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Forums » Viacom Sues Google/YouTube for $1Billion » more american competition at it's best
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« Viacom's Double Standard  
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pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
·Comcast

reply to nasadude
Re: more american competition at it's best

said by nasadude See Profile :

sue their @sses!
This is a pretty open and shut case. Viacom owns the content in question and can direct how said content should be distributed.
--
Only SHATNER is Kirk.

russotto

join:2000-10-05
Collegeville, PA
You're right that it's open and shut, but not for Viacom. Google has safe harbor protection under DMCA section 512 provided they respond to takedown requests. So Viacom can pound sand.


ff1324
Everybody Goes Home
Premium
join:2002-08-24
On Four Day

said by russotto See Profile :

provided they respond to takedown requests.
Which Viacom has made and YouTube has not complied with those requests. You might remember where YouTube was supposed to filter their content to catch Viacom content? Yeah...they aren't.
--
The funny thing about firemen...night and day they're always firemen
»www.stlfire.com


Neyland

join:2003-02-04
USA
reply to russotto
Wouldn't Viacom have to prove they lost revenue due to these clips being on YouTube? No, I don't know.. that's why I'm asking....

russotto

join:2000-10-05
Collegeville, PA
reply to ff1324
There's no requirement in the DMCA to filter any content to take advantage of the safe harbor. It's up to the copyright holder to send a takedown notice for each alleged infringmenet.


ff1324
Everybody Goes Home
Premium
join:2002-08-24
On Four Day

Considering that YouTube agreed in early February to remove all of Viacom's material and to enact filtering software to prevent posting of Viacom's content...it would seem that Google has been given notice.
--
The funny thing about firemen...night and day they're always firemen
»www.stlfire.com


FiL
Premium
join:2005-08-16
Silver Spring, MD

for MAYBE a couple of clips...but Google/ YouTube isn't above the law.

They still have to comply with how the rules. Meaning every infraction Viacom sees has to be a accompanied with a notice of removal. Thats prolly thousands of infringments, but still, they each have to have notices. Hence why it was said "Viacom can pound sand" and Google's in a safe harbor. They DID in fact TRY to filter out content, ven content they weren't "notified" about. Yep, pound away.


God
IN Vilseck Germany
Premium
join:2002-07-01
Colorado Springs, CO
clubs:
reply to russotto
suck it viacom
Forums » Viacom Sues Google/YouTube for $1Billion« Viacom's Double Standard  


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