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story category Viacom Sues Google/YouTube for $1Billion
'Massive intentional' copyright infringement
(old news - 12:23PM Tuesday Mar 13 2007)
tags: legal · Video · content
Tipped by StudioTech See Profile
Viacom has sued Google and YouTube for $1 billion, alleging "massive intentional" copyright infringement, according to a Viacom statement. In February, Viacom demanded that Google/Youtube pull all Viacom video content after the companies failed to strike a deal, in part because YouTube was slow to integrate copyright content filters. "YouTube is a significant, for-profit organization that has built a lucrative business out of exploiting the devotion of fans to others' creative works in order to enrich itself and its corporate parent Google," says Viacom. Google stock dropped to a shameful $450.20 on the news.

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Forums » Viacom Sues Google/YouTube for $1Billion
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Mike
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Oh darn.

Opened at $85, first sale at $100.

IT LOST 61 CENTS... NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!

RockCake
Premium
join:2005-07-12
Woodbridge, VA

Re: Oh darn.

Another week, another lawsuit. What else is new?

Nerdtalker
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Re: Oh darn.

said by RockCake See Profile :

What else is new?
Probably some more American Idol/[Insert mindless TV show here] episodes on YouTube.
Blackened
Your Freedom Fries Are Stale

join:2003-09-29

Re: Oh darn.

There were, for example, plenty of South Park, Daily Show, and Adult Swim videos on YouTube, which were all promptly removed, citing Viacom copyright.

I see Viacom possibly winning a lawsuit, but for nothing even remotely close to a billion dollars, since that is beyond excessive for any supposed "copyright infringement".
Meehowski

join:2002-04-16
New York Mills, NY

Oh my.........

Way to go!!
nasadude

join:2001-10-05
Rockville, MD

more american competition at it's best

alright! twice on the same day - perfect example of the american way of doing business: don't compete on price, product or service, sue their @sses!

ain't America great?

Cabal
Premium
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Boston, MA

Re: more american competition at it's best

said by nasadude See Profile :

don't compete on price, product or service, sue their @sses!
Which category does illegally using the copyrighted works of others for profit fall under? (Note: for reference, this is still theft.)

Just because someone is stealing from your store doesn't mean you business model is flawed. It means you put a big guy with a baseball bat at the front of the store and protect your assets.
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nasadude

join:2001-10-05
Rockville, MD
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Re: more american competition at it's best

said by Cabal See Profile :

Which category does illegally using the copyrighted works of others for profit fall under? (Note: for reference, this is still theft.)

Just because someone is stealing from your store doesn't mean you business model is flawed. It means you put a big guy with a baseball bat at the front of the store and protect your assets.
Bzzzzzzzztttt! Sorry, wrong answer - copyright infringement is infringement, not theft. What got "stolen"? Did the appearance of a clip on youtube make the clip disappear from viacom archives?

I'm not arguing viacom doesn't have the right to take legal action, just pointing out that this appears to be the current, default action that all the big media companies take in these circumstances.

And I'm also sorry, but it does appear big media business strategy is flawed for the digital age. The sooner they realize that and stop suing the bejesus out of anyone that does something they don't like, the sooner they will start making MORE MONEY.

brandon
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Re: more american competition at it's best

said by nasadude See Profile :

I'm not arguing viacom doesn't have the right to take legal action, just pointing out that this appears to be the current, default action that all the big media companies take in these circumstances.
You might have a point if Viacom didn't first try to reach an agreement with Youtube, and then try to have them set up content filtering, and then demand that they remove everything from the site that belonged to Viacom BEFORE they decided to sue.

This was hardly the "default" action. They gave google plenty of opportunity.

manfmmd
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said by nasadude See Profile :

said by Cabal See Profile :

Which category does illegally using the copyrighted works of others for profit fall under? (Note: for reference, this is still theft.)

Just because someone is stealing from your store doesn't mean you business model is flawed. It means you put a big guy with a baseball bat at the front of the store and protect your assets.
Bzzzzzzzztttt! Sorry, wrong answer - copyright infringement is infringement, not theft. What got "stolen"? Did the appearance of a clip on youtube make the clip disappear from viacom archives?

I'm not arguing viacom doesn't have the right to take legal action, just pointing out that this appears to be the current, default action that all the big media companies take in these circumstances.

And I'm also sorry, but it does appear big media business strategy is flawed for the digital age. The sooner they realize that and stop suing the bejesus out of anyone that does something they don't like, the sooner they will start making MORE MONEY.
What got stolen? Copyrighted works. Ask around the DI Forum and ask them if they consider the "theft" of their photographs to be stealing? 99.99% of them will come back and tell you that it IS "theft". Just because the copyrighted works are owned by "BIG BUSINESS", doesn't mean that they're not protected.
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karlmarx

join:2006-09-18
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Re: more american competition at it's best

But you can't just throw out the word 'theft', when a COPY does not deprive the original owner of a work. The correct word is 'infringement', and the supreme court ruled that infringement is NOT THEFT. They are two totally different things, and trying to describe it as 'theft' puts a negative connotation on an act that is truly victimless. Let's call it what it is, copyright infringement, not theft. The penalties for copyright infringement are ALWAYS civil, not criminal. Trying to make a civil crime into a criminal crime is just not right.
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nasadude

join:2001-10-05
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said by manfmmd See Profile :

What got stolen? Copyrighted works. Ask around the DI Forum and ask them if they consider the "theft" of their photographs to be stealing? 99.99% of them will come back and tell you that it IS "theft". Just because the copyrighted works are owned by "BIG BUSINESS", doesn't mean that they're not protected.
Well as much as you would like it to be theft and as much as the media industry would like it to be theft, IT IS NOT THEFT.

The law says it is copyright infringement (assuming it meets the req'ts and is not parody, comment, educational or other fair use). If you want to call it theft, get the law changed.

and a pirate is a person that robs people on the high seas.

cdru
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said by Cabal See Profile :

Which category does illegally using the copyrighted works of others for profit fall under? (Note: for reference, this is still theft.)
Technically I believe Google's responsibility is to comply with a DMCA take down notice. Google themselves did not post the video, a user did. If Viacom submitted a DMCA request and it wasn't followed, then we have a case.
--
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jap
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said by Cabal See Profile :

Which category does illegally using the copyrighted works of others for profit fall under? (Note: for reference, this is still theft.)
Suits are civil, theft is tried in criminal courts.

As of last year, overt filesharing of copyrighted material (within the US) is a crime, but by the endusers sharing the files, not by hosting servers. Hosts are exposed on the civil side if they they fail to exhibit due-diligence in notification and take-down.

People have been abusing the distinction *way* to much of late.

Derspankster
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said by nasadude See Profile :

alright! twice on the same day - perfect example of the american way of doing business: don't compete on price, product or service, sue their @sses!

ain't America great?
Agreed. It's a lot easier that way. Plus, you don't have to get off your dead asses to do anything. Just pick up the phone and call your lawyers.
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pnh102
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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.
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russotto

join:2000-10-05
Collegeville, PA

Re: more american competition at it's best

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
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Re: more american competition at it's best

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.
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russotto

join:2000-10-05
Collegeville, PA

Re: more american competition at it's best

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
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Re: more american competition at it's best

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.
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FiL
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Silver Spring, MD

Re: more american competition at it's best

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
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suck it viacom

Neyland85

join:2003-02-04
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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....
Kearnstd
Elf Wizard
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because people watching on Youtube is just so harmfull, whats viacom going to do next? sue Tivo because downloads and Tivo both remove ads.
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RayW
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Re: more american competition at it's best

said by Kearnstd See Profile :

whats viacom going to do next? sue Tivo because downloads and Tivo both remove ads.
Did not someone try something like that a few years ago?
--
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fiberguy
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What I don't understand is why do they always go for the un-reasonable amounts of money.. haven't they heard of restraining orders these days? or are they only reserved for the living together out of wedlock white trash I got pregnant and my dead beat boy friend is beating me class of citizens?
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Obliteration
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I should be able to sue Viacom for emotional damage

After hearing these news I almost went into shock. I'm suing them tomorrow for 1 Trillion in massive emotional damage.

It is all BS.
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morbo
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corporate jealousy

yes, youtube must get their act together to appease viacom, but it's hilarious how all the existing players despise google and their unique approach to the market. not just youtube but all their offerings. it's like corporate peer pressure/jealousy. the corporate GREED that google and their stock price and value generates is amazing.

the people like google and their "do no evil" policy. how many people can say the same for AT&T and their "spy on everyone for the NSA" policy?

Jehu
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Re: corporate jealousy

said by morbo See Profile :

yes, youtube must get their act together to appease viacom, but it's hilarious how all the existing players despise google and their unique approach to the market.
I'm not sure profiting from other people's copyrighted works is really "unique."

I'm also not sure it's "greed" on the part of viacom to say "hey google, stop stuffing your pockets with cash based on our stuff."

If there's one thing the Google is great at, it's perpetuating the popular delusion that they are some kind of non-profit org.

morbo
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Re: corporate jealousy

youtube aside, google is doing most everything right in the market.

it is funny that you believe the public is somehow delusional in their belief that google is a good company.

until they violate my privacy by giving the NSA unfettered access to phone and internet traffic for [wink wink] merger approval, then i trust them. violate that trust and all bets are off.

Jehu
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Re: corporate jealousy

said by morbo See Profile :

it is funny that you believe the public is somehow delusional in their belief that google is a good company.
It's funny that you think I said that.

And, of course they don't give away unfettered access to internet traffic. You have to pay them to get that kind of information.

FiL
Premium
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Silver Spring, MD

Re: corporate jealousy

"It's funny that you think I said that"

uhh...you DID say that. Proclaiming "everyone thinks their a non-profit" really means people percieve them to be a 'good' company, or is there some other meaning as to why you would say "non-profit"?

w.e.

All I know is Google is one of those companies that really looks out for its employees and has helped transform the net into the powerful beast it is today. Or am I delusional?

Jehu
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MA

Re: corporate jealousy

yes, non-profit is not a qualifier of a good or bad company, just what the business agenda of a company is.

Google is a for-profit company. Their interests are to make money for Google. This does not make them a bad company. Google's money-making-mechanisms are so "transparent" that few average joes stop to think how they are bursting with cash.

Here's one way, throwing ads on a site (you tube) that Viacom alleges is infringing.

Google is not an Internet innovator (beyond a fine search engine), they are an advertising, analytics, trend, marketing innovator for Internet traffic.

decadent
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How to become millionaire?

Buy YouTube ...

Nightfall
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Anyone not see this coming?

Gee, I know I wasn't the first person to say that YouTube would be a target if they were bought out. No one sued YouTube before because they didn't have anything. Now that Google has them, and they have a ton of cash, they are going to be a target of opportunity.
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lrtc

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Re: Anyone not see this coming?

Oh Ya I was waiting for this day! I hope a few more companies get together and sue them as well.

Nightfall
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Re: Anyone not see this coming?

said by lrtc See Profile :

Oh Ya I was waiting for this day! I hope a few more companies get together and sue them as well.
Don't get me wrong here, I hope they don't get sued. I think this is a great way to get free advertising on the internet. Look at the NHL and the agreement they opened with youtube and google video. Other shows should be doing the same thing here.

However, for the companies who don't want that publicity, they have that right and youtube should not stock their shows or clips online. I don't want youtube to disappear, but I do think they should be very careful about copyrighted works that are sitting on their servers. Especially those that haven't given permission to have their material on their site.
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apollo80

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said by Nightfall See Profile :

Gee, I know I wasn't the first person to say that YouTube would be a target if they were bought out. No one sued YouTube before because they didn't have anything. Now that Google has them, and they have a ton of cash, they are going to be a target of opportunity.
While it's still breaking the law b/c of copyright infringement, no point in going after someone until they have money, then nail 'em.

To qoute Ed McMahon..."You are correct, sir!"
averagedude

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said by Nightfall See Profile :

Gee, I know I wasn't the first person to say that YouTube would be a target if they were bought out. No one sued YouTube before because they didn't have anything. Now that Google has them, and they have a ton of cash, they are going to be a target of opportunity.
exactly!
hack4fun
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said by Nightfall See Profile :

Gee, I know I wasn't the first person to say that YouTube would be a target if they were bought out. No one sued YouTube before because they didn't have anything. Now that Google has them, and they have a ton of cash, they are going to be a target of opportunity.
Exactly, is to not ironic that ViaCom which is not worth nearly as much as Google sues them over such petty s@#t! Really I going to write a book on how to sue people and win

aboottime

@on.ca

About time

these companies were taken to task on their shameful business practices.

I hope Viacom gets the entire 1 Billion.

koitsu
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One BEELLION dollars!!!

...
fiberguy
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Re: One BEELLION dollars!!!

You better remove this picture... I'm sure it's copyright owners will be knocking on your door very soon for a beelion dollars.
Kearnstd
Elf Wizard
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yea but for one picture you can tell them to blow it out their ass.
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jyc76

join:2006-10-18
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1 edit

Gilmore Girls/Youtube sued

This just happened on Gilmore Girls too..

"
``The growth of YouTube, the growth of online, is so fundamental that these companies are going to be forced to work with and in the Internet,'' Schmidt said in an interview on ``Conversations with Judy Woodruff'' at Google headquarters in Mountain View, California.
"

The things is that these old media companies want it all locked down with DRM, usually Windows Media and restricted to Microsoft Windows XP or Vista. Oh you have Windows 98? Sorry...

When was the last time anyone actually watched a video on MTV's website since Youtube came out, without Digital Restrictions Management? On top of that, it was restricted to deny access to anyone outside of the US.

Jwobot

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Re: Gilmore Girls/Youtube sued

said by jyc76 See Profile :

When was the last time anyone actually watched a video on MTV's website since Youtube came out, without Digital Restrictions Management? On top of that, it was restricted to deny access to anyone outside of the US.
Why the hell would any one visit MTV's website. ZING!

morbo
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1 edit

Re: Gilmore Girls/Youtube sued

if your voice just broke and/or you just hit puberty, visit away!

Tokisha
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Last time I checked MTV, the site was purely flash based and caused even my C2D to jump up in CPU load greatly.

siouxmoux

@comcast.net

WTF Youtube an for-profit organization ??

When did Youtube Current Business Model made a Profit for Google??

karlmarx

join:2006-09-18
Nashua, NH
·Fairpoint Communic..

what is 'massive inentional'

The only way I could buy that line, is if youtube actually told the kids to post copyrighted stuff. Otherwise, youtube is just a service, and deserves the safe harbor provisions. If Viacom wants to PROTECT their intellectual property, then they need to go through the proper channels, and file a DMCA request for EVERY SINGLE 'infringing' use. As long as youtube responds and deletes said requests, they are in the clear. They GOT the DMCA, now they have to live by it. It's NOT YOUTUBES job to filter stuff, it's VIACOM'S job to monitor, and respond to infringing materials.
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brandon
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Re: what is 'massive inentional'

said by karlmarx See Profile :

The only way I could buy that line, is if youtube actually told the kids to post copyrighted stuff. Otherwise, youtube is just a service, and deserves the safe harbor provisions. If Viacom wants to PROTECT their intellectual property, then they need to go through the proper channels, and file a DMCA request for EVERY SINGLE 'infringing' use. As long as youtube responds and deletes said requests, they are in the clear. They GOT the DMCA, now they have to live by it. It's NOT YOUTUBES job to filter stuff, it's VIACOM'S job to monitor, and respond to infringing materials.
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.
Matt9

join:2004-01-29
New Bedford, MA

...

No offense, but I agree with the lawsuit. I use YouTube everyday. I go there for music videos, TV clips, etc. etc. But I do recognize that it is illegal and it is copyright infringement. And so far, besides removing videos at the companies request, YouTube has really made no considerable effort to eliminate copyrighted videos; because that's how it makes its profits. I can easily see how this could be argued in court.

KAD Imaging
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Re: ...

said by Matt9 See Profile :

No offense, but I agree with the lawsuit. I use YouTube everyday. I go there for music videos, TV clips, etc. etc. But I do recognize that it is illegal and it is copyright infringement. And so far, besides removing videos at the companies request, YouTube has really made no considerable effort to eliminate copyrighted videos; because that's how it makes its profits. I can easily see how this could be argued in court.
Uh...HOW exactly is YT making profits off video clips?? Last I checked, uploads were free, downloads were free and no $$ changes hands at any time. They only option they have is the sidebar ads that are being blocked anyway?? I seem to be confused here. I've not given YT a cent since their inception.

That's like saying BitTorrent is profiting off their torrents??
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Matt9

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Re: ...

Traffic. Website hits. The advertisements all over YouTube's pages bring Google millions. The same way MySpace makes it's cash.

Everyone knows YouTube would die out if there was nothing but personal blog videos up there. They go there to see episode promnos, clips, music videos, things like that. That's all copyrighted. Remove that and nothing is left of YouTube.

r81984
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????

Why wouldnt YouTube just pull all the viacom content?

If viacom does not want the free advertisment then YouTube should just pull their crap so they do not have to pay 1 billion dollars.
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dadkins
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1 edit

Ok Viacom...

... you struck a deal with Joost, where's the freakin content?

Lots of hype, no sunstance... WTF Chuck?
Start piping the ACTUAL content and just pound YT into the weeds.

I'll watch some of it... as long as it's worth a damn.
--
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pokesph
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spew tube

AFAIK spewtube doesn't post copyrighted items, USERS do. so.. as said above, file a DMCA request to remove what belongs to viacom and thats that.

No need to sue.. oh wait, thats FREE (well less costly) advertising for viacom.. my bad
jebba2005

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Cash or charge?

Always nice to watch this stuff unfold. Could or would a judge just pull the plug?

There are so many youtube'ish sites out there. It seems like just yesterday I was going to Youtube for the first time and thinking "what a great site".
No viacom content on Joost yet.

richardpor
Fur it up

join:2003-04-19
Portland, OR

Says it all

"YouTube is a significant, for-profit organization that has built a lucrative business out of exploiting the devotion of fans to others' creative works in order to enrich itself and its corporate parent Google,"
Above says it all.

I hope Google is hammered over this. Google could have avoided this situation simply by taking a lesson from EBay. I am an EBay seller and had a drop in sales of wedding balloons. The problem was some dirt bag with dismal feed back rip off my listing photos. I contacted EBay and the offending listing was removed in hours.

I can sympathize with Viacom; they have every right to protect their property. In addition, I feel copyright issue, blatant narcissism, and plagiarism will be the downfall of Youtube. Not only users are ripping off Viacom but also each other, especially users of you tube who will take the same poor video insert their own splash screen and post it as their own work.

PS. Viacom should be careful MTV2* had ripped off a video form Anthrocon 2006 as part of their splash screen.

* I believe it was MTV2 (havoc?) or one of the other music networks

See 10 replies to this post

Rick
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I'm really still somewhat surprised

that Google ever took on this kind of potential liability in acquiring You Tube.

To buy a business who's virtually in business for the sole reason of distributing others copyrighted works just seems like a VERY bad business decision from the start.

And then, to follow it up with what seems to be a whole lot of inaction in policing the site to remove these works seems even more bizarre a decision.

Obviously, Viacom now see's google as a potential target with their much deeper pockets. And Google has virtually set the stage for that to be the case.

Let's face it. You Tube wouldn't be much if it weren't for the copyrighted stuff they distribute. I doubt many really want to see someone else's kids birthday party videos. I guess that's why google has been so slow to act but how long can they until it catches up to them?

A billion dollar verdict against them might do the trick.
--
The Coyote captured the RR! Roadrunner Rick is now Comcastic!
dentman42

join:2001-10-02
Columbus, OH

Re: I'm really still somewhat surprised

Be funny if Google ended up buying Viacom...

ftthz
If love can kill hate can also save

join:2005-10-17

Re: I'm really still somewhat surprised

google doesn't got that kind of money ;P ... yet
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
that would be the best way out, rather then appeals just buy them and liquidate any of the useless divisions.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
ric b

join:2006-03-23
Saint Louis, MO

Re: I'm really still somewhat surprised

you mean like MTV right? didn't they used to be a MUSIC channel?
fiberguy
My views are my own.
Premium
join:2005-05-20

That is how YOU see it.. but, YouTube, for many others, is the goofy, silly, original content that people DO make on their own.

Based on what your comment stated, it appears that YOU must be one of those looking for the copyright violated material.

YouTube is far more than the so called illegal content. Ordinary people are seeing themselves in the lime light because of YouTube. Political scandals are born from YouTube... much more happens on YouTube than some viacom clips.
--
"Complaining is the least path of resistance for the self-reitchous and lazy ... those who also never take the time to point out a good fortune when the opportunity presents itself. It says a lot about one's moral character." - Unknown

TigerLord
Resident Pentaxian
Premium,Mod
join:2002-06-09
Chicoutimi

Ok...

I'm sure this will change a lot of things...

Trinijoy
Premium
join:2005-09-12
Brick, NJ

Re: Ok...

If this keeps up they are going to shut youtube.com down.
Forums » Viacom Sues Google/YouTube for $1Billionpage: 1 · 2


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