Free Newsletter

QUICK POLL
  • Which training workshop is of most value to your organisation?
  • Preparing your business for the Internet of Things
  • The Internet of Things and Cloud computing
  • Radio technologies for connecting the Internet of Things
  • Smart Cities and intelligent infrastructure
  • WebRTC and the end of the telco
EVENTS
Meet the leaders of the mobile app economy ? Open Mobile Summit, London, June 8-9
Navigation Strategies Europe 2011
ITU Telecom World, 24-27 October 2011 at Palexpo, Geneva, Switzerland
Ubiquitous Location and Positioning Technology, 6th-7th December 2011, Chicago
Advertize your telecoms job

Google needs to be magnanimous with big content – while it still can

The issue of Google’s YouTube versus Viacom will not go away and it now has the powerful lobby groups, the Motion Picture Association of America (MPAA

By PETER WHITE

Published: 16 December, 2010

READ MORE:

The issue of Google’s YouTube versus Viacom will not go away and it now has the powerful lobby groups, the Motion Picture Association of America (MPAA) and the Independent Film & Television Alliance (IFTA) pushing the appeal court that will review the $1 billion law suit, to reverse the original court decision.

“En masse” the entire creative industry has come out with a single voice in an Amicus Brief filing, saying that Viacom is not on its own here, and that this decision affects everyone. The decision hinges on just how much YouTube executives knew about the copyright abuse that used to (and perhaps still does) go on and how expeditiously it acted in response to take down notices. The thrust of the argument is that YouTube got big by spending over a year thinking about how to automate the takedown of pirated content, and in the meantime placing the onus for finding copyright infringements on the owner, not on itself. It also tried to strong arm the studios into signing deals with it to legally carry the pirated content, by making access to tools for finding pirated content as it was uploaded, contingent upon such deals.

“The decision of the lower court, if not overturned, will allow businesses to profit by inviting massive amounts of online copyright theft and avoid liability simply by turning a blind eye to the direct, illegal effects of their business models,” said Daniel Mandil, General Counsel and Chief Content Protection Officer of the MPAA. “We are confident that the Court of Appeals will recognize that the lower court’s decision was entirely inconsistent with the Supreme Court’s unanimous decision in Grokster and with the plain language of the Digital Millennium Copyright Act.”

The filing will be part of the evidence that is looked at by the Court of Appeals for the Second Circuit when it reviews the case, which originally went YouTube’s way.

The court has a tough job here in our opinion, and potentially this has far reaching consequences for both Google and the development of Over The Top TV services in the US.

The reason it’s such a tough job is that during the original trial it became clear that both YouTube execs and Viacom execs both knew about the levels of abuse, and both behaved badly. YouTube execs were shown to have uploaded films themselves to make YouTube more popular, while Viacom execs were shown to have uploaded their own films, to make YouTube more obviously culpable. The lower court decided that if they wanted to play those kinds of silly games, then there was no case to answer, but that doesn’t resolve the issue of the rest of the world copying the YouTube example and allowing the uploading of copyright material with impunity.

The truth is that a major fine for Google, and some monitoring of how it goes about keeping copyright material off its video database, would act as a disincentive for anyone else uploading copyright material, although that on its own will not stop piracy in its tracks.

Pages: 1 | 2 | 3

COMMENTS

Add Comment
No comments yet. Be the first to add a comment!
MARKET PLACE

    European Carrier Mobile Broadband Network Performance

    Analysing and comparing the data speed, latency, network quality and smartphone penetration for 94 mobile carriers in 28 European countries....

    Next Generation Haptics: Market Analysis and Forecasts

    An in-depth study of the growing popularity of haptics-enabled tactile feedback on mobile devices to augment UI interactions and enrich...
WHITE PAPERS

    Satellite Phones: Will Dual Mode Help the Phoenix Rise from the Ashes?

    Satellite phones have followed an arduous path since their much-hyped launch more than a decade ago. The hype was followed by an e...

    Mobile Widget Platform Market Analysis: Understanding the Business Case and ROI

    This white paper presents an analysis of the mobile widget platform market, as well as metrics supporting a mobile carrier?s busin...

POST COMMENT

You must be a registered user to post a comment. or
Username *
Email *
Comment *