Wednesday, March 14, 2007

Youtube under fire...

I wondered how long it would take for someone to attempt to slay the internet video goliath ... and once Google bought Youtube the money got real big.

Does Viacom really stand a chance? The Viacom lawsuit certainly raises interesting questions concerning internet copyright laws and whether or not techonology holders are responsible for copyrighted material posted on their websites. But, the 1998 Digital Millennium Copyright Act seems fairly clear... as long as Google/Youtube responds to the "take-down" requests of copyright holders then they are not liable for copyright infringement. Despite providing the medium for communication of the material, Google is not posting the copyrighted films. Individuals are posting this material, and rightly, should they not be the ones liable?

In the end, it all comes down to money - Google has it and the individual does not. If Viacom sues Joe Bob they are likely to get nothing, but if it sues Google and wins - we are talking billion dollar settlement.

While Google does seem insulated for the time being, keep an eye one this case. My bet is it will end up in the Supreme Court. The mass popularity of Youtube means that the "take-down" request protection is truly inadequate. No copyright holder can possibly keep track of the thousands of posts a day. Google bears some responsibility. Thus, Google might win a few battles, but ultimately - Viacom is going to win the war.

1 comment:

Karen Miller Russell said...

What? A student posting during spring break???

You're the first this week. Duly noted. :)