon Valley, but Google is.

      I'm sorry my back of the envelop calculations don't take into account the possible lower price of labor in other locales or overseas.

    22. Re:Well, if you pay people 100k a year to do it... by ganjadude · · Score: 1

      is it really exploitation if you take someone who is making 50 cents a day and pay them 5 dollars a day (10 times more than they made before) or is it simply that you believe anything less than 100 grand a year is slave wages??? I would wager the employee who was making 50 cents a day prior to employment by facebook or apple who goes on to make 5 dollars a day a huge increase.

      --
      have you seen my sig? there are many others like it but none that are the same
  3. ha! by jschmitz · · Score: 2

    nice article - let the studios pony up if they are so worried about it

    1. Re:ha! by Anonymous Coward · · Score: 0

      nice article - let the studios pony up if they are so worried about it

      What?!? No, dumbass! If this article gets out, the studios will use that to assert that they're "job-creators", since Google has to keep all those useless jobs around! Don't give them any ideas! What is WRONG with you?!?

  4. So let's just add that to the cost of piracy by betterunixthanunix · · Score: 4, Funny

    I guess by the MPAA's logic, that is another $37 billion added to the cost of piracy. After all, if there were no piracy, that money would not "have to" be spent, right?

    --
    Palm trees and 8
    1. Re:So let's just add that to the cost of piracy by randomaxe · · Score: 3, Interesting

      More accurately, let's just add that to the cost of keeping the RIAA and MPAA afloat. If we just let them fail, then this money would not "have to" be spent either, and as an added bonus, fewer innocent grannies would be dragged into court.

    2. Re:So let's just add that to the cost of piracy by mcgrew · · Score: 4, Insightful

      If the MAFIAA wants YouTube content screened, let them spend the money to hire screeners. The DMCA, bad as it is, at least protects the web site in this regard.

    3. Re:So let's just add that to the cost of piracy by ganjadude · · Score: 1

      the more and more time goes by, the more and more I am a fan of DMCA, at least compared to bills going through the works today, acta pipa and the like, the DMCA seems to be mostly common sense while protecting the majority involved.

      --
      have you seen my sig? there are many others like it but none that are the same
  5. hmmmm by INeededALogin · · Score: 3

    Why would Google need to screen every bit of content? A trust system with the uploader, user feedback(they already get), random sampling, and some automatic processes should cover this for a lot less than 37 billion.

    btw... worst job in the world would be one where you had to watch non-stop youTube. I would hate to be the guy who got stuck looking at bot fly removals all day.

  6. How do they filter porn then? by Anonymous Coward · · Score: 4, Interesting

    [Sorry to go against the party line here]

    I always find it amusing when Google claims that it's impossible to filter copyrighted content, that the uploaders are the copyright infringers, but at the same time, YouTube is doing a heck of a job to filter out porn -- you never find porn there and I don't think that's because nobody ever tried uploading it.

    So what gives?

    1. Re:How do they filter porn then? by SausageOfDoom · · Score: 5, Funny

      Presumably they score each video based on what percentage of skin-coloured pink there is per frame, multiplied by whether speech detection gets a hit for "I'm here to fix your fridge".

    2. Re:How do they filter porn then? by MikeMacK · · Score: 1

      Probably because they don't need to watch all 72 hours that is uploaded every minute to have an idea, almost immediately, if the content is appropriate.

    3. Re:How do they filter porn then? by Spad · · Score: 0

      Presumably they score each video based on what percentage of skin-coloured pink there is per frame

      That's racist.

    4. Re:How do they filter porn then? by Roobles · · Score: 4, Insightful

      I think it's because a significant subset of users would automatically flag porn, but not many flag copyrighted material.

    5. Re:How do they filter porn then? by oneiros27 · · Score: 1

      As best that I can tell for the 'safe search' filters for the images -- they guess based on how much flesh tones are in the images.

      So if you paint all of your actors and actresses blue and make avatar porn, it might not get caught automatically. (of course, someone might still report it, and get it taken down)

      --
      Build it, and they will come^Hplain.
    6. Re:How do they filter porn then? by sjames · · Score: 1

      People will willingly flag material as inappropriate (crowdsourcing) but don't give a crap if you can hear 3 notes of someone's song in the background. Only RIAA lawyers can get to aneurysm bursting anger over 3 notes.

    7. Re:How do they filter porn then? by Anonymous Coward · · Score: 5, Funny

      If only slashdot had "+1 user name wildly appropriate"....

    8. Re:How do they filter porn then? by Kenja · · Score: 1

      The position of "porn filter" is a highly sought after unpaid position at Google.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    9. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      People flag it, but there's still a lot of stuff on there that would qualify

      Especially fetish stuff.

    10. Re:How do they filter porn then? by Captain+Hook · · Score: 1
      There is a difference though, isn't there?

      Porn is easy, a single glance, at even a screenshot of a video as opposed to actually watching a video is normally enough to determine if it passes some fairly prudish lines. You simply take a screenshot every 10 minutes and place those shots into a single image to be shown to a human judge, they could determine the nature of the video in a single 10 second glance most of the time.

      I remember I used to run a blog on blogger, I had a picture of me in the snow without my shirt on (all you could see was my head and the very top of my chest - didn't even go down as far as my armpits - although you could see the top of a tattoo I have), within a few hours my blog had been recategorized as adult and I told to remove the picture or I wouldn't show up in Google Safe Searches. I assumed it was either flagged by some puritanical yank, or an automated system looking for skin tone colours.

      But Copyright enforcement is completely different. The RIAA have requested take down on the basis of copyrighted background music playing at a kid birthday party etc. As a result of that, you would have to analysis every frame for images and all the sounds which can be heard and compare them against a catalog of protected material.

      For example:
      • Background music and conversations against every song and recorded show ever copyrighted
      • Copyrighted images (posters/ads in the background, tv shows even if they aren't the actual focus of the video being uploaded etc)
      • Facial recognition for celebrities (both people who might happen to look like a celebrity and people getting themselves videoed in front of actual celebrities)

      The amount of stuff that needs to be checked is huge and the catalog of stuff that it needs to be checked against is even bigger. The two areas of enforcement aren't really comparable.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    11. Re:How do they filter porn then? by blackraven14250 · · Score: 1

      Working in moderation at another social service, I can tell you this is dead on. Porn and the like gets overflagged, to the point where even moderately suggestive stuff (pics with too low cut of a shirt) gets flagged.

    12. Re:How do they filter porn then? by TheDarkMaster · · Score: 1

      Porn is simple, pretty obvious. And therefore easy to identify. Now copyright infringement is much more difficult, because how do you know where the video infringe copyright? What part of the video? You would have to know all existing commercial videos to be able to tell if a new video is a copy of any of them.

      And that does not even consider cases where the label falsely says that the video infringes a copyrigth.

      --
      Religion: The greatest weapon of mass destruction of all time
    13. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      Point of order: there is plenty of porn on YouTube. It tends to get removed *eventually* but search for porn on Google and you'll get the odd YouTube link which often works.

    14. Re:How do they filter porn then? by shadowrat · · Score: 5, Interesting

      This is horribly pedantic, but if you analyze skin in a color space other than RGB, like HSV, everyone falls into a relatively narrow hue band.

    15. Re:How do they filter porn then? by undecim · · Score: 1

      Well porn is pretty easy to identify, and most of it is reported by users, rather than actually being screened. It's completely against the Youtube TOS, so when its found, it's quite clear that it should be removed.

      Copyrighted material on the other hand, isn't immediately identifiable. If you do have some perfect algorithm to separate copyrighted work from original work, you still need to make sure the person uploading the copyrighted work doesn't have permission to do so... Then we're not even touching on e.g. using a song as background music for a video, what constitutes "fair use" etc.

      --
      The Internet has given stupid people the resources of intelligent people.
    16. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      Two things - one: http://www.guardian.co.uk/media/pda/2010/jan/06/youtube-porn-attack-4chan-lukeywes1234 As far as I know, they've done this twice, and it's been pretty funny in an infantile way.

      The other things is that porn is something people would flag as such. There's a large group of people who would like to have no porn on the internet, there's an even larger portion that would like to make sure the internet is safe for their kids. That's why these get flagged and taken down. As for copyright information, far fewer people are going to flag videos for infringement. Plus, every flag requires someone to go and physically check the claim, taking time to respond to false positives.

    17. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      [Sorry to go against the party line here]

      I always find it amusing when Google claims that it's impossible to filter copyrighted content, that the uploaders are the copyright infringers, but at the same time, YouTube is doing a heck of a job to filter out porn -- you never find porn there and I don't think that's because nobody ever tried uploading it.

      So what gives?

      Porn can be detected by looking at it, the intentions of a copyright holder can not always be determined by looking at the work.
      Keep in mind that the content creators that doesn't want their work to be wildly spread are in minority. (But more heavily promoted.)
      The problem is not to detect if a song is used in a video, the problem is to determine who the copyrightholder really is, if he/she allows this use and/or if it is fair use.
      Until mindreading works and all copyright holders are hooked up it will be hard to automate.

    18. Re:How do they filter porn then? by bjourne · · Score: 1

      Even my stupid cellphone has an audio detection feature. You let it record a few seconds of music and it sends the data to a server that replies with the name of the song, the album and the band. The same methods can easily be applied to other types of content such as video. All thanks to Bayesian networks and other advanced classification algorithms. Only idiots claim it is impossible to filter content. What smarter minds claim, is that it is impossible to correctly filter all content all the time. There will always be false positives and true negatives that the algoritms fail on and a human must intervene.

    19. Re:How do they filter porn then? by Hentes · · Score: 1

      It's much easier to tell by looking whether a video contains nudity then to tell whether its uploader has the right to distribute it.

    20. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      I.e., right - it's not racist. we're all pink on the inside.

    21. Re:How do they filter porn then? by ImprovOmega · · Score: 1

      Because the community polices that aspect of it by flagging and reporting the offending video. It has a very short life expectancy due to that.

    22. Re:How do they filter porn then? by SuricouRaven · · Score: 1

      Don't forget times where the copyright holder authorised the upload of the video and neglected to inform Youtube of this.

    23. Re:How do they filter porn then? by cpu6502 · · Score: 1

      >>>you never find porn there

      I've never found actual porn, but I've seen a lot of nudity slip past youtube (exposed breasts mostly). They rely on the users to flag these videos, else they usually don't, so the videos continue to sit there.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    24. Re:How do they filter porn then? by K.+S.+Kyosuke · · Score: 1

      YouTube is doing a heck of a job to filter out porn -- you never find porn there and I don't think that's because nobody ever tried uploading it.

      Presumably it's much easier. If you make a contact sheet of the video with a few dozen pictures, you can tell whether it's porn or not by having a human see it for one second. How do you do that for "copyrighted material"? In my country, everything is copyrighted by default, so I guess they actually mean "copyrighted material that the rights' owner doesn't want to be published", and that's "slightly" more difficult.

      --
      Ezekiel 23:20
    25. Re:How do they filter porn then? by girlintraining · · Score: 1

      I always find it amusing when Google claims that it's impossible to filter copyrighted content, that the uploaders are the copyright infringers, but at the same time, YouTube is doing a heck of a job to filter out porn -- you never find porn there and I don't think that's because nobody ever tried uploading it. So what gives?

      I don't think you're looking hard enough. That said, I wouldn't click the link unless you want to have a limp dick for the next week. However, fewer people object to copyright infringement than sexual content; I don't see religious groups spending wednesday nights at church clicking through videos to report which ones are copyrighted. -_-

      --
      #fuckbeta #iamslashdot #dicemustdie
    26. Re:How do they filter porn then? by causality · · Score: 1

      I think it's because a significant subset of users would automatically flag porn, but not many flag copyrighted material.

      And who says old people have left the workforce?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    27. Re:How do they filter porn then? by s0nicfreak · · Score: 1

      I've seen porn on youtube. It just gets reported rather quickly.

    28. Re:How do they filter porn then? by nabsltd · · Score: 1

      Even my stupid cellphone has an audio detection feature. You let it record a few seconds of music and it sends the data to a server that replies with the name of the song, the album and the band.

      Just because there are a few seconds of a recognizable song in the audio of an uploaded video does not mean that it is infringing.

      There will always be false positives

      With automated scanning where a few seconds is enough to trigger, there will be nothing but false positives.

      Thank you for making the same point that the article makes...only a human can actually determine infringement.

    29. Re:How do they filter porn then? by Golddess · · Score: 1

      I've seen porn. I've seen bang brothers films/clips that got uploaded. I've seen amateurs put up stuff. Doesn't generally stay up long, but I've caught it once or twice. Though I've also never come across it accidentally, only seeing it when a friend or acquaintance links it.

      And as I understand it, non-pornographic nudity is ok. So like health-related videos are fine (though makes me wonder, how they would treat a health-related video that, for example, was talking about and demonstrating masturbation). Though like you, the only nudity I've intentionally come across has been exposed breasts.

      Although I did once come across a home birth video.. that was interesting to see.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    30. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      This is horribly pedantic, but

      I'm sorry, we don't allow pedantic on /.

    31. Re:How do they filter porn then? by bernywork · · Score: 1

      And? It's discriminatory too. Difference being, that in this instance, it's socially acceptable to do so.

      --
      Curiosity was framed; ignorance killed the cat. -- Author unknown
    32. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      That's not a real porn video.

    33. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      I think it's because a significant subset of users would automatically flag porn, but not many flag copyrighted material.

      In part because porn is a lot easier to identify.

    34. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      And then proceeded to include those video files in lists of copyright infringing materials during the ensuing lawsuit.

    35. Re:How do they filter porn then? by Anonymous Coward · · Score: 0

      I think the difference is that it's easier to judge if a video is porn and against the site's own ToS than it is to know if the submitter is authorized to post the video. Without a take down notice from a copyright holder, it's impossible to know for sure without having a lengthy review process, which could ultimately hurt all users.

  7. Judges are necessary by betterunixthanunix · · Score: 1

    Copyright infringement is always supposed to be decided by the courts; otherwise, we can have no fair use defense...

    Oh, I see what you did there...

    --
    Palm trees and 8
    1. Re:Judges are necessary by rgbrenner · · Score: 4, Insightful

      Youtube is not the court system, it is not there to enforce your rights, it is not there to decide what is fair use, and it's judgement does not need to stand up to Supreme Court analysis.

      Youtube is for posting videos which Google can use to display ads.

      That's it. Nothing else.

      If Youtube wants to screen content, then they can train their employees to delete what they find unacceptable.

    2. Re:Judges are necessary by cpu6502 · · Score: 2

      >>>Copyright infringement is always supposed to be decided by the courts

      That's how it works NOW. If you uploaded an interview with Ke$ha, and she files a DMCA takedown notice, and you respond with "Put it back up; I did not infringe anything", your video will be restored..... Kesha can now choose to sue you in court. Whereupon you get to decide to defend yourself with a fair use argument. (Alterntiavely Kesha could just drop the claim, and your video stays up.)

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:Judges are necessary by h4rr4r · · Score: 4, Funny

      Or we could just euthanize anyone with a $ in their name and anyone stupid enough to interview them. If this person with a $ in their name exists and they chose that name, it is the trashiest thing I have probably ever heard of.

    4. Re:Judges are necessary by cpu6502 · · Score: 3, Interesting

      >>> they can train their employees to delete what they find unacceptable.

      Like how they removed a 16-year-old teen's video as "hate speech" because she read her Bible's passages about same-sex marriage being forbidden. (Meanwhile they left-up all the other reply videos that called her a "whore" or "asshole" or even included death threats.) Yep. Youtube certainly can screen content in order to defend their right to use videos to attack a teen girl.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    5. Re:Judges are necessary by Thruen · · Score: 2

      I think the only really important thing to take from this is that Youtube is not there to enforce your rights. Of course, the same logic would suggest that Youtube is not there to protect content owners either. The truth is if we tell Google to filter all the videos they put on Youtube, then we are forcing them to decide, putting the power in their hands. You're right that they can filter anything, but they haven't chosen to filter anything outside of pornography. If the courts force them to screen infringing content, then yes, they do need judges to decide what's infringing, because it's a legal issue not up to Google's employees. Not to mention the fact that low-wage employees aren't exactly motivated to be thorough or honest in screening beyond just keeping their job, and the lower the wages the more forgiving you have to be for mistakes. The article is surely blowing things up a bit, but you're going the other way.

    6. Re:Judges are necessary by Anonymous Coward · · Score: 1

      I support this

    7. Re:Judges are necessary by gstoddart · · Score: 2

      Or we could just euthanize anyone with a $ in their name and anyone stupid enough to interview them

      How about people with numbers in their name? Or are you somehow exempt?

      --
      Lost at C:>. Found at C.
    8. Re:Judges are necessary by Anonymous Coward · · Score: 0

      Posted by g$toddart (321705)

      Enough said.

    9. Re:Judges are necessary by cpu6502 · · Score: 4, Insightful

      It isn't hate speech.
      It's the girl sharing her OPINION on same-sex marriage, and backing-it-up with a citation from a 4000 year old book (Leviticus if I recall correctly). - Or - have we taken-away that right to share our opinions? Is that now verboten, simply because we don't like the opinion? And how does that justify youtube leaving up the death threat videos targeted at this young woman? Those should be pulled too.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    10. Re:Judges are necessary by causality · · Score: 4, Insightful

      So because Hate speech is in her holy book youtube should keep it up? What if I make a new holy book filled with hate speech about cpu6502 should youtube keep that video? I fail to see what book it was that contained this vile speech has to do with it.

      Can you not see the difference between speech that targets a whole group vs 1 person?

      What kind of mental gymnastics must one perform to excuse this kind of blatant hypocrisy?

      If curtailing "hate speech" is your goal then you don't care what kind of hatred it is. Certainly if your respect for others' creeds and religions is so low that you will brand them "hate speakers" merely for quoting a religion's holy book, that may not have been read with an emotion of hatred ... how do you then allow emotionally charged insults and death threats without recognizing that these contain hatred? Do you believe death threats are an act of love?

      Personally I believe in free speech. That goes also for speech I think is reprehensible. Disallowing threats and slander/libel is a good balance. Everything else should be fine. This girl should be allowed to read from her Bible. The other users should also be allowed to insult her, provided they don't threaten her. Do you see how I am not taking sides here, how I am not being a hypocritical bastard about this? Unlike Google?

      Youtube would rather lose one ignorant user than a large group of users.

      Yes, indeed. Wherever you find blatant and obvious hypocrisy, you find a selfish motive behind it. In this case, the selfish motive is user retention. You can understand why this is not founded in principle, right? You can see how this is not rooted in equanimity, correct?

      So what's your selfish motive for defending obvious hypocrisy? I see no financial tie, so you must have a personal reason. Perhaps you really dislike religious people and are glad to see one suffer, even if you must compromise principles like free speech? Maybe you have bought into this childish hyper-emotional brand of Leftism where the fact that you "offended" me gives me the "right" to harass you? Especially if you are a Christian or a white male, since mindless group identity is everything to these anti-individuals?

      Whatever happened to real men who had balls and brains, like Voltaire, who said "I may disagree with what you say but will defend to the death your right to say it?" How about the American Founders, who knew damned well that people would use the First Amendment to say lots of things they may not personally like? All I see is a bunch of overgrown children who will use any excuse to make people behave the way they personally think they should.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    11. Re:Judges are necessary by tepples · · Score: 1

      your video will be restored

      After a two-week statutory waiting period. A lot of videos are no longer relevant after two weeks.

    12. Re:Judges are necessary by Nikker · · Score: 1

      At the same time if we don't discuss it when will we ever get over it?

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    13. Re:Judges are necessary by Anonymous Coward · · Score: 1

      Hate speech is NOT ILLEGAL in the United States.
       
      I will fight to the death for everyone's right to say what they want, no matter how repulsive or offensive it may be to me, personally. That's the foundation of our First Amendment, and publicly traded corporations would be wise to uphold those foundations, lest we ALL lose them FOREVER. It's not about losing an "ignorant" user, it's about losing our right to speak up for what we believe in.

    14. Re:Judges are necessary by nedlohs · · Score: 2

      Obviously if you have something called "hate speech" that is being limited you have taken away some rights to share opinions.

    15. Re:Judges are necessary by Mister+Whirly · · Score: 3, Informative

      Well to be fair calling someone a whore or asshole isn't illegal but "hate speech" is. Death threats are very illegal if they are deemed to be serious however.

      --
      "But this one goes to 11!"
    16. Re:Judges are necessary by gstoddart · · Score: 1

      Except, of course, I don't actually have a $ in my name.

      --
      Lost at C:>. Found at C.
    17. Re:Judges are necessary by SuricouRaven · · Score: 1

      Thou Shalt Not Censor Anything With A Rabid Fanbase.

    18. Re:Judges are necessary by SuricouRaven · · Score: 1

      I looked into that when I had a video pulled. But if they did sue, it'd be a Japanese studio suing a British citizen over activities on an American server. I think I'd have exausted my savings before we even decided where to hold the hearing.

    19. Re:Judges are necessary by Anonymous Coward · · Score: 0

      They can screen the content if they want to. However, they should not be legally obliged to do so. I think that's the issue.

    20. Re:Judges are necessary by h4rr4r · · Score: 1

      My handle is not my name. I do not use it when interviewed on TV nor would I.

      I would make a new one, but then my UID would go way up. I made this one when I was a younger man and leet speak was trendy with my peer group.

    21. Re:Judges are necessary by h4rr4r · · Score: 4, Insightful

      Youtube is a private business and can ban any speech they want.

    22. Re:Judges are necessary by dave420 · · Score: 1

      You don't know what hate speech is, apparently.

    23. Re:Judges are necessary by causality · · Score: 4, Insightful

      Why yes, you're right. On that note, I'd like to share my opinion on niggers and how that problem should be handled.........

      And you should have that right even though this is reprehensible.

      The rest of us are also free to decide not to associate with you. That's how it should be handled. I do not want some authority punishing you for it. You simply won't have too many friends and lots of people may decide not to do business with you and that's enough.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    24. Re:Judges are necessary by cheekyjohnson · · Score: 1

      Problem is, it assumes guilt, and then the video is removed. By law. I'm fairly certain they have to remove it once they receive a DMCA takedown notice. Not many people have the resources to try to get these people punished for frivolous DMCA takedown notices.

      --
      Filthy, filthy copyrapists!
    25. Re:Judges are necessary by h4rr4r · · Score: 3, Insightful

      It is hate speech and youtube can take it down if they want to. I suggest she go speak it in public, where she has that right. I fully support her right to do that, but I will not force youtube to carry material they do not want to.

      Many peoples opinions are hate speech, there is no difference. The fact that excuse for this is a very old book of myths makes it no better.

    26. Re:Judges are necessary by h4rr4r · · Score: 2, Insightful

      I support youtubes selfish motive. They should not be forced to broadcast speech that they do not like.
      I also support this poor ignorant childs right to spew hate speech in public.

      I fail to see how that is hypocrisy.

      Your insane theories on christians and whites being attacked are pretty humorous though. Oh noes I can't use my religion to pass laws impacting others rights, help help I am being oppressed.

    27. Re:Judges are necessary by Anonymous Coward · · Score: 0

      WOOSH

    28. Re:Judges are necessary by spire3661 · · Score: 1

      I have a 'friend' who named his son Cash.

      --
      Good-bye
    29. Re:Judges are necessary by dark12222000 · · Score: 2

      Youtube has a policy against hate speech - as is their right.

      "Hate speech is, outside the law, any communication which disparages a person or a group on the basis of some characteristic such as race or sexual orientation."

      Hey, look at that, the girls comments are totally qualified as hate speech! It doesn't matter if she was repeating something her parents said, or reading it out of a 500 year old book put together by a bunch of old farts. She posted a video that included hate speech, her video got taken down. See that? It's the system - working.

      Now, did some of the responses include believable death threats or hate speech? Then those should have also gone down. Did you report them?

      tldr: Youtube can remove your videos that are full of hate speech, irregardless of where that speech came from.

    30. Re:Judges are necessary by Anonymous Coward · · Score: 0

      But none can trump Libertarians, who hates both reps and dems... and almost everyone else not under their ideology

      In fact, I wouldn't be surprised if Libertarians hate each other, as the nature of the ideology is like the Four Yorkshiremen from Monty Python.

      Lib 1: Back in the day, government stayed out of X. It only cared about Y...
      Lib 2: You communist! Government has no business in Y! Back in the good old days, government should stick to Z, and that's it
      Lib 3: Oh please, the free market can handle X, Y, and Z on its own. We use to have REAL freedom back then. I'd tell you what government should do, but you probably wouldn't understand it.
      Lib 4: All of you are tools. I complain about regulations you guys don't even know exist! We used to have real freedom back in the day... but young people today wouldn't believe it.

    31. Re:Judges are necessary by Anonymous Coward · · Score: 0

      Ke$ha is not her real name either... Kesha Rose Sebert

      Also, the Beatles' last names were not Beatles. Neither were the Eagles.

      Nicki Manaj, Lady Gaga, and Eminem aren't real either.

    32. Re:Judges are necessary by h4rr4r · · Score: 1

      Just because she is a christian?
      So all other christians who were not spouting off hate speech are also being threatened?

      If you feel so strongly that you want to use the force of law to oppress one group then you should be willing to accept people will be unhappy. Youtube is a private service. If they want to remove videos for any reason or not remove them for any reason that is their right.

    33. Re:Judges are necessary by Eponymous+Hero · · Score: 1
      wait, you're gonna cry hate speech? what about the namecalling and death threats? that's not hate speech?

      Youtube would rather lose one ignorant user than a large group of ignorant users.

      FTFYYSFI

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    34. Re:Judges are necessary by lattyware · · Score: 5, Insightful

      YouTube is not run by the government - they are free to pick and choose what they want to display as they see fit. If you don't like it, feel free to set up same-sex-marriage-bashing-tube.

      --
      -- Lattyware (www.lattyware.co.uk)
    35. Re:Judges are necessary by Anonymous Coward · · Score: 0

      Her opinion is hate speech.

    36. Re:Judges are necessary by compro01 · · Score: 1

      It's not exactly a new name. As a surname, it dates back to at least the 18th century.

      --
      upon the advice of my lawyer, i have no sig at this time
    37. Re:Judges are necessary by Anonymous Coward · · Score: 0

      hah! your missing out dude. thats the coolest guy you will ever meet.

    38. Re:Judges are necessary by cayenne8 · · Score: 1

      So because Hate speech is in her holy book youtube should keep it up?

      Saying you believe that some actions or lifestyles are wrong...is not hate speach. Since when did expressing opinions or beliefs become hate speech.

      Geez, I hope there's not an actual hate speech law on the books that covers something like this....sure would take a lot of the 'fun' out of the freedom of speech we used to enjoy here in the US.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    39. Re:Judges are necessary by cayenne8 · · Score: 1

      Obviously if you have something called "hate speech" that is being limited you have taken away some rights to share opinions.

      Maybe in a country outside the US....I'd dare say even 'hate speech' (whatever the hell that is) is protected speech.....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    40. Re:Judges are necessary by Anonymous Coward · · Score: 0

      How about people with numbers in their name?

      15Peter20 ?

    41. Re:Judges are necessary by cayenne8 · · Score: 0

      Well to be fair calling someone a whore or asshole isn't illegal but "hate speech" is.

      Thankfully, so far...there is no such thing as a law banning "hate speech".....and there should never be one.

      Where do you define hate speech? At some point...it can completely erode free speech in general.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    42. Re:Judges are necessary by h4rr4r · · Score: 1

      This is a private business. They can do what they like.

      I too hope there is no such law, I support her right to say it on every street corner. Just like I support youtubes right to not have to carry this filth.

    43. Re:Judges are necessary by Mister+Whirly · · Score: 1

      Posting videos on a privately owned video site is not the same thing as going out into the public and stating your opinion. The latter is free speech, but forcing a private company to post videos they do not want to host is not free speech for the company involved. The content doesn't matter one bit - it is Youtube's private site and if you want to use their service you agree to their terms. It isn't like they sent out a squad of bootjack thugs to round this girl up in a public place...

      --
      "But this one goes to 11!"
    44. Re:Judges are necessary by cpu6502 · · Score: 1

      >>> I fully support her right to do that, but I will not force youtube to carry material they do not want to.

      Me neither.
      But since they took hers down, but none of the others, that implies they WANT to carry the videos calling this teen a "whore" and "asshole" and "I'm gonna come kill you". What kind of corporation is Google running through youtube???

        It appears "do no evil" became "do evil" through letting people post death threats on their site.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    45. Re:Judges are necessary by Anonymous Coward · · Score: 4, Insightful

      I could call your post "hate speech" since it calls the Bible a book of myths. See what I did there? The real hate speech was the vitriolic posts against the girl who posted the Youtube video. It really pisses me off when people are so subjective they are blind to logic. You are among them.

    46. Re:Judges are necessary by UnknownSoldier · · Score: 1

      Wow, you must really hate Jonny Cash (singer) or John Cash (id/blizzard programmer) :-/

    47. Re:Judges are necessary by click2005 · · Score: 1

      No, you're right. The video should have stayed on YouTube. Everyone has the right to their opinion EVEN if it is stupid, offensive and possibly illegal.

      You are forgetting that YouTube has the right to remove whatever videos they want, its their site and nobody was stopping that girl from
      voicing her opinions as she free to upload her hate to other sites.

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    48. Re:Judges are necessary by causality · · Score: 3, Insightful
      You could not have more thoroughly failed to understand what I said. If it were spoken verbally I could understand that, but it is text. You can re-read it as many times as it takes to comprehend it. Perhaps you would like to take a few deep, relaxing breaths and become nice and calm, maybe think of your own personal happy place? That way you can shut down your emotions and activate your logic and reason to let those do the thinking? Section by section, then:

      I support youtubes selfish motive. They should not be forced to broadcast speech that they do not like. I also support this poor ignorant childs right to spew hate speech in public.

      If Youtube wants to say "we will selectively censor what we dislike depending on our mood at that moment on that day, and not according to a policy that is applied equally to everyone", that would be different. Youtube has made no such claim. What they have claimed is that they will not tolerate hate speech.

      They were given multiple examples of hate speech. They censored the one that wasn't even intended to be hateful while allowing replies that were specifically designed to make that child feel bad. If they wish to rewrite their policy so that it reads "no hate speech allowed ... except the hate speech we decide to accept" that would be different. That would be fucked up, but at least it would not be hypocritical.

      There are only two logically consistent, non-hypocritical way to handle things: either censor both the girl AND her hateful responders, or censor none of them. I don't care what emotions your endocrine system is making you to feel at this moment. I also don't care if you personally favor one kind of hate speech over another kind. That's the simple truth.

      Your insane theories on christians and whites being attacked are pretty humorous though. Oh noes I can't use my religion to pass laws impacting others rights, help help I am being oppressed.

      I do not believe this sixteen-year-old girl is a legislator. Neither is she in an executive position where she can veto a bill or sign that bill into law. She is not trying to pass any law. She is merely trying to express an opinion. Do you see how simple that is, and how ridiculous you are for suggesting otherwise?

      This is why you cannot separate your emotion from reason here. You have this desperate need to make the girl into a figurehead representing some radical Christians who really do try to pass oppressive laws. Naturally you then hate this creation you have made. That is why you want her to suffer. That is why you like one kind of hate speech, namely that which makes her suffer, while disliking another. You feel so justified applying your double standard because you really don't like her. It's still a double standard.

      You are just as much of a hypocrite as Google. Don't play this game with me. I see things quite clearly and am not someone you can blind with emotion.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    49. Re:Judges are necessary by garbut · · Score: 1

      Your right to free hate speech ends where my right to run the web site of my choice begins.

      --
      Oh, should I have sugar-coated that?
    50. Re:Judges are necessary by Anonymous Coward · · Score: 1

      Why is it always the niggers who get picked on for these examples? We've got wops, spicks, Jews, limeys, frogs, injuns, camel jockeys, krouts, and probably a hundred others waiting their turn.

    51. Re:Judges are necessary by Anonymous Coward · · Score: 0

      Actually, you're totally allowed to post whatever you want, 100% free... on your own site

      I think you're confusing freedoms with entitlements. You are not entitled to post and do whatever the heck you want on somebody else (youtube's) site

      Think of it this way: I can put up signs saying whatever I want on my own lawn. I can't claim to be able to do the same on your lawn.

      Youtube is saying to the girl: get off our lawn

    52. Re:Judges are necessary by cpu6502 · · Score: 1

      >>>>your video will be restored
      >>
      >>After a two-week statutory waiting period.

      Did you just make that up? I've seen videos pulled-down by DMCA notices, and then restored in mere hours.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    53. Re:Judges are necessary by AngryDeuce · · Score: 1

      But if you come into my home spewing filth, I have every right to kick your ass out so I don't have to listen to it.

      Youtube is Google's house. They make the rules. If they were homophobic bigots, and wanted to delete every single pro-gay video on their site, they would be within their rights to do so. There would obviously be enormous consequences to that and they would likely be abandoned by 99% of their users within days, but if they wanted to open that can of worms, that's their right.

      That kind of crap disgusts me, too, and like you I support the right of anyone to be a bigoted piece of crap because that's what freedom is, but let's not pretend that Google has some sort of obligation to be purveyors of that crap if they do not wish to be. If they're going to yank down birdsong due to a bullshit copyright complaint, then they damn sure better be yanking filth like that shit down.

      To put it another way, if you think Slashdot comments are full of trolls now, imagine if they had to respect the First Amendment and keep them visible. Boom, now all of a sudden all the gamemaker and mycleanpc trolls have the first amendment protecting their bullshit, and now nobody else can use the shit at all. I can't support that.

    54. Re:Judges are necessary by AngryDeuce · · Score: 1

      She has every right to say it, but Youtube also has every right not to broadcast it on her behalf.

      She should contact the Westboro Baptist Church. I'm sure they would be more than happy to post her bullshit on their website.

    55. Re:Judges are necessary by dmatos · · Score: 1

      Okay, see, where it crosses the line is advocating violence against other people. That's what makes it hate speech. And since, theoretically, we're talking about "fighting words," it's not necessarily protected by the First Amendment.

      "If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them.[4](Leviticus 20:13 KJV)"

      Of course, it's a moot point, since YouTube is a private entity, and the First Amendment starts with the phrase "Congress shall make no law . . ."

      If you walked into a store owned by someone of African descent, and started throwing the N-bomb around, they are entirely within their rights to refuse you service, and to have you ejected from the store, by the police if necessary. The First Amendment places no restrictions on anyone other than Congress.

      --

      It may look like I'm doing nothing, but I'm actively waiting for my problems to go away.
      --Scott Adams
    56. Re:Judges are necessary by AngryDeuce · · Score: 1

      Oh, boohoo. So now people are entitled to relevancy? Where the fuck is my 15 minutes of fame? I demand it!!!!

    57. Re:Judges are necessary by Algae_94 · · Score: 3, Insightful

      Your mistake in this issue is assuming YouTube should be fair. It is not. This is not government censorship, more like a private club telling her not to say that in their clubhouse. This girl can say her opinion all she wants out in public. YouTube doesn't need to re-air it. They probably shouldn't leave death threats up, but that's the point of this entire article. It is unfeasible for YouTube to screen every video posted. If you don't like the death threat vids, report them.

    58. Re:Judges are necessary by Anonymous Coward · · Score: 0

      Sorry to break the bad news to you, but there are many perfectly civilised countries with laws banning hate speech. Quite a few of those countries are rated higher than yours on civil liberties too.

    59. Re:Judges are necessary by Anonymous Coward · · Score: 0

      It's amazing how clueless some /. posters can be to think that 99% of all the users on YouTube would be so offended by the removal of all pro-gay videos that they would leave. As much as things are changing, a lot is still the same. They would surely lose some users, but it might be closer to 1% than 99% .

    60. Re:Judges are necessary by Algae_94 · · Score: 1

      There are no hate speech laws that I know of, but if "hate speech" is added into a normal crime often times it becomes a "hate crime" with much worse sentencing and punishment. Apparently, it is worse to mug someone because you hate them, instead of just needing money and being nice about it.

    61. Re:Judges are necessary by Mindcontrolled · · Score: 1

      You are doing a fine impression of the persecuted hegemon.... Just don't expect anyone to be sorry for you because of your self-inflicted persecution complex, "freeman".

      --
      Ubi solitudinem faciunt, pacem appellant.
    62. Re:Judges are necessary by Darby · · Score: 0

      Certainly if your respect for others' creeds and religions is so low that you will brand them "hate speakers" merely for quoting a religion's holy book

      Calling people "abominations" who should be put to death because of an accident of birth *is* hate speech. This is not at all ambiguous, and that it is hate speech quoted from a book of religious fairy tales does nothing whatsoever to change that. No decent person could have respect for that vile trash.
      Trying to portray this as if people are calling it hate in order to disrespect a religion is deeply dishonest on your part. Those religions disrespect decent people by consisting primarily of racist bigoted mysoginistic trash as she went out of her way to hilight.

      . This girl should be allowed to read from her Bible. The other users should also be allowed to insult her, provided they don't threaten her. Do you see how I am not taking sides here, how I am not being a hypocritical bastard about this? Unlike Google?

      Google is not at all hypocritical, you are.
      She is making malicious hate speech for the sole purpose of spreading Christofascist hatred and violence against people whose only "crime" was being born a certain way.
      The people attacking her are attacking her because she is intentionally and maliciously spreading ignorant hatred against people who have done nothing whatsoever in any way wrong...or at least nothing at all in any way wrong which she is raving about.
      One case is spreading ignorant hatred and explicit death threats (quoting the bible on gays *is* making an explicit death threat against millions of people, there is no ambiguity there.) of someone for something they have no control over even though it is completely morally neutral. The other is decent people telling an ignorant hate-mongering piece of shit that society doesn't tolerate that Nazi bullshit.

      You, trying to equate spreading ignorant bigotry, hatred and death threats with objecting to that same thing make yourself a hypocritical liar.

      Perhaps you really dislike religious people and are glad to see one suffer

      She's not being attacked for being religious, liar, she's being attacked for spouting the same exact bullshit the Christofascist Nazis used to justify rounding up and gassing gays in WW2.

      see is a bunch of overgrown children who will use any excuse to make people behave the way they personally think they should.

      No, you're just whining becasue you're an ignorant hate mongering bigot and your views are not acceptable to decent people in this day and age. Google doesn't choose to support Nazi propaganda and you feel they should be forced to spread your vile ignorant shit. Too bad, she can speak as freely as she likes about her hate-mongering delusions, but Google is under no onus to help her with something so disgusting.

    63. Re:Judges are necessary by denobug · · Score: 1

      Youtube is a private business and can ban any speech they want.

      If you are a service provider you have the right to make the rules. However you are also expected to upheld the rules you created and enforce the rules evenly with all the customers who agreed to the same agreement. Thy can ban any speech they want but that better be on their user agreement. This is call contractual agreement and has nothing to do with free speech.

      Same thing for the "at will" employment. It is true your employer can pretty much tell you to quit whenever they please but they cannot not just kick you out for a specific reason that is not applied evenly. Then their action become discrimination and it very much prohibited by law.

    64. Re:Judges are necessary by Darby · · Score: 0

      They were given multiple examples of hate speech.

      No, they weren't. Only hers is hate speech. Saying fuck the Nazis isn't hate speech. Saying since you were born a certain way you and everyone like you should be put to death is. It's terrifying that you can't actually tell the difference between those things.

      They censored the one that wasn't even intended to be hateful while allowing replies that were specifically designed to make that child feel bad.

      There is no other possible intent behind her hate screed than spreading hatred and violence against a large group of people who have done nothing wrong.
      Due to her intentional malicious action, people wrote things in response to her unprovoked intentionally malicious actions, intended to make her feel bad for being an intentionally malicious hate monger. That was an effect *she chose to cause* by being a vile bigoted hate mongering little shit. Night and day.

    65. Re:Judges are necessary by cayenne8 · · Score: 1

      This is a private business. They can do what they like.

      I too hope there is no such law, I support her right to say it on every street corner. Just like I support youtubes right to not have to carry this filth.

      True...and I usually argue that point too...but I don't see someone voicing this opinion as 'filth'...and not sure why youtube would ban it....its their choice, but I don't think they should be so quick to silences point of views that might be slightly controversial.....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    66. Re:Judges are necessary by BStroms · · Score: 1

      I haven't seen the video in question, so I'm withholding judgment on it, but I think it's possible to say something is morally wrong without it being hate speech. I think lying is morally wrong, but I admit to lying fairly frequently, and suspect most everyone I know does as well. It doesn't bother me in the least being around liars or being friends with them. I certainly don't hate them in the least.

      With that being said, even if saying lying is morally wrong might upset some liars, and might not be the most open-minded thing to say, semantically I don't see how it can be hate speech if hate neither motivated the speech nor was called for in it. If someone else made a similar claim about same-sex marriage, even if I disagreed with them, I wouldn't call it hate speech.

      That said, hate speech or no, I fully agree that youtube has every right to remove it.

    67. Re:Judges are necessary by Anonymous Coward · · Score: 0

      Youtube is private property. They can do whatever they want on their property. There is no such thing as "freedom" on private property, especially no "freedom of speech".

    68. Re:Judges are necessary by Anonymous Coward · · Score: 0

      When enough of our communications goes through private businesses, we lose our ability to practice free speech. What if your ISP started censoring your posts as you made them? And their competitor (if you're lucky enough that they have one) did the same? And the phone company had someone listening in and bleeping you out when you said something disagreeable? Or printer manufacturers required you to sign a license agreement that you wouldn't print out certain political statements? Or pen manufacturers required the same, and sued you if you wrote something you shouldn't?

      Yes, these examples get steadily more ridiculous. But at the end of them, there is an absence of free speech. At the start, there is total free speech. When Youtube censors videos, we've taken the first step away from that start.

    69. Re:Judges are necessary by chrismcb · · Score: 1

      If Youtube wants to screen content, then they can train their employees to delete what they find unacceptable.

      It isn't youtube that wants to screen content. It is the content owners who don't want Youtube to make money off their content.

    70. Re:Judges are necessary by Anonymous Coward · · Score: 0

      You could be wrong and not proving anything as a consequence.

    71. Re:Judges are necessary by chrismcb · · Score: 1

      Are you saying people shouldn't hate? I don't see the difference between hating a whole group vs 1 person. I mean yes I know the difference. I think someone is an idiot if that hate a whole group because that groups face is white on the left and black on the right. BUT I believe it is there right to hate that group AND it is there right to make speeches about that hate. I may not like what you say, but I stand by your right to say it

    72. Re:Judges are necessary by Anonymous Coward · · Score: 0

      You're not allowed to post a video about the Chinese Communists (are there any left? I imagine the current government would crack down on anarchists like that) and how much they suck because they are Chinese. Get it yet?

    73. Re:Judges are necessary by chrismcb · · Score: 1

      But doesn't that mean youtube loses its safe harbor, if they start to pick and choose?

    74. Re:Judges are necessary by chrismcb · · Score: 1

      Her opinion is hate speech.

      So?

    75. Re:Judges are necessary by wisnoskij · · Score: 1

      Hate and a hate speech can be an opinion, many laws would still condemn it.

      --
      Troll is not a replacement for I disagree.
    76. Re:Judges are necessary by Hentes · · Score: 1

      It would be perfectly fine if that was true, but it isn't. The DMCA and other copyright laws make Youtube legally liable for their users' actions, thus they are not free to show what they want and not what they don't.

    77. Re:Judges are necessary by Anonymous Coward · · Score: 0

      I believe Jesus submitted a DMCA Removal Request resulting in the takedown. When countered with the argument that it was in the Public Doman he simply responded "The Public Domain is *MY* Domain"

    78. Re:Judges are necessary by Mia'cova · · Score: 1

      They review flagged videos. Every action is a one-off. This result is expected and not at all surprising. Trying to build an argument around hypocrisy here is just misleading.

    79. Re:Judges are necessary by Anonymous Coward · · Score: 0

      because it is the niggers who feel "owed" something whenever they dont get their preferential treatment, The others can laugh at themselves and dont care about something that happened to their ancestors, but has no effect on their lives.

    80. Re:Judges are necessary by ganjadude · · Score: 1

      ok, someone makes the claim that homosexuality is wrong, believe it or not, it is NOT hate speech

      Others replied with death threats and other miserable responses, which is worse? me saying that I find homosexuality to be wrong (I dont) or you telling me you want to cut my throat for saying so? (an actual comment on said video)

      Personally, I find the idea of "haate speech" or "hate crimes" to be unfair, as it changes the crime based on skin color or other identifiers, the same identifiers that said identifies want to be ignores because they want to be equal, but if you cant see that someone expressing their beliefs based on their religion is different from wishing death upon a particular person, there is no hope for you

      --
      have you seen my sig? there are many others like it but none that are the same
    81. Re:Judges are necessary by thePowerOfGrayskull · · Score: 1

      Because none of those words have the same starkly emotional impact across such a wide demographic.

    82. Re:Judges are necessary by ganjadude · · Score: 1

      so...you are telling me if a black man walks into a store and starts yelling about how he hates whitey, The owner can kick him out and not serve him?

      while I agree with you, If you REALLY think that it wouldnt be taken into court, or at bare minimum al sharpton wouldnt be all over you for your "racism" you are mistaken

      --
      have you seen my sig? there are many others like it but none that are the same
    83. Re:Judges are necessary by ganjadude · · Score: 1

      Darby, I have an honest question for you.

      do you spend as much time putting down the people of other religions, who want to say, kill americans simply for being american?

      if the answer is yes, That I am fine with your comments, eventhough I disagree with them (as an atheist no less) But if you dont hve as much hatred for the "other religions" as you do the christians, than I will say what you are saying is hate speech, based on your own definition of the act.

      which is it?

      --
      have you seen my sig? there are many others like it but none that are the same
    84. Re:Judges are necessary by ganjadude · · Score: 1

      we dont hate anyone, we simply wanna be left the hell alone to do what we want to in the privacy of our own homes without interference.

      --
      have you seen my sig? there are many others like it but none that are the same
    85. Re:Judges are necessary by ganjadude · · Score: 1

      if she only gave her opinion based on her beliefs as a christian, than yes, other christians who were not spounting off hate speech (and neither was she, even if I dont agree with her) ARE threatened.

      --
      have you seen my sig? there are many others like it but none that are the same
    86. Re:Judges are necessary by ganjadude · · Score: 1

      as long as he didnt name his son sue

      --
      have you seen my sig? there are many others like it but none that are the same
    87. Re:Judges are necessary by Anonymous Coward · · Score: 0

      YouTube has a constitutional right to decide not to host content that violates their own community standards. Nobody's rights were violated. That 16-year old girl can make her own webpage and host her opinions there all she wants.

    88. Re:Judges are necessary by Anonymous Coward · · Score: 0

      +36billion & change!

    89. Re:Judges are necessary by Anonymous Coward · · Score: 0

      That's just silly. That person was giving his opinion on a book, one which is full of hateful ideas itself (and is it hate speech to speak badly of, e.g. Mein Kampf?) whereas that girl was promoting withholding rights from people due to their sexual orientation. Maybe you don't think that's hate, but I say it is you who is blind to logic if you are blind to that.

      I'm sure a long time ago most people wouldn't have considered vocal racism to be hate speech either. Some people probably genuinely think that rape and infanticide are okay too. These are all also supported by the bible to varying degrees:

      - Thus saith the LORD of hosts ... Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ***. (1 Samuel 15:2-3)

      - Happy shall he be, that taketh and dasheth thy little ones against the stones. (Psalms 137:9)

      - Samaria shall become desolate; for she hath rebelled against her God: they shall fall by the sword: their infants shall be dashed in pieces, and their women with child shall be ripped up. (Hosea 13:16)

      - Their children also shall be dashed to pieces before their eyes; their houses shall be spoiled, and their wives raped. (Isaiah 13:16)

      I hope this illustrates to you why I don't consider it hateful to describe the bible as something like - or perhaps more colourful than - 'a book of myths'. What logic are we blind to in condemning someone who promotes hateful ideas? I don't care what sources you cite or what religion you follow, your opinions are ultimately your own and you have to take responsibility for them, and if they are hateful, you are a bad person and I will not feel guilty for calling you out on it.

    90. Re:Judges are necessary by Anonymous Coward · · Score: 0

      She is allowed to read hateful nonsense from her bible as much as she likes. She can do that to her hearts content. Google does not have to provide a medium through which she can do that more effectively though. If I owned a small video sharing website, I sure as shite wouldn't want any videos like that to be on it when it was associated with my name. I would consider that an abuse of my system. People like that can say whatever horrible things they want in their own homes, or out on the streets, but I don't have to help them achieve the goal of spreading their hate, and neither does Google.

      This girl offending me (and many others) gives me no right to "harass" her, but it gives Google the right to deny her the service they would otherwise have provided. The principle of free speech has not been compromised. Google has no legal responsibility to provide a platform for hate speech, and in fact I would argue that they have a social responsibility to not show hate speech.

      Do you think Voltaire was talking about this? Do you think he would be throwing a hissy-fit over some girl being denied use of a service which she has no fundamental legal right to in the first place? If she can find a video website which doesn't care what she posts - and there are many - then she can go ahead and do that.

    91. Re:Judges are necessary by Coren22 · · Score: 1

      That is exactly how it works too, we all look down on the KKK for being bigots, but they can say what they want even if we disagree.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    92. Re:Judges are necessary by Coren22 · · Score: 1

      Your right to post death threats ends where my right to run the web site of my choice begins.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    93. Re:Judges are necessary by Anonymous Coward · · Score: 0

      Lev. 20:13, "If there is a man who lies with a male as those who lie with a woman, both of them have committed a detestable act; they shall surely be put to death. Their bloodguiltness is upon them"
      Sounds like a death threat to me.

    94. Re:Judges are necessary by Anonymous Coward · · Score: 0

      The only problem with your logic is this: we as a country, in our system of government, have decided that gays are to be allowed to be considered a group of people who are protected. This opinion is now classed as one threatening a protected group of people. As such, it is by definition hate speech.
      You have a point that the comments on the video should have been taken down with the video itself. It's unfortunate that religious speech here become hate speech, but there it is.
      Now, your religion is wrong, and here is why. We have a whole segment of society who find the same sex attractive. You will argue that they are just being obnoxious and doing it to be difficult, something along those lines. It's all you can do. However, it will be found that the condition arises out of a biological context, whether that context is abnormal, or whatever you call it, is opinion. But once it's found to be biological, your entire point is completely ruined. This is why: If "God" created them that way, then guess who screwed up in your religion's context? Oh yes, oops. You can't say "God" screwed up, so what will you say then? You will be ruined.

    95. Re:Judges are necessary by hesaigo999ca · · Score: 1

      What is the difference between hate speech and death speech again...I am confused.

      >Hey assh*le wait till i catch u....

      >Hi there c*nt, what do you think I want to do with you...

      Both are vile and lead you to "thinking" what might happen, yet nothing wrong was said, but the intended intention of the action is what is offensive...
      So if I look at your girlfriend with a very maniacal look rubbing myself, I am not doing anything wrong .....or am I?
      I think if they are going to delete a video because of a reason as being unacceptable, then delete all the comments as well.
      End of story.

    96. Re:Judges are necessary by Mister+Whirly · · Score: 1

      Yes, any private business would have that right. Haven't you ever seen the "We reserve the right to refuse service to anyone at any time for any reason" signs up in businesses before? A private business is just like a private residence in that regard - a private business is not a public place and has different rules.

      --
      "But this one goes to 11!"
  8. Simple by TheDarkMaster · · Score: 5, Insightful

    Google only need to send the bill to the RIAA. And only do the job if the RIAA pay.

    --
    Religion: The greatest weapon of mass destruction of all time
    1. Re:Simple by Anonymous Coward · · Score: 0

      That's the most sensible thing I've seen her so far. If the RIAA and the MPAA want everyone to screen for content then they should pay for the service.

    2. Re:Simple by Scarred+Intellect · · Score: 1

      And the cost of purchasing legitimate copies goes up.

      Which leads to more pirating.

      Which leads to higher costs to combat the pirating.

      Which leads to higher costs to the RIAA.

      And the cost of purchasing legitimate copies goes up.

      ad infinitum

    3. Re:Simple by Anonymous Coward · · Score: 1

      Since copyright infringement apparently "costs" the music industry 50 bajillion gazillion dollars per year, presumably the MPAA would get a similar amount back by Google introducing such screening. So I'm sure $37 billion would be pocket change to them after this is introduced, and they'd be happy to pay... right?

    4. Re:Simple by causality · · Score: 1

      And the cost of purchasing legitimate copies goes up.

      Which leads to more pirating.

      Which leads to higher costs to combat the pirating.

      Which leads to higher costs to the RIAA.

      And the cost of purchasing legitimate copies goes up.

      ad infinitum

      You say that like it's a bad thing.

      At some point the copyright cartels need to learn to be satisifed with the billions they are already making. Why, if they quit spending so many tens of millions to run anti-piracy campaigns, filtering, lawsuits against grandmas and children, and to purchase new draconian laws, they'd have even more cash in their pockets!

      --
      It is a miracle that curiosity survives formal education. - Einstein
    5. Re:Simple by Anonymous Coward · · Score: 0

      Sounds like the RIAA's problem. Still.

  9. So it has come to this. by Gideon+Wells · · Score: 1

    One of my jobs is a photographer. I make videos too. I generally see copyright as a good thing. However, I'm also a realist. Piracy is bad, m'kay. However, at this point fighting piracy like this is going to do as much if not more harm to our economy and/or culture.

    --
    by Anonymous Coward: I, for one, welcome the shift from car analogies to pizza analogies. um.. overlords?
  10. RIAA by SailorSpork · · Score: 1

    I'm sure the RIAA would be happy to pay the salaries of all the pre-screeners once they have used this to stop piracy and get all that extra revenue.

  11. Retarded analysis by rgbrenner · · Score: 4, Insightful

    The article says only judges are qualified to screen content, and the average judge in Silicon Valley gets paid $177,454

    So let's see:
    1) Judges are not required. You can TRAIN people.
    2) and those people you train can be ANYWHERE -- including INDIA where Facebook's screeners are
    3) and those Indian screeners definitely do NOT expect $177,000/year
    4) and you can use software to help screen content, which Youtube already does to block content it has removed from being re-uploaded.

    The article did get one thing right: the analysis is absurd

    1. Re:Retarded analysis by Anonymous Coward · · Score: 1

      1) Judges are not required. You can TRAIN people.

      By sending them to law school, having them pass the bar exam, getting them appointed as a federal judge and then having them specialize in copyright issues.

      You see, the second you say "it's okay for a private person to decide whether or not you're breaking the law" you expose copyright for the sham it truly is.

    2. Re:Retarded analysis by Spad · · Score: 1

      Still, nearly 200,000 people just to pre-screen Youtube videos? That's over 6 times as many employees as Google currently has, even if you're only paying them $10,000/year that's $2bn just to make sure that, on average the videos being uploaded to Youtube don't possibly maybe infringe on some guy's copyright somewhere - and it probably wouldn't even be 100% effective.

    3. Re:Retarded analysis by rgbrenner · · Score: 1

      Youtube is NOT there to enforce your rights. That's what courts are for. A private business is not there to determine if your video is legal or not.

      They are free to decide what they think is acceptable. If Youtube does not want videos that display violence, radical speech, etc, etc -- it is free to do so, even if that video is legal.

    4. Re:Retarded analysis by rgbrenner · · Score: 1

      $10,000/year?! That's way over the standard pay. Facebook pays $1/hour

      So that's $2000/year (assuming 40/hour weeks.. even though you could probably have the Indian employees work 12+ hours/day)

    5. Re:Retarded analysis by Anonymous Coward · · Score: 0

      Yeah, using other people's video's and music as bait to data mine my personal information for huge profits is Google's god given right!

      They shouldn't have to worry about anyone else other than their shareholders.

    6. Re:Retarded analysis by h4rr4r · · Score: 1

      Why should Google pay so little? They are a private business. If they want to pay $200k/year/head to screeners and then bill the RIAA that is their right.

    7. Re:Retarded analysis by tycoex · · Score: 1

      Exactly. Youtube is not there to enforce the law. That's what the courts are for. As you said, they are not there to determine if a video is legal or not, and therefore they are not there to remove videos that may be copyrighted.

      They are free to decide what they think is acceptable. If Youtube does not want to remove videos that may be copyrighted -- they are free to not do so.

    8. Re:Retarded analysis by rgbrenner · · Score: 1

      * You signed up knowing they were going to data mine your video and user data.

      * They have a legal duty to worry about their shareholders above all other parties

      * There's nothing illegal with data mining

      So what's the problem?

    9. Re:Retarded analysis by sjames · · Score: 1

      The problem is, the courts won't care later if some guy who makes less than minimum wage is 'pretty sure' it's fair use. That and I'm sure poorly paid workers in India are up on all the latest bubblegum pop coming out in the U.S.

      But let's go with $17K/year employees instead. Now it 'only' costs 3.4 billion (yes, billion with a B) a year .

      That's just for youtube. If you add everyone else's costs to the mix, even at the 17K/year pay scale it exceeds the total value of the thing being protected.

    10. Re:Retarded analysis by rgbrenner · · Score: 1

      Yes, I agree. Youtube does not need to filter videos at all. They can wait for the DMCA take down notice, and comply with that.

      I have no idea why they would ever agree to filter videos and pay for it out of their own pocket, and risk being sued if they remove the wrong video for copyright infringement.

    11. Re:Retarded analysis by rgbrenner · · Score: 1

      No, stick with the $1/hour Indian screeners.

      When an Indian screener decides a video MAY need to be removed, the video is sent to a more skilled, normally paid screener working in the US. This US screener decides if the video warrants deletion.

      This is Facebook's standard practice.

    12. Re:Retarded analysis by David+Chappell · · Score: 1

      1) Judges are not required. You can TRAIN people.

      By sending them to law school, having them pass the bar exam, getting them appointed as a federal judge and then having them specialize in copyright issues.

      You see, the second you say "it's okay for a private person to decide whether or not you're breaking the law" you expose copyright for the sham it truly is.

      I think the point is that you don't need enough federal judges to watch every minute of video. You would set up a heirarcy of workers with increasing qualifications. Most of the workers would have gone through a few days of training. They might sort the videos into two piles: those with no third-party material, and those with some. The workers on the next level might sort those with some third party material into those which probably constitute fair use, those which almost certainly do not, and the borderline cases. The borderline cases would go to someone with formal legal training.

    13. Re:Retarded analysis by sjames · · Score: 1

      Now we just have to immerse the Indian workers in U.S. pop culture so they can recognize the violations. Then there's trhe training costs. Perhaps they can bootleg a satellite feed or two. All that taken together and you're still spending close to a billion a year.

    14. Re:Retarded analysis by rgbrenner · · Score: 1

      They'll be watching youtube for 12+ hours a day, filled with music videos, and clips of TV shows. What more immersion would they need?

      The only danger would be basing them in a country so close to Afghanistan. Once they go insane from watching Youtube...

    15. Re:Retarded analysis by Anonymous Coward · · Score: 0

      I think what the other AC meant was Google and others are replacing the RIAA as the place where other people's work goes to make a profit for someone else.

    16. Re:Retarded analysis by nabsltd · · Score: 1

      They might sort the videos into two piles: those with no third-party material, and those with some

      This won't work, as essentially every video made is copyrighted somewhere, even if there isn't any "third-party material".

      The question is whether the uploader has the right to distribute what they uploaded, and it is completely impossible to determine based on content alone. As an example, behind-the-scenes footage of a highly anticipated movie might or might not be infringing, yet we know the MPAA would request a takedown.

      The workers on the next level might sort those with some third party material into those which probably constitute fair use

      This also will not work, as fair use is merely a defense. If the uploader is not authorized to distribute the material in the video, then it is infringing, and would have to be taken down. At that point, it is technically a matter for a person fully-trained in copyright law.

      The whole point of pre-screening would be to avoid having to deal with the huge number of DMCA takedown notices and move the staff from that group to the pre-screening group. If videos that have been historically DMCA'd get through (i.e., fairly obvious fair use like dancing toddlers), then Google gains nothing by pre-screening. Seriously, even if Google got the big media companies to pay for this pre-screening, they wouldn't do it unless it overall helped their bottom line, and I can't see any way that it would, especially if you take into account goodwill.

    17. Re:Retarded analysis by The+Raven · · Score: 1

      Cost to have it done in India:

      (
          (
              (
                  (72 hours) / (1 minute) # Content uploaded per minute
              ) * (
                  (1 year) / (1 minute) # Minutes per year
              )
          ) # Content uploaded per year
        / (
              50 * 51 * 60 # Minutes per Indian work-year... ie, how much content one person can screen.
          )
      ) * (
          10 000 (U.S. dollars / year) # Very guesstimated salary for an Indian employee.
      ) = 148 503 181 U.S. dollars / year

      So about $150 million per year to have every piece of content scanned by a human... at current rates. YouTube's rate of content added continues to rise constantly.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    18. Re:Retarded analysis by sjames · · Score: 1

      Unless they know what part of what they're watching is/is not RIAA/MPAA material, it won't help them. Some of the 'valuable intellectual property' out there could just as easily be a school kid playing with a/v software on a PC and Dad's camcorder.

    19. Re:Retarded analysis by Anonymous Coward · · Score: 0

      Well.. the analysis is certainly absurd.. because you'd need at least three times the quoted costs.

      One salary for the judge. One salary for an advocate for the uploader. One salary for an advocate for the copyright industry.

      Anything less is a showpiece. Including what Facebook is doing. You cannot train anybody to screen for copyright violations. Because a copyright violation requires, first obviously, copyrighted material. But second, not quite so obviously, a lack of license to that material. There is no functional difference between a licensed copy and an unlicensed one. Thus, nothing to train your screeners to detect.

  12. I'll do it by Anonymous Coward · · Score: 0

    For $36 billion/year

    1. Re:I'll do it by Sperbels · · Score: 1

      Hell, just do it for an hour and quit. You'll still walk away a millionaire.

  13. Hmm by AdmV0rl0n · · Score: 0

    Google chose to buy Youtube. They were not forced to do so.

    And yes, its a large digital site containing a great deal of theft - whats new?
    Unless copyright owners find variable ways of interacting and embracing on a global scale, its going to remain that way.

    --
    We`re all equal .. Just some of us are less equal than others.
    1. Re:Hmm by cpghost · · Score: 1

      And yes, its a large digital site containing a great deal of theft - whats new?

      Theft? You mean a great deal of files infringing copyright, didn't you? It's not like YT was a robber's lair or something similar, where they keep the stolen original masters of Hollywood films that the pool studios can't find anymore.

      --
      cpghost at Cordula's Web.
    2. Re:Hmm by Anonymous Coward · · Score: 0

      Yey children lets hear it for piracy. After all why those greedy artists don't need copyright or the money. Just like we should give away all software code.

    3. Re:Hmm by Anonymous Coward · · Score: 0

      containing a great deal of theft

      No mod points today, but consider this a -1 for douchebaggery.

      Say it - 'copyright infringement'. Say it now, bitch.

    4. Re:Hmm by Elaugaufein · · Score: 1

      I think you'll find the reason a large amount of programmers are utterly indifferent to copyright is because we effectively give all our code away anyway as far as copyright is concerned, we pretty much all "Work for Hire", our income is dependent on people wanting us to do more stuff that is different to what we did yesterday, rather than doing the same thing, whether or not copyright covers our work makes ~0 practical difference to us.

    5. Re:Hmm by briniel · · Score: 0

      Newsflash Hollywood is dead. That is if something that was already dead can die again. Look at how they are currently raking it in, big budget action flicks like The Avengers. A last hurrah before personal computing power allows the average Joe to create just as special effects at home. Goodbye Hollywood, you certainly made up for your lack of originality with stylish marketing but now it's time for the next level.

  14. Let them clamp down on it all... by N0Man74 · · Score: 4, Interesting

    I want to see the MPAA and RIAA clamp down on everything we do online. Let them start taking down mere references to copyrighted works, little kids posting videos of themselves dancing or singing a popular song, takedowns of birthday party videos where a song happens to be playing on the radio in the background, videos with samples and soundbites, music and video reviews, and book reports. Take it all down!

    I mean that's where it's headed already, so I say let them continue until the average person realizes what utter bullshit it is and demands that lawmakers end this bullshit and legislate them back to the stone ages and bring an end to the abomination that is the modern state of copyright.

    If there's one thing the US is good at, it's overreacting and over-legislating once we find our boogeymen and the average person starts getting pissed off. Let it work for the good for once.

    Ok, this probably will never happen, but a guy can dream, can't he?

    1. Re:Let them clamp down on it all... by gstoddart · · Score: 1

      I want to see the MPAA and RIAA clamp down on everything we do online.

      That's what ACTA is for.

      Let them start taking down mere references to copyrighted works

      Didn't someone already get extradited from the UK for exactly that?

      little kids posting videos of themselves dancing or singing a popular song, takedowns of birthday party videos where a song happens to be playing on the radio in the background, videos with samples and soundbites, music and video reviews, and book reports

      Them too.

      bring an end to the abomination that is the modern state of copyright

      Yeah, right. Sorry, but the US has hung its fortunes on IP, and their lobbyists pay the lawmakers far too much for that to happen. They're not going to give up the millions in 'contributions' this nets them.

      --
      Lost at C:>. Found at C.
    2. Re:Let them clamp down on it all... by cpu6502 · · Score: 1

      >>>I want to see the MPAA and RIAA clamp down on everything we do online..... until the average person realizes what utter bullshit it is and demands that lawmakers end this bullshit
      >>>
      That's how I feel about President Obama.
      I hope he wins reelection.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:Let them clamp down on it all... by The+Raven · · Score: 2

      Because that worked so well for marijuana. Oh wait, we just rolled over and took it when they demonized and outlawed it in the middle of last century.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    4. Re:Let them clamp down on it all... by Anonymous Coward · · Score: 0

      Funny, I hope Ron Paul wins for the exact same reasons. ;)

    5. Re:Let them clamp down on it all... by N0Man74 · · Score: 2

      Marijuana is a bit different. While I think it should be legalized as well, drugs are seen by the general populace (right or wrong) as being bad. At best, many see marijuana as "less bad".

      I really have trouble believing that we are going to convince the general populace that posting your 10 year-old's birthday party, which includes singing "Happy Birthday" as they blow out the candles, is a valid crime. They are are destroying so much of "fair use", and extending copyrights to such absurd lengths, that it is hard for me to believe that there won't eventually be a public backlash as more and more people become hit by it.

    6. Re:Let them clamp down on it all... by The+Raven · · Score: 1

      I think you misunderstand... people did not see marijuana or smoking as bad at all in the first half of the 20th century. It was normal. It was far more acceptable than drinking for a while (there is a reason the prohibition amendment passed). It's certainly different than copyright now... but give them 50 years, and you can be damn certain that those 'dirty hippie copythieves' will be just as demonized.

      "This is your brain on ThePirateBay. Any questions?"

      "Where did you get this stuff? Who taught you to torrent?" "You! I learned it by watching you!"

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
  15. God help them with the Christmas Special by Impy+the+Impiuos+Imp · · Score: 2

    Oh, poor Google -- Imagine the long-term disability costs of inssane asylums for unfortunate employees when asses start deliberately uploading Jar Jar scenes.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:God help them with the Christmas Special by NerdmastaX · · Score: 1

      youusa no pay me 36 billion?

  16. Re:Crowdsource the effort by Hentes · · Score: 1

    But if you crowdsource it will be postscreening not prescreening.

  17. Re:Crowdsource the effort by localman57 · · Score: 1

    Who's going to flag copyrighted material? Most people want to watch copyrighted material, not have it removed. Except for the stakeholders. Who have people who watch for the content, then flag it for removal.

    What you've just described is, in theory, pretty much how the DCMA works.

  18. Re:Crowdsource the effort by chazchaz101 · · Score: 2

    Um... Youtube has had a flag this option for a long time now.

  19. Re:Crowdsource the effort by Spad · · Score: 0

    Fuck you, why should I have to spend my time checking to see whether content on Youtube is infringing some foreign company's copyright? Your time may be free, but mine sure as hell isn't.

  20. If the RIAA/MPAA are prepared to pay for this... by Simon+Brooke · · Score: 1

    ... what's the problem?

    NOTE: this post may contain traces of sarcasm.

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
  21. Highly advanced science by Anonymous Coward · · Score: 0

    There are three major heuristics involved in creating a porn detecting algorithm:

    • Color histogram. Looking for heavy amounts of peach, pink, occasionally yellow and brown.
    • Motion detection. This can be further broken down into speed, vector, and repetition.
    • Sound fingerprinting. Not perfect, sometimes hits false positives on pop music, tennis, or weightlifting.

    Unfortunately, it's more difficult to reduce TV or movies to such a heavily formulaic corpus.

    1. Re:Highly advanced science by Anonymous Coward · · Score: 0

      You're just guessing things that would work so-so.

      Many people have tried doing what you suggest, with lackluster results.

  22. Re:Crowdsource the effort by Sarten-X · · Score: 5, Insightful

    That poster on the wall behind the baby is copyrighted, so posting the video is infringement. Since the baby is repeating words from a copyrighted TV show, that's another violation. The hardwood floor the baby's sitting on was artistically arranged by the construction crew, and its artistic value must be preserved! While the baby's showing off his brilliance, a delivery man rings the doorbell, which plays a two-note sequence that's also used in a song from 1953, so that's another infringement.

    With so many infringements of copyright, the violations are obviously willful, and the poster should be sued.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  23. Have the US government pay for it... by Anonymous Coward · · Score: 0

    Google is too big to fail. It is like McDonald's, Olde English 800, and GM. Americans can't live without it.

  24. they don't care by Anonymous Coward · · Score: 1

    the media companies goal is not primarily to protect their ip their goal is to kill a more successful distribution method.

  25. hollywood account is stealing by Dan667 · · Score: 1

    where is the big push to enact laws to stop it? And it is not just stealing from people like directors and writers, it is stealing directly from US Taxpayers.

  26. Piracy creates jobs! by Anonymous Coward · · Score: 0

    Seems like the American public should really get behind this!

  27. More reasonable figure by Rageaholic · · Score: 1

    Taking someone's more reasonable suggestion of Indian outsourcing, and training people to do the job rather than using judges:
    It was difficult to find an average Indian call-center salary, so lets use Rs 300k. This was at the upper end but using the high figure makes some allowance for training and other costs.
    This is $5610.
    Of course you may want differing levels of staff, and can use some software. I would say using a system of software flagging, geared to hit more false positives than risk missing something followed by a review by a human, with a system for them to refer it to someone more experienced/qualified if its not straightforward could reasonably cut the hours requirement in half. So, 199584/2=99792.
    Multiplying this by the much more reasonable salary gives 99792 * $5610 = $559,833,120.
    Still a hell of a lot of cash, but probably not unaffordable to Google.

    1. Re:More reasonable figure by nabsltd · · Score: 1

      Still a hell of a lot of cash, but probably not unaffordable to Google.

      It would be overall better for Google's bottom line to just buy one of each of the movie and recording companies and break them off from the MPAA/RIAA.

  28. Re:Crowdsource the effort by internerdj · · Score: 1

    Why isn't the content industry responsible for this? If I go to Walmart, then Walmart pays people to watch the cameras so I don't walk out with a big screen tv under my shirt. It is considered part of the cost of doing business. How does the entertainment industry get away with pushing the costs of discovery on the government and other companies? (I do know the answer is paying congress.)

  29. I guess two can play at that game... by MikeRT · · Score: 1

    $37B is also, IIRC, about equal to the annual income of both the recording and movie industries combined in the US...

    I suppose this number has value for making a point, but in terms of practicality it is barely more meaningful than the "studies" which assume that 1 download = 1 lost, guaranteed sale. Why? Because if the legal regime were even remotely positioned to impose this sort of cost on free services, they'd fold overnight. Larry Page would be booking 100mph from his office to their nearest data center in his Tesla to personally shut down Youtube post-haste.

    I get and sympathize with the propaganda value of this "study," but let's be realistic:

    1. Probably only about 25% of all pirates have both the means to buy a good and would buy it if piracy weren't an option (contrary to the views of both sides).
    2. In the real world, Google would either fold its operations at YouTube or would simply ratchet up the automated scanning algorithm to "guilty until proven innocent via human review."

    (and 2b, Google would buy out half of Congress to make filing a false DMCA complaint be strict liability, that is absolutely no criminal intent required in order to do hard prison time for "getting it wrong.")

  30. Re:Crowdsource the effort by NerdmastaX · · Score: 1

    That poster on the wall behind the baby is copyrighted, so posting the video is infringement.

    With so many infringements of copyright, the violations are obviously willful, and the poster should be sued.

    the poster of the video or the poster on the wall?

  31. Legality by Anonymous Coward · · Score: 0

    This just confirms what we've known all along. Youtube business model is unsustainable.

    If you have no way of ensuring your site is legal, you shouldn't run the site. Simple as that.

    1. Re:Legality by cheekyjohnson · · Score: 1

      Whelp, there goes the internet. No one has a way to ensure anything unless they're perfect beings with the ability to magically identify copyrighted content.

      But that's okay. They should be defending another person's copyright for them, anyway!

      --
      Filthy, filthy copyrapists!
  32. Do it. by Anonymous Coward · · Score: 0

    Do it. Charge the RIAA/MPAA/etc for it, plus what, 10-20% fee.

    Sounds fair to me.

  33. This argument goes not support youtube by goombah99 · · Score: 4, Interesting

    Just because due diligence would kill the market does not mean it should not be required.

    for example, if I am mining potash to make fertilizer and in doing so am spewing gobs of arsenic and uranium over NY city, I can't say, well the cost of not doing that would make my fertalizer cost $500 a pound. Ironically, this is an interesting example: potash fertilizer mining has exceptions for allowed uranium release. But still it's regulated and that regulation causes costs.

    At one time steamships were having boiler explosions at an alarming rate. Despite the deaths and cost of repairs it was still economically better to use cheap boilers than pay for better ones. The US instituted standards and inspections, and even forced owners to pay for inspections. This drove up the cost of shipping in the short run.

    The same was true of the train industry. Indeed deaths and poor working conditions are what led to the formation of the first US trade unions.

    In both cases it was claimed that due diligence would put the industry out of bussiness. it didn't. Costs were higher, yes.

    But the problem here is one of externalities. Youtube is infringing on copyrights and making money by not having to pay for that infringement. that's the same as me polluting and not having to pay the consequences.

    The starting place for the negotiation needs to be not starting with zero and working up, but starting with the maximum cost and working down. This makes it incumbent on the infringer/polluter to come to the table.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:This argument goes not support youtube by Sniper98G · · Score: 4, Insightful

      So your argument here, is that poisoning and killing people is the same as copyright infringement?

    2. Re:This argument goes not support youtube by Anonymous Coward · · Score: 0

      So your argument here, is that poisoning and killing people is the same as copyright infringement?

      No, I think he is arguing that Boilers dont' kill people, people kill people.

      By the way, Sniper, your username is wildly appropriate to a discussion of trivializing moral equivalences.

    3. Re:This argument goes not support youtube by mooingyak · · Score: 1

      So your argument here, is that poisoning and killing people is the same as copyright infringement?

      No, that's not his argument. His argument is that the cost of preventing infringement does not excuse the decision not to prevent, nor removes the liability incurred from infringing.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    4. Re:This argument goes not support youtube by Anonymous Coward · · Score: 0

      An idiot would get that from his statement. A normal person would get 'you don't get to stomp on other peoples rights just because it is convenient for you to do so'.

    5. Re:This argument goes not support youtube by Anonymous Coward · · Score: 0

      No, his argument is that sometimes reality doesn't support your business model and you should go find a new business model rather than attempting to use the courts to protect your obsolete industry.

      Oh wait...

    6. Re:This argument goes not support youtube by EdIII · · Score: 4, Interesting

      While it is an interesting argument, it is still fundamentally flawed.

      YouTube is not the one performing the copyright infringement. "They" don't like to hear this, but "They" are required to control and defend their copyrights, and nobody else.

      To say that YouTube needs to verify every single possible iota of content for proper use of legal entitlements is just plain crazy. That would be like IHOP being required to frisk you down, take your smartphone and tablets, and then somehow check to see if you have the legal entitlements to all IP on your person. I say somehow, because the logistics of identifying the copyright holder, contacting them, and the copyright holder even assessing the truth is damn near insurmountable.

      No.

      It needs to be a system where the copyright holders are responsible for administering the copyrights that we, The People, gave to them. I don't think society would have decided to give them those copyrights if they were going to go all psycho-batshit-nuts and started conscripting large groups of citizens into their private copyright armies to terrorize the masses.

      At some point, enough is enough, and it no longer serves the original purpose, which was to enrich society by providing a stream of valuable content for the Public Domain.

    7. Re:This argument goes not support youtube by actiondan · · Score: 5, Insightful

      >Youtube is infringing on copyrights and making money by not having to pay for that infringement. that's the same as me polluting and not having to pay the consequences.

      No it's not. There are some similarities but there are also differences.

      Youtube is a middleman between content uploaders and content viewers. In your polluting example, you are not a middleman. Would you make a waste company responsible for pre-screening every load of waste they pick up from a customer to deliver to the dump to ensure it does not have any illegal waste in it?

      Forcing youtube to screen content could have terrible consequences for all websites that act as conduits between their users (slashdot being an example) - could Slashdot afford to pre-screen every comment here for copyright violations, libel, hate speech or other illegal acts?

      Right now, such sites can operate on the basis of removing content when there is a complaint. Forcing pre-screening (presumably with penalties if violations slip through) could prove costly.

    8. Re:This argument goes not support youtube by lcam · · Score: 1

      While I am going to be generous with your main points. I would like to point out that your insinuation is that Google does not take action to protect IP of other bit names. I would like to put two points on the table to correct that insinuation as well as present another less bias viewpoint.

      1. It's not Googles job to proactively and voluntarily pick up the omis probandi and volunteer resources to screen potentially protected material on behalf of big names. If an agreement between Google and those big names is reached wherein Google agrees to perform some task on their behalf, probably for a fee, then so be it. But until then, protection of ones IP remains the task of whomever is claiming such rights. That is done by the IP claimant declaring infringement and sending a takedown notice to Google, or accessing the Google interface they already have and taking the material down using that tool.

      2. I have no evidence to suggest that Google turns a blind eye to takedown notices. Much to the contrary, the issue here being a proactive stance by Google to perform tasks on behalf of the IP holder without their direct participation. How such a pro-active stance get's implemented is a technological issue that will need to be developed. It's safe to say that both Google and IP holders will be involved in the sharing of the initial costs that are associated. But it's likely to be the end consumers who will end up paying. So let's challenge the presumption that Google will be footing the bill by themselves. The total cost estimate we are given is not likely to be paid exclusively by Google. So yes, in part my point does support some of your points regarding imposed expenses that will end up working.

      While your environmental analogy does depict an initially reasonable comparison, it is flawed for at least 3 reasons, my points go beyond the scope of the issue with Google, but perhaps can be viewed when considering the issue as a symptom:

      1. Environmental abuse has results that are suffered directly by everyone nearby. IP infringement does not, financial damage is felt mostly by IP holder. While IP holders may claim that everyone suffers, but it's their pocketbook that they work to fatten with such claims. Rather then updating their business model to suite the times, they want to impose the outdated business model on everyone even those of us that do respect their IP so that they may "tighten the noose" on everyone so they may catch the few that may actually be infringers. Why can they not find the noose that achieves their objectives without making everyone else pay for their gain? When viewed from this angle, they are doing the equivalent of polluting the environment at the expense of everyone who depends on it. The environment in this case being the free nature of the internet. Why should we permit this internet environment be polluted by bureaucracy, cost or other incumbencies for their gain? Having said all that, I still have hope they can succeed without damaging the "internet" too much.

      2. Environmental abuse causes real world problems that can effect people in a physical/bodily way. IP infringement is more a theoretical damage. The value of money is imaginary in nature, it relies on the faith everyone has that there is value. So it can be viewed, that monetary damages are very different from health issues or physical damages. It is this declension of the fundamental difference of what is real and what is imaginary that your argument erroneously presumes.

      3. A certain amount of corruption is inevitable, whether in government or in consumerisms or environments whether natural or otherwise. For any reasonable argument to be made regarding piracy, consumer corruption, which is also thievery or the likes, should we not also balance ourselves with an equal push for a reduction in other types of corruption, like bribery or nepotism in government? Why is it that the liberties of people must be stepped on even while there are much much more efficient ways to promote prosperity, even for IP claimants, by examining corruption in governing entities or other institutions?

    9. Re:This argument goes not support youtube by misexistentialist · · Score: 1

      So we start with the cost of 100 quadrillion dollars for the US government to eliminate accidental death, injury, and disease OF THE CHILDREN and gradually negotiate it downwards, allowing $10/year salaries for federally employees? In the real world it's always the minimum, not maximum cost that prevails.

    10. Re:This argument goes not support youtube by lcam · · Score: 1

      Corrections:

      paragraph 1. other bit names => other big names

    11. Re:This argument goes not support youtube by causality · · Score: 4, Insightful

      YouTube is not the one performing the copyright infringement. "They" don't like to hear this, but "They" are required to control and defend their copyrights, and nobody else.

      Amen. If Youtube is "infringing copyright" then so is every ISP, hard drive manufacturer, monitor maker, and speaker manufacturer.

      "Who cares about costs," some say? Obviously hard drive manufacturers should include hardware-based filtering software to make sure nothing copyright is stored on the drives without prior authorization from the media cartels. Yes this would drive up the costs of hard drives, but ... but ... externalities!

      Yeah. I'd rather every copyright be invalidated than live in that world. Far as I am concerned, the copyright cartels already receive enough special treatment. While it's low-brow of me, and I admit that freely, I derive a certain enjoyment from watching how much they scream and cry when they don't get their way. They're really not used to that.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    12. Re:This argument goes not support youtube by Anonymous Coward · · Score: 0

      Just because due diligence would kill the market does not mean it should not be required.

      In a sense, you're right. I don't believe we should, for instance, get rid of due process merely because it's inconvenient.

      But in this case, not only is it near impossible to screen the content, they should not have to. They can take the relevant people to court themselves if they want the content removed.

    13. Re:This argument goes not support youtube by Thruen · · Score: 1

      I see what you're saying, but you're still comparing copyright infringement to conditions that caused death, so you can expect some people to not be able to take it seriously. You're also missing a key factor in that it's not a choice between protecting people and protecting a company, it's a choice between protecting one company or another. Youtube doesn't make all of their money on infringing content and won't go anywhere without it, I agree it's an issue that should somehow be dealt with but saying to one business they're responsible for protecting another wouldn't be fair in any sense of the word. They aren't stealing the content, they are trying to comply with regulations and they take down infringing content as soon as it's found. It's not the same as you polluting and not paying, it's the same as you not cleaning up after people who litter all over your lawn. That's really all we can hold them to unless our government wants to outright support one company (or even group of companies) over another. The government is there for a reason and we can let them regulate things to a degree, but this goes beyond their ability to regulate. Here's where your argument works against you: the only demonstrable damages caused by copyright infringement have been caused by the regulations around it, by the fines associated with it, and by the expenses weighed against our government and therefore our people chasing our own citizens. The music and movie industries have failed to show any actual damages, in fact I'd say when most industries have suffered greatly over the last decade and a half the entertainment industry has held on quite strong. To protect the people, what we need is not more regulation, it's less.

    14. Re:This argument goes not support youtube by firewrought · · Score: 1

      Youtube is infringing on copyrights and making money by not having to pay for that infringement. that's the same as me polluting and not having to pay the consequences.

      Comparing copyright infringement to environmental pollutants... seriously?

      Under your logic, everyone who moves a stream a bytes without checking for pirated goods is "infringing". That includes forums, wikis, game worlds, telecom providers, and every company with a router. At what point do you say... gee, the rights of websites to facilitate a community outweigh the demands of copyright holders? Because if your logic is extended to the real world... you know, physical spaces like churches and parks and shopping malls where random strangers can whisper copyrighted content into each other's ears, distribute copyrighted papers in the parking lot, and transmit copyrighted goods directly between handhelds... then all of these spaces and the communities they provide could be destroyed for the sake of people who play dress-up for a living.

      It's not YouTube's fault if a user uploads copyrighted content. Their obligations should be limited to removing infringing content. Hollywood should be grateful that they do anything proactive at all.

      --
      -1, Too Many Layers Of Abstraction
    15. Re:This argument goes not support youtube by mooingyak · · Score: 1

      YouTube is not the one performing the copyright infringement.

      The infringer would be the person who uploaded the content. I believe YouTube however could be considered to be involved in contributory infringement as they provide a platform for infringement and can be seen to directly profit via advertising revenues from that infringement.

      To say that YouTube needs to verify every single possible iota of content for proper use of legal entitlements is just plain crazy. That would be like IHOP being required to frisk you down, take your smartphone and tablets, and then somehow check to see if you have the legal entitlements to all IP on your person.

      The distinction here is that IHOP does not profit from any infringing IP you might possess when you enter their establishment.

      At some point, enough is enough, and it no longer serves the original purpose, which was to enrich society by providing a stream of valuable content for the Public Domain.

      I agree completely that copyright in its current form has many flaws and needs to be rethought, but I view that as a distinct discussion.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    16. Re:This argument goes not support youtube by Jason+Levine · · Score: 4, Insightful

      Exactly. If I upload a video, how is YouTube going to know automatically that I own the copyrights to it (and all components of it). Sure, if I used some popular song as a major part of the video, they could identify that. I'd have a hard time proving that I have the right to sing Cee Lo Green's Lady Killer in a YouTube video. However, what if I used a more obscure song? Would YouTube know that No More Stones was by Enter The Haggis and not owned by me?

      In addition, what if I actually *got* permission to use a song in the background? Would YouTube automatically deny my video because they know that a song's copyright is owned by someone else (but don't know that I got the appropriate permissions)?

      There is no way that they could do this automatically. They would need teams of people researching the legal history of every video. (And thus wouldn't be able to use $1 Indian workers like Facebook.) Even if they did this, and spent billions doing so, they would *still* make mistakes (deny valid videos, approve infringing ones).

      Of course, the RIAA/MPAA don't care about this. They'd love to see YouTube/Google go under along with every other Internet company out there. Then, we could go back to the "Good Old Days" where the RIAA/MPAA reigned supreme and people had to come groveling to them for their entertainment.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    17. Re:This argument goes not support youtube by Internetuser1248 · · Score: 1

      If Youtube is "infringing copyright" then so is every ISP, hard drive manufacturer, monitor maker, and speaker manufacturer. "Who cares about costs," some say? Obviously hard drive manufacturers should include hardware-based filtering software to make sure nothing copyright is stored on the drives without prior authorization from the media cartels. Yes this would drive up the costs of hard drives, but ... but ... externalities!

      Dude they might be reading this, don't give them ideas.

    18. Re:This argument goes not support youtube by Anonymous Coward · · Score: 0

      You can murder people with hammers and you can illegally share information on Youtube. Should we hold hammer producers responsible for the "murder pollution" that they are causing? That's not a completely perfect analogy, but it sure as hell is a whole lot better than your analogy of equating copyright infringement with train company employees suffering death due to poor working conditions.

      Ignoring your terrible analogy, your real argument is that Youtube is causing externalities for content producers and that all externalities should be internalized to the part causing the externality. That's not very convincing on its own. If I make a good competing movie to a Disney movie, I am also causing externalities to Disney in that they will make less money. Yet we regard competition as the greatest thing ever. Some externalities are just fine. Youtube is making it possible for anyone to share a movie with everyone in the world, making things like Khan University possible. I don't know how that equates to pollution in your mind, but I think at least we can agree that things are not so simple as you attempt to make it seem.

    19. Re:This argument goes not support youtube by Anonymous Coward · · Score: 0

      That would be like IHOP being required to frisk you down, take your smartphone and tablets, and then somehow check to see if you have the legal entitlements to all IP on your person.

      No, a better analogy would be a comedy club being required to check that all 'comedians' on amateur night have the legal rights to the material used in their acts.

    20. Re:This argument goes not support youtube by Anonymous Coward · · Score: 0

      I believe this discussion overlooks the reason that copyright was granted in the first place, protection of economic opportunity to benefit from one's work, and the relationship YouTube (Google) has with the cash flow from advertisers to posters.

      If Google both facilitates the exchange of money to the poster and profits along the way, then they have a responsibility to make sure their system doesn't improperly reward non-copyright holders for posting/publishing copyrighted works.

      If the costs go up, too bad. Let em claw back and redistribute damages from the pirates. I'm sure the MPAA would be happy to form a partnership with them.

    21. Re:This argument goes not support youtube by adolf · · Score: 1

      That would be like IHOP being required to frisk you down, take your smartphone and tablets, and then somehow check to see if you have the legal entitlements to all IP on your person.

      IHOP is an interesting example. Sometimes, IHOP issues special IDs to employees for tax evasion, and the restaurants sometimes get burned down in search of profit.

      Asking these folks to check your IP, legal or not, may not be too much of a stretch. Sometimes, it seems that they're up to no good at all.

    22. Re:This argument goes not support youtube by Agent0013 · · Score: 1

      It needs to be a system where the copyright holders are responsible for administering the copyrights that we, The People, gave to them.

      And from watching how the copyright holders have handled things in the past, they can't even get it right. They claim copyright infringement on videos that they have uploaded themselves. Plus, they certainly don't recognize any form of "fair use", so that can be eliminated to make things easier. I just think it is crazy that they want someone else to police their content when they can't even do it right themselves. Good business model though, push your expenses onto other companies or the taxpayers, and then sit back and rake in the dough.

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    23. Re:This argument goes not support youtube by flonker · · Score: 1

      Just because due diligence would kill the market does not mean it should not be required.

      Google does do due diligence. They call it "Content-id". ( http://www.youtube.com/t/contentid ) I would argue it goes well above and beyond the due diligence that is required of them. It's pretty much an automated version of what TFA is proposing, and does a better job of it.

      With that said, it's impossible to prove that a work doesn't infringe on anyone else's copyright. It's also impossible to prove copyright infringement a priori. You can show that a given work probably infringes someone's copyright on a different work, which is what Content ID does, but you have to be able to compare both works. Furthermore, both parties are claiming copyright to the material. When a user uploads content to Youtube, they are telling Google that they have the right to reproduce that work.

    24. Re:This argument goes not support youtube by goombah99 · · Score: 1

      So what? Were all in agreement it might be expensive for you tube to excersize diligence. That was the point of the story of potash fertilizer. They either have to do it or youtube needs to find a different business model. For example, youtube could profit share with the RIAA and MPAA.

      That might turn your stomach but at present the facts are
      1) they are making money
      2) they would not be making money if they were diligent about broadcasting copyrighted works.

      Just because they are doing it does not give them the right to continue doing it.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    25. Re:This argument goes not support youtube by arose · · Score: 2

      So your argument is that you can't grasp that analogies don't require the actions in question to be of equal magnitude?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    26. Re:This argument goes not support youtube by ganjadude · · Score: 1

      interesting theory, we should sue the HD makers,display makers and hard driver makers frivolously just to make that very point.

      --
      have you seen my sig? there are many others like it but none that are the same
    27. Re:This argument goes not support youtube by ganjadude · · Score: 1

      so do we sue time warner for giving me the internet connection That I use to upload the dirivitive to yourtube? where does it end? with the user, one of the many middlemen?

      --
      have you seen my sig? there are many others like it but none that are the same
    28. Re:This argument goes not support youtube by ganjadude · · Score: 1

      I am not sure I agree with your point 2. As someone who downloads many..many works, I use youtube more for indy stuff, Stuff I might not see if it were not on youtube. Id wager the copywrited stuff I see on youtube is at max 10% of the stuff I see on youtube total.

      --
      have you seen my sig? there are many others like it but none that are the same
    29. Re:This argument goes not support youtube by ganjadude · · Score: 1

      My idea is simple and would stop the majority of bogus takedowns

      If you ask for a takedown, and it comes back that you asked for a takedown on a video that you dont have rights to, you pay 10X the fine, so if posting a video illegally infringing someones work would cost you 10 grand, than the issuer of the takedown notice should be required to pay 100 grand, the fees to the company, in this case youtube and the rest goes to the wrongfully accused.

      --
      have you seen my sig? there are many others like it but none that are the same
    30. Re:This argument goes not support youtube by mooingyak · · Score: 1

      so do we sue time warner for giving me the internet connection That I use to upload the dirivitive to yourtube? where does it end? with the user, one of the many middlemen?

      My gut answer is just YouTube and the end user. YouTube is the one directly profiting from the infringement. Your ISP gets paid whether you infringe or not, but YouTube potentially derives greater revenue from users who infringe. That said, if YouTube is making a good faith effort to prescreen content, their liability should be limited at most to real damages and not the absurd per infringement rate that would put them out of business in short order.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    31. Re:This argument goes not support youtube by L4t3r4lu5 · · Score: 1

      The popular phrase you're looking for here is "A + B + C = X. If X is less than the cost of a recall, we don't do one."

      It's the way big business has always been.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    32. Re:This argument goes not support youtube by pantaril · · Score: 1

      So what? Were all in agreement it might be expensive for you tube to excersize diligence. That was the point of the story of potash fertilizer. They either have to do it or youtube needs to find a different business model. For example, youtube could profit share with the RIAA and MPAA.

      Its currently imposible for youtube to classify all uploaded videos as either infringing or noninfringing. They simply don't have the knowledge of who has the necessary permissions. They coul share profit with RIAA/MPAA in exchange for the right to share their content, but there is still content owned by other parties.

      So are you arguing, that there should be no sites like youtube? No cloud storages, where one could upload his data and share it with others? Are you realy arguing that only content owners should be allowed to host and serve content on the internet?

      In my opinion, the best solution would be to abolish copyright (and find other ways to support creators).

      With copyright, the best solution seems to be to let copyright owners to manage their content. If they see some site infringing on their copyright, they shoud sue it. They did it in case of megaupload for example. So why won't they sue and close youtube? It's a matter of PR. Suing and closing youtube would unleash big public outrage and it would reveal the incompatibility between copyright and the incoming digital age. Media companies know it. They know they are loosing but they want to profit from their dying bussiness model as long as possible. Unfortunatelly, they have money so they can lobby law makers to prolong their death for quite some time.

    33. Re:This argument goes not support youtube by pantaril · · Score: 1

      Forcing youtube to screen content could have terrible consequences for all websites that act as conduits between their users (slashdot being an example) - could Slashdot afford to pre-screen every comment here for copyright violations, libel, hate speech or other illegal acts?

      As some commenters pointed out before me, prescreening content for copyright violation is IMO impossible, because the site you are posting the copyrighted content on has no knowledge if you have or have not obtained the permission to do so.

      If take-down notices initiated by copyright owners are not enough then only copyright owners should be able to post things online (aka internet TV-zation).

      Or we could abolish copyright...

  34. Easy solution by belthize · · Score: 1

    Provide it as a service and charge the benefiting entities i.e the music and movie industry. Presumably it's a net win for them as they get billed X dollars and see an increase of Y revenue. If it turns out Y is less than X they'll change their mind as to the value of their content and the worth of screening.

  35. Re:If the RIAA/MPAA are prepared to pay for this.. by gstoddart · · Score: 1

    . what's the problem?

    Well, the *AAs won't pay for this ... they'll get a law passed that says all internet connections need to be taxed to pay for this in order to keep the world safe from copyright infringement. Then they'll insist on a treaty to make every other country do the same thing or risk trade sanctions.

    Their position is that society should be protecting and guaranteeing their income.

    And, yes, obviously I know you were being sarcastic. But these guys really seem to think like this.

    --
    Lost at C:>. Found at C.
  36. they already do this by argStyopa · · Score: 1

    Meh, I think the systems they have today are pretty impressively sophisticated.

    Uploaded a school video I'd cut together for some local teens, using their video and 3 different (commercial) music clips.

    As soon as I'd uploaded, google told me some content would be restricted in some geographical areas due to licensing for songs X and Y in the video, as well as saying that for the other content, I could use it but viewers would see ads.

    I'm perfectly cool with that, and thought that was impressive, given that the song excerpts were no more than 1:30-2:00.

    --
    -Styopa
    1. Re:they already do this by Anonymous Coward · · Score: 0

      Somewhat impressive. Except that every time I upload 10 minute clips using audio clips from iMovie or final cut, I get 4-5 mails about that too. So I have a textfile with a standard response disputing their claim and a link to the iMovie SLA that specifies that I can use the music and effects. So far, they have backed down, some after 3 minutes others after a month, where they have their ads displayed.

      A process wasting a lot of time and specially since my movies are mostly intended for myself(i use youtube as my video cloud storage for my vacations clips etc), friends, family etc and I doubt they will reach 100 views each.

    2. Re:they already do this by argStyopa · · Score: 1

      I wish you hadn't responded AC, that's a great idea and I'd love to have something like that to send as well.

      --
      -Styopa
  37. Re:Crowdsource the effort by shadowrat · · Score: 1

    If I go to Walmart, then Walmart pays people to watch the cameras so I don't walk out with a big screen tv under my shirt.

    Walmart sets it's prices to ensure it can afford to hire people to watch the cameras. If you buy something from walmart, you ARE paying to have those people watch you.

  38. They don't prescreen... by tomhath · · Score: 1

    ...because it's too expensive. The blogger's "nicely laid out math" is absurd though. Take down notices seem to get the job done (albeit often imperfectly).

  39. Re:Crowdsource the effort by h4rr4r · · Score: 0

    No, it does not.
    Walmart prices are based on what the market will pay. This has little to no relation to costs. This means that if cameras would raise their costs to the point at which TV sales were a money loser they would either ditch the cameras or the TV sales.

  40. Re:Crowdsource the effort by cpu6502 · · Score: 1

    You can't flag copyright material.
    I've tried..... and youtube responds by saying Only certified copyright holders (record and movie companies I guess) can flag videos for copyright infringement.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  41. More to the point by sjames · · Score: 1

    The more interesting comparison is to the annual value of the 'valueable intellectual property' being protected. According to the RIAA, the annual sales is only 13 billion a year.

    It makes no sense to spend $1000 to guard a $100 watch.

    1. Re:More to the point by TheDarkMaster · · Score: 1

      Makes no sense to you, for me, and probably for any form of intelligent life. But this is not the case with the CEOs of the film industry and record companies.

      --
      Religion: The greatest weapon of mass destruction of all time
    2. Re:More to the point by sjames · · Score: 1

      It doesn't even make sense to them. That's why they are so anxious to spend other people's money instead.

  42. Cease and desist by Dogbertius · · Score: 1

    Negative. Stop this "dreaming" immediately or we will be forced to take action.

    "Love", "dream", "Mom", and "screen door" are (C) 3003 MomCorp.

  43. Re:Crowdsource the effort by TheDarkMaster · · Score: 1

    Someone moderated your comment as "funny", but the record company executives think exactly that way.

    --
    Religion: The greatest weapon of mass destruction of all time
  44. Well, uh, that's the point. by goffster · · Score: 2

    RIAA/MPAA already know full well this is prohibitively expensive.
    They simply want public digital dissemination to be gone.

  45. Re:Crowdsource the effort by Anonymous Coward · · Score: 0

    That's why I spend my time on Slashdot.. it's too valuable to waste on anything else.

  46. Say it with me ... "Bounty"..... by Anonymous Coward · · Score: 0

    They wouldn't need to hire that many people at all.
    Just put a bounty on it like they do for bugs / security flaws with Google Chrome.

    Let the pimply faced masses who watch 18 hours of youtube anyway crawl the content looking for that stuff, and pay them $20 per find.

    Then have a staff of folks "verify" the findings prior to payment.

    SETI @ Home solution essentially.

    1. Re:Say it with me ... "Bounty"..... by biodata · · Score: 1

      This would definitely work, but the 'industry' don't want it as they think they should be able to go waaa and have someone else pick up the tab because their business model is stuck in the late 20th century.

      --
      Korma: Good
  47. Re:Crowdsource the effort by Tanktalus · · Score: 3, Insightful

    I bet that if there were no DCMA laws, YouTube would allow anyone to flag copyright violations. But, because RIAA/MPAA fought so hard for this law, YouTube needs to cover its arse by actually following the letter of the law.

  48. Re:Crowdsource the effort by Sarten-X · · Score: 1

    There is no "Depressingly true" mod, so "Funny" is close enough alphabetically.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  49. Re:Crowdsource the effort by jdavidb · · Score: 1

    Look, I'm happy to participate in crowd sourcing efforts like generating the sum total of human knowledge, or sharing reviews of products I've used online. But there's no way I'm going to participate in taking my neighbor down for the fake "crime" of copyright infringement.

  50. Re:Crowdsource the effort by Sarten-X · · Score: 5, Funny

    Both. That piece of wall-mounted paper has been publicly displaying the artwork for years, to every person who's passed by that window in front... According to my trade-secret formula, that is at least 27 billion people who've received an unlicensed viewing of the artwork, and at a reasonable rate of $200,000 per incident, the paper poster alone is responsible for $5.4 quadrillion in lost revenue, which is clearly backed up by the fact that the poster-printing company has not made $5.4 quadrillion in profit since the poster was printed.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  51. How many employees would that be? by ToiletBomber · · Score: 1

    Well, you would need to have one employee for each hour of video. So, that's 72 employees. But since 72 employees can't watch an hour of video in a minute, we need to increase that to an hour. That sharply increases to 4320 employees, with each one screening 1 hour of content every hour, assuming they're required to look over every little bit of content. Let's say they're required to take breaks. Tack on an extra 680 employees for a nice round number of 5000 employees. What about finding out if something is copyrighted? That's an extra 1000 employees confirming that something is copyrighted in addition to the 5000 initial screeners. 6000 employees. Now, let's assume those 6000 working 8-hour shifts. But wait, there's content being uploaded 24/7. So now we have at least 18,000 employees. Taking sick leave and vacations into account, we need maybe at least 2000 more employees to fill in for those. Now, those 20,000 employees have to be paid. Let's assume they're being paid modestly at $22 an hour. (I don't know enough about salaries to give a fuck about calculating that) That's $440,000 dollars to those employees. Per hour. $10,560,000 per day. $147,840,000 every 2 weeks. That's $2,620,800,000. $3,843,840,000 every year.

  52. Prescreen the Posters! by Rande · · Score: 1

    It's quite simple, instead of prescreening every post, just prescreen the posters. Make them signup with a real name, address, credit card, copyright insurance and MPAA membership!
    That way, the MPAA will be happy with every video posted...and no videos would be posted = Win!

    And everyone would head back to the cinema to see moving pictures, just like the Good Lord intended to put in the Contract for Breathing Oxygen that we all signed before birth.

  53. Jobs by Muramas95 · · Score: 0

    Jobs are bad, mkay.

  54. Re:Crowdsource the effort by internerdj · · Score: 1

    Yes, but if I don't buy something then they don't force the local police to sit in the parking lot and check tickets, nor do they force Toyota to check my receipts before I put my purchases in my car.

  55. Re:Crowdsource the effort by Anonymous Coward · · Score: 0

    How about we make the copyright owners foot the bill for this? After all, it is THEIR responsibility to police their content, not others.

    If you think there is a problem with that, then let's discuss how the copyright system can be reformed to acknowledge the digital age. Slapping on $37 billion bandaids won't fix anything.

    captcha: proper

  56. bargain by anonymous9991 · · Score: 1

    "but pirated content costs a gazillion so this is a bargain" - RIAA

  57. but will the "copyright holders" stop scamming? by Bender+Unit+22 · · Score: 1

    Right now I have a video where 5 different companies claim rights to the music. They are all wrong and I have disputed their claim. But they don't seem to be in a hurry to get their ads removed from my video.

  58. The math is wrong by Anonymous Coward · · Score: 0

    I back-of-the-enveloped it myself:

    72 hours per minute means it's coming in at 72*60 times faster than a single person can screen. There are 24*7 hours per week and the usual person works 40 hours per week, with some fudge factor for vacations that comes to 5 people needed for full 24/7 coverage. Using the 178,000 per year figure, I get

    72*60*5*178000 = 3,844,800,000 per year,

    which is a factor of 10 lower than the headlined amount. Okay, so I read the originally-referenced blog post and find that he bunged in a factor of 10 at the end to account for "overhead." Mmmmmmmkay. That moves it from "some nicely-laid-out math" to "some blog post" in my book. YMMV.

  59. Other costs by oneiros27 · · Score: 1

    Yes, their estimate of wages is likely high ... however, what they didn't include:

    • Management to hire, train and oversee the people who review the content
    • Benefits for all of these people.
    • A place for them to work
    • Computer for them to work on
    • Sufficient internet bandwidth to view all of the videos
    • Power to run the computers, networking gear, plus cooling so they don't overheat.

    In the US, the 'burdened cost' for an employee is about twice what their wages are. It's possible that if you were to outsouce, the multiplier would go up (cost of the computers haven't decreased; and the costs of running that much bandwidth to a place that won't have the same infrastructure)

    So yes, the analysis is absurd, but I'm guessing it's closer than most people would think. (if they're getting paid US$15k/year, it might be closer to US$45k burdened cost, so ~ 1/4 the cost, not ~1/12 the cost)

    --
    Build it, and they will come^Hplain.
    1. Re:Other costs by rgbrenner · · Score: 1

      I seriously doubt Indian employees making $1/hour get $2/hour in benefits.

  60. I could have -sworn- I snuck a joke or two in. by Anonymous Coward · · Score: 0

    What is this place, Hacker News all of a sudden?

  61. Not the same thing by Benfea · · Score: 2

    Those take-downs are all initiated by someone filing a complaint with YouTube. Asking YouTube to pre-screen everything that gets posted is an entirely different animal.

  62. Limited preemptive screening by u19925 · · Score: 1

    Although pre-screening is not economically feasible, limited pre-emptive screening might be. If the view count exceeds 100, it should screen. Besides, the post summary says "72 hours of content every min". This is irrelevant, when you only do first few seconds of screening of each video. A more important measure would be number of videos a min. Also, if a video is uploaded by user with a nice record, then only a small sample of those users' video should be screened. Further automated analysis can analyze the quality of video. If the quality is poor, its effect on reducing sale of actual video is minor and can be removed as well. I don't have any statistics, but based on my viewing habits, this can eliminate need to screen > 98% of videos and the cost can fall to less than 1B. Still large, but not significantly lower.

  63. A simple solution by whitroth · · Score: 1

    Prescreen *everything* for three months. *Then* send the bill for doing so to the MPAA and the RIAA.

                  mark "but I thought you were opposed to unfunded mandates!"

  64. Unsustainable by JeremyGNJ · · Score: 1

    Seems to me that Google has built a business that is too cumbersome to maintain legally? I mean just because no one was bothering them about it previously doesnt mean tthey dont have the legal obligation to do it. It's as if I started a landscaping business and I was dumping all the waste products in my back yard. When I run out of space and have to pay for garbage removal...it means that my business is flawed....not that they should write laws to allow me to dump it anywhere.

    1. Re:Unsustainable by weiserfireman · · Score: 1

      Except that the Federal Law is that their business is legal.

      Google has no liability for user content. The burden is on the Copyright Holders. The Law gives the Copyright holder a mechanism for challenging a potentially infringing item, the DMCA takedown process.

      It is a legal and puts the burden on the Copyright Holders to protect their Copyright. Which historically has always been true. The Government will help protect Copyright, but it was up to the holders to notify the Government of infringing conduct.

      Honestly, that is where I want the burden. If your Copyright generates you so little income that it isn't worth your effort to protect it, then why should anyone else protect it for you for free?

      What MPAA and RIAA are asking for is a change of the existing Law

  65. Expensive by Jason+Levine · · Score: 1

    Even if you don't use judges at $117K a year, this would be pricey. The summary says 72 hours of content every minute. That's 37,869,120 hours of content a year. Let's round up to 38,000,000 hours (to account for breaks, needing to watch videos a second time in cases of tough calls, etc). Even at $10 an hour, this would be $3.8 billion. Last year, Google made about $39 billion in revenue. So this system would cost 10% of Google's revenue. And I highly doubt that $10 an hour pre-screeners would be able to make tough copyright calls. Videos would be denied when they should have been approved. Other videos would be approved when they should have been denied. It'd be a billion-dollar mess.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  66. Not to mention pre-screeing would effectively kill by Maxo-Texas · · Score: 1

    Removing all the infringing copyrighted content on Youtube would basically kill it and the copyrighted content would just go elsewhere- probably like a Mirv'd cluster bomb.

    I go to You tube most often to see copyrighted songs with lyrics so I can sing them.

    Then I go for instructional videos which would probably remain but which get a fraction of the hits.

    Youtube basically has an illegal business model.

    The Vevo channels change that a bit.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  67. There are ways to simplify this... DRASTICALLY... by mark-t · · Score: 2

    Rather than prescreening every video before making available... only screen videos that get more than, say, 50 unique views per day (counting since the day they were uploaded). If the video is found to contain copyrighted content, it would then be taken offline and the uploader notified. If the uploader genuinely has legitimate claim to the work, then a compensation system should reasonably exist so that the the screeners are discouraged from taking down videos that are not infringing on anybody's copyright. In addition to a wrongfully taken down video being restored, any compensation that the uploader is entitled to for should be based on the number of unique views that were received prior to takedown, so that the more views it gets before they take it down, the more sure they need to be that the content is not infringing.

    I expect that would probably bring down their costs by at least an order of magnitude, as I'm certain that only a very tiny percentage of videos uploaded to youtube get more than 50 views in a single day.

  68. Re:Crowdsource the effort by Anonymous Coward · · Score: 0

    Meh. The execs may think that way but the law doesn't see it that way. That's the difference and that's all that matters.

  69. Re:Crowdsource the effort by Anonymous Coward · · Score: 0

    Hmm... Following the letter of the law. Doesn't that mean that the copyright owners/enforcers (RIAA, MPAA, studios, etc.) need to do the same? And doesn't the letter of that law put the burdon of identifying infringing material on the copyright owner and not the media host?

    Oh, wait - the letter of the law only applies to other people, not to them...

  70. Already been implemented. by Anonymous Coward · · Score: 1

    I made a YouTube video of my daughter riding a train and used some background music from a popular artist in iMovie.
    http://www.youtube.com/watch?v=4ANqENBQbjs
    I uploaded it and within 15 minutes it had been flagged with the correct copyright holder information.
    This made me realize that the Shazam style technology is just being marketed to us as a secondary use.
    It is already being used to screen content in a larger fashion.

  71. Re:Crowdsource the effort by cpu6502 · · Score: 1

    >>>because RIAA/MPAA fought so hard for this law, YouTube needs to cover its arse by actually following the letter of the law.

    There is nothing in the law that says only RIAA/MPAA can file DMCA notices (or flag videos). Anybody can file a DMCA notice.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  72. not less than 10, nor more than 14, business days by tepples · · Score: 1

    From 17 USC 512(g)(2)(C): A service provider that receives a counter-notification "replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice". How am I misreading this?

  73. Re:Crowdsource the effort by Anonymous Coward · · Score: 0

    Don't forget triple damages!

  74. Two weeks before an election by tepples · · Score: 1

    Say Aerith and Bob are candidates for an elected office. Two weeks before the election, Aerith files a notification of claimed infringement against the host of Bob's campaign web site. To make this not perjury, Aerith finds some sort of tenuous ground, such as a claim that the use of excerpts of Aerith's ads in Bob's response ads exceeds what fair use allows. During these two weeks, Bob's campaign has no web site.

    1. Re:Two weeks before an election by AngryDeuce · · Score: 1

      To make this not perjury, Aerith finds some sort of tenuous ground,

      If she found even tenuous ground, then the claim has merit, does it not? Who decides whether the claim is tenuous? You? Public opinion? Obviously not, that's up to the courts to decide.

    2. Re:Two weeks before an election by tepples · · Score: 1

      If it becomes routine for candidates to fire takedowns at each other in order to chill political speech, would you consider that outcome good policy?

    3. Re:Two weeks before an election by AngryDeuce · · Score: 1

      Probably not, but that requires a change in the legal definition of what constitutes infringing content, not the way said infringing content is handled.

      I disagree with patent trolling and all this frivolous shit, too, but trying to change the penalties is going about it ass-backwards if we don't address the cause first. The courts are free to consider the element of intent in meting out a judgement, but if Youtube, a private company, decides to treat every case of infringement with a standard take-down/block and appeals process, that's their right. We may not like it, but it's their prerogative.

      Youtube isn't the enemy, here. The shitty laws that are so easily abused are the enemy. We need serious IP and Patent reform, and quibbling over the punishment isn't going to do jack shit to accomplish that, especially when considering that we're talking about a private company's actions on the data on their own private servers. Everyone registering a Youtube account has to agree to their ToS, and without bothering to go and actually read it, I'd be willing to bet that there are clauses that specifically indemnify them against damages related to their routine handling of takedown requests. There's simply no way that abuse of the DMCA can be fought without fighting the DMCA itself and closing the loopholes that allow it to be abused.

  75. They don't even need to crowdsource. by Anonymous Coward · · Score: 0

    A few years ago when I first discovered YouTube, it was by following someone's link to some copyrighted content, and from there I found a lot more. Couldn't figure out why the site was called "YouTube," but it was something to do.

    After a while I bumped into a few legal videos made by ordinary people and thought "this is kind of cool, someone should make a site just for videos like this." Eventually it occurred to me why the site was called "YouTube," as it was supposed to be for videos like that.

    I wanted to see more of those videos, so I tried to find them, but it was difficult to do. For one, the categories in which people could place videos seemed designed entirely for illegally uploaded videos. There was no "home videos" category, or "school projects" or any other categories that would make sense for a site designed for videos made by amateurs.

    So instead I wrote a script to monitor the "recent uploads" pages, creating a list of every video uploaded. I then set about figuring out how to find the few videos I actually wanted to watch among the steaming pile of illegal content I had no interest in.

    The first thing you have to realize is that you don't have to watch the videos. YouTube creates 3 thumbnails of each video, and just those alone allow you to separate an upload of a T.V. show or movie from an upload of something legitimate. You can just look at the thumbnails and tell in most cases.

    There are text clues too. Just as we can design filters to separate spam from non-spam, we can separate descriptions of copyrighted works from descriptions of other content. Even parsing for simple key words like "season" and "episode" and "part" is quite effective. However, once people catch on to that, obviously you'd have to use methods more similar to spam filtering.

    Video length is also a big clue. Anything 23 minutes long is automatically suspect. However, YouTube ruined that obvious clue by limiting videos to 10 minutes. Even so, anything within 30 seconds of 10 minutes was also quite likely to be copyrighted content.

    Now I also filtered videos less than 3 minutes from my list, as they're mostly cell phone garbage. While they could be copyrighted works, they're likely clips rather than the more blatant infringement of entire episodes and movies.

    After all of this filtering to narrow down the list of videos, I had a short enough list that I could monitor everything uploaded to YouTube that I might be interested in in my spare time.

    I then realized that there's no reason YouTube couldn't put a huge dent in the level of piracy on their site. Sure, finding everything would be prohibitively expensive, but a single employee could find the vast majority of illegally uploaded movies and television shows just by using some reasonable filters so they don't have to examine every video, and then using a series of thumbnails (youtube could easily make more than three) so that the employee can see the video at a glance rather than having to watch it.

    It was no surprise to me when I later heard about YouTube being in trouble because the founders decided early on that allowing illegal uploads was in their best interest as it made the site more popular. With it being so easy to filter most of that garbage out, the only reason I could imagine for it not being done was that no one was trying. It simply isn't that difficult of a problem, unless you want to be a dumbass and multiply the hours of video uploaded by a large salary.

    Personally, the whole thing pisses me off. Not because I care so much about the copyright holders, but because in the time I was doing this, I saw some videos created by some really creative people, which would be on the site for six months, gaining all of 15 views, only to be deleted when the people gave up and deleted their account. YouTube would be a much better site if they'd just give up trying to be the pirate bay and focus on providing an enviroment where people who create entertaining videos can easily find an audience. At the moment, whether or not anyone is "discovered" requires so much luck that having a lot of talent doesn't mean much on YouTube.

  76. Re:Crowdsource the effort by Anonymous Coward · · Score: 0

    But there is something in the law which says that you may only file a DMCA notice on things that you own the copyright for, correct?

  77. How the MPAA controls Congress by tepples · · Score: 1

    There's simply no way that abuse of the DMCA can be fought without fighting the DMCA itself

    I agree with you. It's just that due to the movie industry's control of the news media, nobody can get elected on a platform of pro-commons copyright reform.

  78. Re:Not to mention pre-screeing would effectively k by Zorque · · Score: 1

    Really? Google has voluntarily put plenty of preventative measures in place in an attempt to keep copyrighted content off the site. I don't think their business model consists of a venture that costs them more in legal fees than any IP-infringing video could bring in. The "You" in their name should tip you off to their real business model, user-generated content, which is why they reward popular channels with a share of the ad revenue.

  79. Automated system by wisnoskij · · Score: 1

    They seem to already have a very good working automated system, and really a person would never be able to memorise all copyrighted works like a computer can to check against the videos.

    --
    Troll is not a replacement for I disagree.
  80. GIGO by ConfusedVorlon · · Score: 1

    the calculation assumes a bunch of stupid stuff - like paying a judge to watch every minute uploaded.

    you can make some reasonable assumptions to come up with a _much_ smaller number

    1) your employee will work for $35k/year (I'm sure you could get lower than this if you outsourced)
    2) screener on average only has to view 1/10 of the video to figure out whether it is likely to be infringing
    3) half of uploads are content that is already known to the system (re-uploaded)

    that's a factor of 100. Suddenly it costs $0.37 billion.
    a lot clearly - but less obviously unsupportable.

    I'm not saying Google should screen all content, but I am saying that the calculations in the article are absurd enough to be meaningless.

  81. Automated anonymous pawn shops by goombah99 · · Score: 1

    No I'm not arguing YouTube cant exist. I'm saying that their business model is inherently problematic. They need to find one that can work. Like for example profit sharing as I mentioned.

    The closest analogy I can think of to you tube is a consignment shop or pawn shop. Sometimes goods in a pawn shop are stolen goods. Yet we let pawnshops continue to operate. Yet there is an important difference. The pawnshop operator meets every person with goods, he take careful records, and spends time on each item. We would not tolerate automated anonymous pawnshops. That's what You tube is.

    Saying that, well given the volume of business you tube does they cant vet everything, is not an excuse for them, just like it would not be an excuse for the automated pawnshop.

    In a way they are lucky that RIAA and MPAA exist. Otherwise they would be in the impossible position of having to negotiate with everyone with a copyright. It is not necessary that RIAA and MPAA cover the rights of every copyright, just a large fraction. We don't require perfect vetting by pawnshops either.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  82. Re:Crowdsource the effort by DarthVain · · Score: 1

    You joke, but the RIAA seriously are suing limewire in real court for 72 Trillion dollars.

    Really. They are actually suing someone for more money than exist in the entire world. They are presumably not trying to make fun or of parody themselves that I am aware. (Though perhaps not doing a good job of it)

  83. Re:Crowdsource the effort by GodfatherofSoul · · Score: 1

    Wow -1 Flamebait? I guess all you song and movie torrenters have taken over Slashdot.

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    I swear to God...I swear to God! That is NOT how you treat your human!
  84. Re:Not to mention pre-screeing would effectively k by Maxo-Texas · · Score: 1

    Lol. It's trivially easy to use Google to find all kinds of infringing material including torrents.

    However, google does also have a legitimate business-- showing car ads to people who search for car information, showing vitamin ads to people searching for vitamins.

    It is a bit creepy tho. A friend of mine had a bug problem so I searched for bug info and suddenly every site I visited was throwing up bug ads to me.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  85. By Comparison... by Anonymous Coward · · Score: 0

    ...That's about the same amount of money as it costs to 'run' Canada each year.... Give or take a few million.

  86. Re:Crowdsource the effort by Anonymous Coward · · Score: 0

    LOL - I smell an internet meme being born.