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Comments on news posted 2007-03-14 09:48:39: Mark Cuban, as you might expect, has come out cheering over yesterday's decision by Viacom to sue Google/YouTube for a cool billion. ..

81399672 (banned)
join:2006-05-17
Los Angeles, CA

81399672 (banned)

Member

He is dreaming

Cuban is dreaming if he thinks youtube(google)lost. They got a lot of money and a lot of lawyers.

Robert
Premium Member
join:2001-08-25
Miami, FL

Robert

Premium Member

Re: He is dreaming

said by 81399672:

Cuban is dreaming if he thinks youtube(google)lost. They got a lot of money and a lot of lawyers.
money/lawsyers =! winning lawsuits

vpoko
Premium Member
join:2003-07-03
Boston, MA

vpoko

Premium Member

Re: He is dreaming

said by Robert:

said by 81399672:

Cuban is dreaming if he thinks youtube(google)lost. They got a lot of money and a lot of lawyers.
money/lawsyers =! winning lawsuits
Don't you mean "!=" ?

snipper_cr
Premium Member
join:2002-01-22
Wheaton, IL

snipper_cr

Premium Member

Re: He is dreaming

lol... compile time error

fail
Kearnstd
Space Elf
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Mullica Hill, NJ

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to 81399672
Cuban is loosing to computers in general anyway, WoW logs more people during primetime now then some of the biggest TV shows have watching.

Robert
Premium Member
join:2001-08-25
Miami, FL

Robert

Premium Member

Re: He is dreaming

said by Kearnstd:

Cuban is loosing to computers in general anyway, WoW logs more people during primetime now then some of the biggest TV shows have watching.
Now Google is going to buy WoW! That'd be funny haha

Wills9
join:2001-01-03
Port Charlotte, FL

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I'm sure Viacom's legal team is both larger and better paid than Google's.

And once again, whether you all want to admit it or not, Cuban is right on the money.

RideRed
Vista needs a popup blocker for Vista
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join:2005-06-18
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1 edit

1 recommendation

RideRed

Premium Member

Re: He is dreaming

And I'm sure you're wrong in both counts.

Google's lawyers can beat up Viacom's lawyers.

They'll settle. This is no different than Linksys vs Apple over iPhone. Negotiations stall, prompting a lawsuit. The fact that Viacom was in negotiations shows they aren't "that" pissed about the videos getting posted. They just want more money than what Google is offering and faster deployment of the filters.
Lord_Black
join:2006-07-08
Walnut, CA

Lord_Black

Member

Re: He is dreaming

Google's lawyers can beat up Viacom's lawyers.
And you base this on what?
They'll settle.
Grave mistake for Google if they do settle; it could open the door to many more settlements as other litigious companies will file lawsuits against them in the hopes of a quick settlement.

RideRed
Vista needs a popup blocker for Vista
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RideRed

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Re: He is dreaming

Based on that Viacom's willingness to negotiate. Viacom wants a deal otherwise they wouldn't have bothered negotiating in the first place.

It's certainly not a mistake for Google to settle. That is how these price negotiations work. If it goes to trial and Viacom for some reason loses, their position to negotiate is forever over. Viacom isn't going to risk that. The lawsuit is only to push Google back to the negotiating table.

FiL25
Premium Member
join:2005-08-16
Silver Spring, MD

FiL25

Premium Member

Re: He is dreaming

Isn't Viacom one of the biggest busniess' in the world? As in the top 5 most powerful?

I know their a conglomerate, thats certainly true. I laughed when I read Jon Stewart's school text-book on world politics; naming Viacom one of the 5 companies that own the world...heh. Yea, Google can stand up to them!

But its not about that though...its about Google ALREADY complying with their requests to take down content. They TRIED, but your not going to be 100% succesful.

Even then, doesn't Viacom need to send INDIVIDUAL requests on each infraction? I thought that was the law regarding this matter?

RideRed
Vista needs a popup blocker for Vista
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3 edits

RideRed

Premium Member

Re: He is dreaming

Google is the world's largest media company worth some $140 billion; far larger than Viacom at under $30 billion.

And with Google having 2X the profit margin as Viacom it is likely to stay that way.

Viacom doesn't need to make requests at all...they can sue right out of the box.

FiL25
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Silver Spring, MD

FiL25

Premium Member

Re: He is dreaming

Yea, but under DMCA and the Safe Harbor provision, and Im being specific to the content and actions taken to bring down said content, EACH infraction needs paper work to go along with it. Otherwise Goog can say "we ARE taking ish down" and Viacom can say "they AREN't doing a damn thing".

So with that said, each infraction needs that notification, something Viacom hasn't done. Essentially they can only sue on infractions they informed Goog and YT about.

RideRed
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RideRed

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Re: He is dreaming

If Viacom wasn't interested in a deal they would simply sue. They would go around the DMCA right to Title 17.

anomus
@rr.com

anomus

Anon

Re: He is dreaming

It will settle somehow. Look at that vicious nasty fight between Blackberry and that fly by night patent holding company. The Judge persistently ordered both sides to settle until it finally happened. Both sides know if they hold out and force a judge to do some work, he will be pissed most at the more intransigent holdout. Verison has more to loose here since they are the agressor so a deal will ultimately be struck and Cuban is just a side line pain in the arse just like he is in the basketball games. But Cuban just wants to make more money so more power to him if his antics somehow actually fatten his payday. But he failed to discredit Youtube before the sale so smart people tend to see thru his trash talk.
bac522
join:2003-08-04
Manchester, NH

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Lets see Viacom's Mkt Cap is $27.54 Billion, Googles is Mkt Cap: $139.31 billion. Wow you're right Viacom should have no problem outspending Google on lawyers

KrK
Heavy Artillery For The Little Guy
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As much as I hate many of the provisions in the D.M.C.A. one of the provisions, more-forward thinking then usual from our Congress-Critters, was the "Safe Harbour" provisions of the DMCA which basically protect ISP's, websites etc FROM LIABILITY DUE TO THE ACTIONS OF THE USERS.

Basically, under the DMCA YouTube is NOT responsible for copyright infringement as long as they comply with the provisions of the law which state that when notified about an offending clip, they remove it. WHICH THEY DO.

Viacom and others are just saying "Take down all our copyrighted stuff! Or We'll Sue!" and are not following the DMCA legal procedure for notifying YouTube of offending clips. Well actually, they are... they are forcing YouTube to pull clips, but at the same time they are saying "YouTube must never allow anything copyrighted to appear in the first place" which is far overstepping the bounds of the DMCA.

Personally, I don't see this as a lost case by any means. These challengers will have to prove that Google is willfully infringing to be able to win, and that seems hard to do given the videos posted are user submissions that are automatically posted much like posts on this message board.

Should BBR be liable because someone puts an copyrighted image as their avatar for example? Look over this site, you see it all the time. The answer is NO.

FFH5
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said by 81399672:

Cuban is dreaming if he thinks youtube(google)lost. They got a lot of money and a lot of lawyers.
They haven't lost yet. But they will if they don't block copyrighted content or reimburse the copyright holders. Google/YouTube claims the law is on their side, but the law will change if they don't change the way they do business.

vpoko
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join:2003-07-03
Boston, MA

1 edit

vpoko

Premium Member

Re: He is dreaming

said by FFH5:

They haven't lost yet. But they will if they don't block copyrighted content or reimburse the copyright holders. Google/YouTube claims the law is on their side, but the law will change if they don't change the way they do business.
Not to split hairs, but the law changing wouldn't help the current Viacom suit. If the law changed and Google still didn't change their business practices, it could open them to legal action, but Viacom can't sue Google today for a law that'll be passed on Tuesday (with apologies to Wimpy).

inteller
Sociopaths always win.
join:2003-12-08
Tulsa, OK

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inteller

Member

Cuban may not know it, but he is already stupid.

oh and the Mavericks suck you prick!

spewak
R.I.P Dadkins
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join:2001-08-07
Elk Grove, CA

spewak

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Re: Cuban may not know it, but he is already stupid.

Bravo! Bravisimo! Well said!
(Cuban you arse!)

FiL25
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join:2005-08-16
Silver Spring, MD

FiL25

Premium Member

Re: Cuban may not know it, but he is already stupid.

my minimum-waged Wizard's CRUSHED your over-paid Mav's you bum! And they'll do it again!

RideRed
Vista needs a popup blocker for Vista
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RideRed

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Cuban is a tool

And HDNet sucks.

Go buy some more lame 3rd season reruns for your sh!t channels dumbass.
russotto
join:2000-10-05
West Orange, NJ

russotto

Member

Mark Cuban Can't Write

Any elementary school teacher would give this work a "D" or worse.

He does make one good point in a backhanded way, though: the entertainment industry controls the copyright laws. Given that, why (aside from fear of punishment) should the rest of us respect them?
Kearnstd
Space Elf
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join:2002-01-22
Mullica Hill, NJ

Kearnstd

Premium Member

Re: Mark Cuban Can't Write

because someday the industry will expand copyright laws to the point even typing their name will force the browser to popup a royalty payment window.

though we have no reason to respect them, they are here to service us weather they like it or not or want to pay for their stuff or not. keep in mind while the content industry is worried about money they pay their stars 100x more then much harder working and more valueable people like Plumbers make.

brooklynman4
join:2004-09-07
Brewster, NY

brooklynman4

Member

Re: Mark Cuban Can't Write

Viacom has been around for a while so we will see .

TechyDad
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join:2001-07-13
USA

TechyDad

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Safe Harbors

I highly doubt that the DMCA's Safe Harbor provisions (possibly one of the only good things about the DMCA) are going to change anytime soon. If they did, it would affect tons of websites in the US, not just Google. Without the Safe Harbor provisions, any website could be sued because of the actions of a rogue poster. For example, BBR could be sued because some poster put a copyrighted photo in their post (perhaps Dr. Evil in response to the one Billion dollar lawsuit). I just don't see Google standing idly by while the content industry changes the laws. Contrary to Mark Cuban's beliefs, the content industry doesn't just get to whip out a pen and scribble some new laws down. Even if the safe harbor provisions are altered to make Google liable, I don't think it would be retroactive. Google would need to defend themselves based on the laws at the time.

Of course, what will most likely happen is either a) a judge will strike down the lawsuit pretty quickly or b) Google and Viacom will come to some sort of deal whose details won't be fully public, but which won't involve Google admitting guilt or paying a billion dollars.

KrK
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KrK

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Re: Safe Harbors

said by TechyDad:

Google and Viacom will come to some sort of deal whose details won't be fully public, but which won't involve Google admitting guilt or paying a billion dollars.
You know, I hadn't thought about this angle.

What if what Viacom's really trying to do is simply get a sweet deal for their content. IE The plan is to get Google to cut them a check in return for a license for Viacom content; IE so you can legally watch Viacom content on sites like YouTube... but by using the lawsuit, and then "settling" it they may extract a much higher royalty payment then they would of gotten if they hadn't sued. The old "kind words AND a gun" thing....

AnonProxy
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AnonProxy

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Cuban = douche

EOT

T1 Rocky
join:2002-11-15
Dallas, TX

T1 Rocky

Member

Re: Cuban = douche

He's a savvy businessman who takes risks, I like him. If he's an idiot when it comes to business, I wish I was half as stupid. You will recall he was predicting they would get sued when google bought them months ago. Another stupid prediction that has come true. What an idiot.

jgkolt
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join:2004-02-21
Avon, OH

1 edit

jgkolt

Premium Member

Re: Cuban = douche

In response to T1rocky:

He makes valid points sometimes but a lot of the time they are heavily biased. The fact that youtube was going to get sued is no amazing prediction. Google set aside money just for this. any file sharing company/program/site etc is expected to get sued. if you think this prediction is revolutionary on his part let me make a few more prediction.

Ford will lose some more money. Some of its brands will be sold to help cover the debt load.

Gas prices will go higher ... eventually

A hurricane will hit new orleans or somewhere down south again.

Ethonal price will go up along with corn.

Palm os built on linux will not make it mainstream without others help

Customer service jobs will start moving to india or they may start to come back.

Vista may be unpopular now but it will be as mandatory as xp is now for the average user.

Vonage will most likely crumble due to the verizon lawsuit unless they can come up with a replacement technology quick

IPTV will only get larger

Fios will get pricier

Microsoft will get sued again

the stock market in the US will fluctuate once again with the world market

I am no Nostradamus but Cuban can make the same claims.

FiL25
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join:2005-08-16
Silver Spring, MD

FiL25

Premium Member

Re: Cuban = douche

Oh get out of here!

Mark making that lame duck comment about YouTube being sued was already etched in stone here at BBR and all over the net. He just re-hashed what WE said. So in essence, were savvier then he is. He's given TOO much respect as it is already; "hes a billionaire! He MUST be smart!". Ehh.

Billionaires don't scare me OR gain respect just because of the size of their wallet.

Cause, in the end, can you woop MY ass?

NO.
hahaha!

ABL1
join:2005-12-20

ABL1

Member

Funny...

No one cared when YouTube was not owned by Google. Just another attempt to squeeze money out of someone, nothing more nothing less.

Subaru
1-3-2-4
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join:2001-05-31
Greenwich, CT

Subaru

Premium Member

who is this Cuban guy?

And why is he making a fuss over every little thing google/youtube does?

FiL25
Premium Member
join:2005-08-16
Silver Spring, MD

FiL25

Premium Member

Re: who is this Cuban guy?

His MAV's suck ass. He wants attention. He's an over-the-top goon getting close to his mid-life-crisis episode...Lots of reasons.

JamesPC
join:2005-10-12
Orange, CA

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He is the competition.

Toguro
join:2003-10-23
Rockford, IL

Toguro

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Googlo gets one google users

On that jury they won.

FiL25
Premium Member
join:2005-08-16
Silver Spring, MD

FiL25

Premium Member

Re: Googlo gets one google users

lol. And how many of the jurors, whoever the hell they are, have been saved/helped just by using Google?

I'd be biased as hell and not say a damn thing except:

NOT GUILTY!
Kearnstd
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as long as the trial doesnt get posted on Youtube from a concealed video phone......

BUYaCLUE
@comcast.net

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BUYaCLUE

Anon

Despite the ignorance, Piracy is a crime

Those who Pirate will pay for their crimes, plain and simple. If the Pirates don't understand that now, they soon will.

FiL25
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FiL25

Premium Member

Re: Despite the ignorance, Piracy is a crime

Man, you've gotta be a mod playing tricks...lol.

The world isn't as black and white as you think lil feller.

Crime. Not really. Explain yourself though; what law was broken to make this or any "pirates actions" a CRIME? A civil matter, maybe. Sorry, but the its ALL about the details...........

Doctor Four
My other vehicle is a TARDIS
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Doctor Four

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Re: Despite the ignorance, Piracy is a crime

That's the (in)famous Taylor troll. he always posts
drivel like this whenever there's a story about
copyright infringement (this is the proper term to use,
BTW, not theft or piracy).

His rants are getting rather boring lately.

Jehu
Premium Member
join:2002-09-13
MA

Jehu

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Napster

Napster, nuff said.

You tube will be forced to clean up the copyrighted works, which of course means that no one will care about it anymore.

FiL25
Premium Member
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Silver Spring, MD

FiL25

Premium Member

Re: Napster

and just like Napster, everyone migrated to Kazaa/Morpheus/Scour...

How many YouTube's are out their? Hundreds by now doing the same exact thing? I don't think anything will change if your gonna use Napster as an example of how ish will hit the fan.

Care? Since when did we CARE about YouTube? Thats not the position, say, I take. I don't want mega-corps to change how use the internet to suit THEIR needs. I understand co-habitation, hell I'm ALL for it.

Its just that I've never really been a fan of 60/40 cuts. Or in the content providers case, 90/10. IF we get 10 that is.

brandon
Some truth included in this post.
Premium Member
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Ocean Springs, MS

brandon

Premium Member

I'll be suing for copyright infringement now.

quote:
And it's because of the ridiculousness of requiring Viacom to police YouTube that the DMCA will be altered or this case will be an exception that goes in favor of Viacom.
Mark Cuban is quoting my post from yesterday.
Rick5
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Rick5

Premium Member

If I was a google shareholder

i'd be pissed off that google EVER got into this fight to begin with.
What they did was to buy youtube for whatever billions they paid for it KNOWING that what it was they were buying was a company that had built their very livelyhood on nothing really except distributing others copyrighted works without permission.

What kind of a really bad decision was that?

The response now was SO predictable that even a magic 8 ball could have called this one accurately.

While some say, ahh..they have lawyers..they can fight it..I say..why are they even in this to begin with?

Google is a very successful..reputable company..and to throw themselves into something like this is somewhat bizarre actually.

They are not only being sued by Viacom, there are others as well...among them News Corp. and Cuban as well I think.
I think they need to be careful of a jury at some point finally saying that this activity is SO blatant that Google REALLY needs to pay a price. They are risking their company and their shareholders future. That is not how executive management should be acting.

skelet0r
Premium Member
join:2004-04-26
Florence, AL

skelet0r

Premium Member

Incorrect Sir

"Not a stretch where I would come out on this, but it never ceases to amaze and amuse me how liltle understanding of the content business, or the business world in general that many in the blogosphere have."
"THen of course there are DVD sales. Youtube downloads every video right to your PC. Google Video not only downloads to your PC, it provides the option to convert it into a PDA format including the Ipod."

Quoted from that Mark Cubans blog.

It never ceases to amaze and amuze me how little understanding of video services such as Google Video, or the internet itself, that pretentious rich bastards Mark Cuban has.

Maybe I am wrong but the last time I was at Google Video youi cannot DOWNLOAD videos anymore. You can only download the player and then a link that allows you to stream the content through the player. So looks like you need to do some research first ass.

nswint
Who Built The Ark?
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nswint

Premium Member

Idiot

Yet another reason why Mark Cuban is an idiot.

xNPC
As Usual, Have Nice Day
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xNPC

Premium Member

they should just pay the billion....

isnt that like 10 bucks to you or me? (meaning they have a gazillion already, whats one less billion? but then itll be a billion here, a billion there, then comcast and verizon are gonna want in coz their pipes deliver the stuff and so on and so forth...) it's time for another revolution i'll tell ya whut.

firefox
Premium Member
join:2000-12-03
Sunnyvale, CA

firefox

Premium Member

Humor me please

I don't keep up with the news that often but after reading Mark Cuban's comment, does that mean he is admitting that the law is dictated by how much money you have? I do come off as naive, but I don't think I've heard anyone publicly stating it till today.