Viacom Slaps YouTube, Google with Lawsuit - Where Will it Go?
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Google and YouTube seem certain that they are protected by the Digital Millennium Copyright Act (DMCA), because they remove infringing materials as soon as they are informed of them. Viacom is arguing that YouTube is not entitled to that protection. But there's more going on here than what is in the complaint.
As a number of analysts have observed, the lawsuit will test what kind of company and business model is entitled to DMCA protection. That has implications for the future of copyright online, and for many other video sharing sites that are not as popular or well-known as YouTube. Some have even suggested that now is the time for the smaller sites to step into the fray and start making deals with content producers to allow licensed videos to show on their web sites.
One could argue that Google is in the wrong for not being more proactive about protecting copyrighted works, especially when it has promised to do so. Before it was purchased by Google, YouTube was planning a deal with Audible Magic, a company that makes software that can detect copyright infringing material by comparing it to the contents of a database. It seemed to work well, at least in demos. Why did Google insist on trying to go ahead with its own software? Could it not have used Audible Magic's software, at least as a stopgap to appease copyright holders?
These issues will have to be dealt with. But I'm not convinced that Viacom filed this complaint with the intent of taking the lawsuit to court. I think it is fishing for better terms in its licensing negotiations with Google and YouTube (yes, I know, that's hardly an original thought). I also think it's not including something fairly elemental in the math of its complaint.
There have been a number of studies on the effect of illegal music downloads on the sale of music. The music industry has screamed that the illegal sharing is costing them money, but there have been few if any studies that support this. In fact, a study whose findings were published as recently as last month () showed no noticeable effect on the sales of music. So why is Viacom so sure that it is losing out when its copyrighted videos appear on YouTube?
Indeed, it could even be argued that YouTube is helping to build Viacom's audience. The kinds of people who use YouTube are young and tech savvy, exactly the target market that Viacom is trying to reach. Just because they saw something on YouTube doesn't mean they won't seek the same thing out elsewhere; quite the opposite. Since YouTube's videos are limited to 10 minutes in length, and TV shows run longer, it seems just as likely that a YouTube viewer will later look for a full dose of his or her favorite "appetizer" from YouTube by going straight to the source - Viacom.
Certainly it's wrong to violate copyright. But Viacom, YouTube, and Google may yet pull something right out of this. Let's just hope they eventually negotiate an agreement (and a business model) that we all can live with.
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