The Viacom copyright infringement case against Google and YouTube has been a long strange journey since it started, but it looks like the first major chapter is over: the federal court today ruled that Google falls under the "safe harbor" provision of the DMCA which protects service providers from liability for user content. Roughly, that means Google isn't liable for copyright infringement on YouTube in
general: it can only be liable for infringing specific copyrighted works, and since YouTube pulls videos as soon as anyone complains, it can't get in trouble. Of course, Viacom isn't too happy about this decision and has vowed to appeal, but we think it makes sense -- otherwise Viacom could sue and win for things Google didn't even know about, like, say, the music videos Viacom employees
covertly uploaded themselves and then demanded be removed. We'll see what happens -- in the meantime, we'll be celebrating by watching as much YouTube as possible.
posted June 23rd 2010 5:27PM
Yeah, fuckin heroes!
Google always wins! Unless they are going up against Apple.
Yes yes yes. Up yours viacom! +1 for the people :)
@sonicyoof
"...this court finds Google: Not evil"
Viacom can suck it!
@1 Infinite Loop Cupertino CA
Apple hasn't attacked Google yet...only HTC.
Great news! Viacom can go screw themselves.This DMCA shit is just getting out of hand.
Viacom uploads videos, and then someone else in Viacom sees these videos and sends a DMCA notice to YouTube to remove it. How screwed up is your company and how obsessed are you with the DMCA when your own company doesn't know its own actions? lol
@1 Infinite Loop Cupertino CA No Google is already winning against Apple. Let see:
1. Choice of hardware.
2. Open source OS that has been customized by the community to hell and gone.
3. Can load just about any app you want on the device without Unkie Steve saying thou shalt not use [insert the app of the day that Steve o and his thugs thinks shouldn't be allowed.]
4. Isn't Apple. Which for many now a days counts for a lot.
5. Still has the best maps out there. (Go ahead and run to Bing Apple. Go ahead.)
6. And is WAY better then Apple's search engine....oops I mean Bing Engine.
Nope I'd call that a major win. Long term Google and Android will hand Apple their *** and nothing you i Tards say will change that. Well at least in reality. In your own little fantasy world Apple will be god and you will get to kiss unkie Steve's butt every day. Mmmmm taste like arrogant a hole.
@Kanga Look up the term proxy fight sometime. Apple is too much of a pussy to go after Google directly. They are hoping to win through HTC. Everything they are going after HTC for has to do with Android. Not sense, and certainly not the hardware.
@John Doe It depends on whether Google can get their act together with the big fragmentation issues of Android.
The only way they can do this is make Android's UI so good, that Sense UI/MotoBlur/etc. will be rendered obsolete, so companies don't see a need to improve Android.
And then, voila! All the fragmentation issues are gone.
The N1 is really the prime example of the Android system going right.
@John Doe Bing, it itself, is pretty damn good. I don't know what crap you have with it, but it's really, really good.
@sonicyoof
And you know this maaaaaaan!
@John Doe Not this topic again. Look, there just phones! In the end, both win. It's all up to the consumer, not some fan's opinion.
@Sax25 This Viacom stunt is exactly why that clause exists in the DCMA. With hundreds of videos uploaded every day, Google can't vetted every single one of them. But if you gripe, they do take them down.
Funny thing is that it seems like these companies are hella quick to gripe over a fan made music video or a video review of a movie and totally miss whole movies and tv shows being posted. maybe that's why they want to put the burden on google, so they don't have to pay folks to find the naughty videos for them.
@sonicyoof What is YouTube?
@sonicyoof
"like say, the music videos Viacom employees covertly uploaded themselves and then demanded be removed."
wow amazing you remember this but dont remember the conversations of the youtube founders stating they KNEW that they copywritten content and kept it for the views
win
@Twoleaf
Sadly Youtube will never be what it was back in early 2007.... =/
Youtube get a penalty for illegal celebration.
@Alexpeegs gets* Oh well time to get on my Spartan Armour
TAKE THAT VIACOM!
The court finds that Viacom may suck it.
counter-sue!!!
@GaryZ Everyone wins*
*Everyone does not include people that aren't copyright lawyers.
@d0mth0ma5 No that depends on your definition of a copyright lawyer. Are they really a person or a maggot infested POS? If they are the latter then yes....everyone wins.
I'm genuinely surprised that Viacom would even consider taking Google to court over something that is essentially out of [Google] their control.
One of the bigger cases and of extreme importance for the future of both copyright and content on the internet, yet no breaking news tag. Should have been called iTube for that i guess...
wait...what? If that is the case then how is it that Bit torrent sites like Pirate Bay can get slapped down?
@John Doe For that matter lets go back to Napster. Google won because they are google and they have a metric crap ton of money to defend themselves with.
@John Doe you are comparing apples with nuclear submarines
@John Doe Because the pirate bay wouldn't remove content requested to be removed
@John Doe Because bittorrent sites aren't doing anything that remotely resembles 'fair use'. they are knowingly distributing copyrighted materials without permission from the owners.
most of the 'offending' material on youtube is fan videos of tv shows and movies, fan covers of songs and reviews. all of which could be considered fair use under copyright. But even so, if a company cries foul, google removes it. Even if fair use could apply. Then makes the uploader make the claim etc. However if the owner cries BS Google sides with them and keeps the video off.
I should know, they yanked the videos of my movie reviews because I dared to include clips of the movies (all done after they went to DVD so I didn't pirate anything). No shock Viacom was the biggest to say BS to my fair use claims
Now if only FIFA would stop screwing the US team
@Baconbits You're doing ok, you're on the easiest path to the Semi-Finals
@Baconbits
cmon..things have turned out well....they ended up on top and have one of the easiest second round matchups. Much of this has to do with England being entirely lacklustre, but that's a different story :)
OT: GFY Viacom \o/
@Baconbits Huh? Get a clue.
@cowthulhu
2 disallowed goals in two games because of two phantom calls. Who needs to get a clue now?
so by the same rule, services like Rapidshare should also be granted safe harbour.
RIAA's not going to be too happy
@Gonzie
Actually a recent ruling on RapidShare said they were not breaking the law since they do remove thing if someone request. They fell under the same safe harbor law as Google in that ruling
@DefPoet
hmm how did I manage to miss that?
good result though, not that it's going to stop them being at the top of some list
PwnTube!
Good news.
Dear Viacom,
Google "U mad?"
Signed,
A YouTube Viewer
@Rainier http://www.youtube.com/watch?v=vFgXF0a_Yw4
@Rainier
+1 for Google!
Suck on this Viacom! But thanks for Spongebob!
VAICOM: Very Annoying Irrational Copyright Obsessive Motherfuckers.
@bo3of so close, yet so far away...
@bo3of Nice job, but it's Viacom, not Vaicom.
@HikaKao
we know its viacom but the dude wrote something funny lol. so i upranked him +1 :) lol.
*goes to watch the Daily Show uploaded on youtube*
Suck. It. Viacom.
Cheers.