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Fox
Joined: 04 Mar 2009
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 Posted: Wed Jun 23, 2010 4:43 pm Post subject: Viacom Loses Suit Against Google |
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Article here.
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Viacom lost its long-running $1bn lawsuit against Google, owner of YouTube, when a New York judge said the internet search group did not infringe the media company�s copyright.
The owner of MTV Networks and the Paramount film studios sued Google and YouTube in 2007 for �massive� copyright infringement after discovering �tens of thousands� of its video clips were uploaded to YouTube without its permission.
Louis Stanton, a US district judge in a federal court in New York, said on Wednesday that the world�s most popular online video service was not in violation of legal provisions that protect internet services providers from recourse since it removed the items after being alerted.
The ruling is seen as a blow to media companies, which now hold the burden of policing the internet, legal experts said.
Mere knowledge of infringement alone is not enough to support Viacom�s claims, according to 30-page ruling.
Viacom submitted millions of pages of evidence that were made public in March showing Google and YouTube executives were aware of copyright infringement on the video service.
Unless internet services such as YouTube had �specific� knowledge of infringement and did nothing to remove the clips, they are protected by the safe harbour clauses of the Digital Millennium Copyright Act.
Google, which bought YouTube in 2006 for $1.65bn, began offering content filters to sift through videos uploaded by its users for copyright infringement in 2007 and has removed offending clips quickly after companies lodged complaints.
Google said: �This is an important victory not just for us but also for the billions of people around the world who use the web to communicate and share experiences with each other�.
Viacom vowed to appeal against the decision. It said: �This ruling by the lower court is fundamentally flawed and contrary to the language of the Digital Millennium Copyright Act�. |
Viacom is being totally unrealistic, and working against the best interests of our society to boot. Youtube is a valuable asset to our society, and if Viacom had its way, it would essentially be destroyed. It's impossible to check every single video someone wants to upload against every copyright in the world. Google has provided companies who care a way to detect if their copyrights are inappropriately posted on Youtube and is willing to remove them promptly upon notification. Google has also been actively pursuing deals to help companies reap some profit in return for allowing their material to be used on Youtube. That's as much as can be expected given the nature of the service. |
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bacasper
Joined: 26 Mar 2007
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| Posted: Thu Jun 24, 2010 12:33 am Post subject: Re: Viacom Loses Suit Against Google |
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| Fox wrote: |
Viacom is being totally unrealistic, and working against the best interests of our society to boot. Youtube is a valuable asset to our society, |
I have a question related to this.
When private companies provide a service that becomes so prevalent in the society. at some point a "common good" standard applies so that they cannot just arbitrarily discriminate against anyone they want to. So what recourse does the person have whose videos or YouTube channel has been blocked? Must he resort to taking the giant Google to court, and do so in their home jurisdiction in California to boot? See what I am getting at?
Maybe Happy Warrior or one of the other legal minds around here can explain this. |
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