Comments on: Viacom Lawsuit Against YouTube Still Useless

By: Timon Weller

Timon Weller — Thu, 02 Oct 2008 20:23:26 +0000

Google may regret buying youtube now… however i think google will win the case with a solution that will be implemented on youtube to check for such things in future…

By: Timon Weller

Timon Weller — Thu, 02 Oct 2008 16:23:26 +0000

Google may regret buying youtube now… however i think google will win the case with a solution that will be implemented on youtube to check for such things in future…

By: Cayce Pollard

Cayce Pollard — Tue, 22 Jul 2008 21:57:20 +0000

“but they HAD to know what was getting put up”

I know for SURE that the guys at AT&T know that people are setting up drug deals on the phone. And I’m pretty sure that the guys at Smith & Wesson know that guns are used to shoot people.

By: Cayce Pollard

Cayce Pollard — Tue, 22 Jul 2008 20:57:20 +0000

“but they HAD to know what was getting put up”

I know for SURE that the guys at AT&T know that people are setting up drug deals on the phone. And I’m pretty sure that the guys at Smith & Wesson know that guns are used to shoot people.

By: smokey

smokey — Tue, 22 Jul 2008 01:13:16 +0000

The point raised by Ryan is an important one, that may not have gotten the attention it deserves. Based on what I’ve read about the early days of YouTube, and based on my own experiences working at an online video startup, I am absolutely sure that YouTube employees broke the DMCA. They may not have actually uploaded material themselves, although that would not surprise me, but they HAD to know what was getting put up. It just beggars the imagination to think they were blind to it.

By: smokey

smokey — Tue, 22 Jul 2008 00:13:16 +0000

By: Ryan Radia

Ryan Radia — Mon, 21 Jul 2008 22:57:31 +0000

The latest wrinkle is that Viacom wants to know if any Google employees have uploaded infringing files to YouTube. Naturally, Google has resisted, citing employee privacy. But the DMCA’s Safe Harbor specifically excludes service providers with actual knowledge of the circumstances surrounding copyright infringement.

If Google has been knowingly facilitating copyright infringement, then it’s possible that YouTube might lose its Safe Harbor defense and end up on the hook for civil penalties.

By: Ryan Radia

Ryan Radia — Mon, 21 Jul 2008 21:57:31 +0000

If Google has been knowingly facilitating copyright infringement, then it’s possible that YouTube might lose its Safe Harbor defense and end up on the hook for civil penalties.