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Youtube gets sued.

CouscousCouscous Registered User regular
edited March 2007 in Games and Technology
Entertainment giant Viacom Media has announced that it is going to sue web search engine Google and video sharing website YouTube for $1bn (£517m).

Viacom has accused Google, which bought YouTube at the end of last year, of illegally using its TV programmes.

It said YouTube was guilty of "massive intentional copyright infringement".

Viacom claims that about 160,000 unauthorized clips of its programmes have been loaded onto YouTube's site and viewed more than 1.5 billion times.

The lawsuit seeks more than $1bn in damages and an injunction to prevent future copyright infringement.

"YouTube's strategy has been to avoid taking proactive steps to curtail the infringement on its site," said Viacom in a statement.

"Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws."

Last month, Viacom, which owns cable networks MTV and Nickelodeon, told YouTube to remove 100,000 "unauthorised" clips.

Viacom said its demand came after YouTube and Google failed to install tools to "filter" the unauthorised video clips.

I can't say that this is surprising. The whole thing was a lawsuit waiting to happen. I want to know what they considered as copyright infringement.

Couscous on
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    EchoEcho ski-bap ba-dapModerator mod
    edited March 2007
    titmouse wrote: »
    I want to know what they considered as copyright infringement.

    I've seen plenty of complete TV show episodes chopped up in 10-minute chunks on youtube.

    Echo on
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    CouscousCouscous Registered User regular
    edited March 2007
    Echo wrote: »
    titmouse wrote: »
    I want to know what they considered as copyright infringement.

    I've seen plenty of complete TV show episodes chopped up in 10-minute chunks on youtube.

    So have I. I would also like to know if they consider crappy music video infringement.

    Couscous on
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    ZekZek Registered User regular
    edited March 2007
    The lawsuit is absolutely right, copyright infringement without consequence is pretty much the main appeal of Youtube, especially over Google Video. They can argue that they don't endorse it, but they sure do profit off of it. Frankly I'm surprised they got away with it for so long.

    Zek on
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    TransporterTransporter Registered User regular
    edited March 2007
    Conveniently timed, I'd say.

    I'm guessing that Viacom waited Youtube out until they got bought out by a company that could pay the bill, since they were doing this FAR mor blatently before they were bought out by Google.

    Transporter on
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    CouscousCouscous Registered User regular
    edited March 2007
    Zek wrote: »
    The lawsuit is absolutely right, copyright infringement without consequence is pretty much the main appeal of Youtube, especially over Google Video. They can argue that they don't endorse it, but they sure do profit off of it. Frankly I'm surprised they got away with it for so long.

    Youtube makes a profit?!

    Couscous on
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    GooeyGooey (\/)┌¶─¶┐(\/) pinch pinchRegistered User regular
    edited March 2007
    titmouse wrote: »
    Zek wrote: »
    The lawsuit is absolutely right, copyright infringement without consequence is pretty much the main appeal of Youtube, especially over Google Video. They can argue that they don't endorse it, but they sure do profit off of it. Frankly I'm surprised they got away with it for so long.

    Youtube makes a profit?!

    I'm not sure about profit, but they certainly gather quite a bit of ad revenue.

    Gooey on
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    ZackSchillingZackSchilling Registered User regular
    edited March 2007
    Ah so I see we've finally reached the step after this:
    http://www.youtube.com/watch?v=uPs88AJcoIo

    (Warning: Foul language, I think.)

    ZackSchilling on
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    FaceballMcDougalFaceballMcDougal Registered User regular
    edited March 2007
    Viacom wants more money than Google is offering from it's ads.

    The whole lawsuit thing is just how companies 'talk' these days.

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    ThreepioThreepio New Westminster, BCRegistered User regular
    edited March 2007
    You morning slashdottism:

    1. Create filesharing site and engage in massive copyright violations
    2. Get bought by Google. Promptly get sued by Copyright holders
    3. ?????
    4. PROFIT!!!!!

    A thank you. I'll be here all week. Tip your veal, try the waitress.

    Threepio on
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    CouscousCouscous Registered User regular
    edited March 2007
    Threepio wrote: »
    You morning slashdottism:

    1. Engage in massive copyright violations
    2. Get bought by Google.
    3. ?????
    4. PROFIT!!!!!

    A thank you. I'll be here all week. Tip your veal, try the waitress.

    Err. There are more than two steps there. Fixed

    Couscous on
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    emnmnmeemnmnme Registered User regular
    edited March 2007
    The only way youtube can stop copyrighted materials from being posted (aside from their own filters) is the same way they stop porn - let the people help police the site. And that's not going to work because porn and viewing copyrighted material are completely different vices. I don't think people will go along with it.

    emnmnme on
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    SandersSanders Registered User regular
    edited March 2007
    Found this nifty quote over at fark.com
    IT probably dosn't have anything to do with the fact that Viacom has invested in a company called Joost, which is about to launch in the next few months.

    And guess what Joost is ?

    P2P Television.

    Sanders on
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    MikeRyuMikeRyu Registered User regular
    edited March 2007
    It does seem pretty obvious that this is because Google now own Youtube.

    MikeRyu on
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    fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited March 2007
    Zek wrote: »
    The lawsuit is absolutely right, copyright infringement without consequence is pretty much the main appeal of Youtube, especially over Google Video. They can argue that they don't endorse it, but they sure do profit off of it. Frankly I'm surprised they got away with it for so long.

    no, no it's not.


    the established precedent (which i also happen to believe is wrong) is that if you are encouraging infringement, you can be held liable. it's a specious viewpoint imho. however, the DMCA's safe harbor provision (probably the only decent thing in the Act, and it's not even all that good) says that you cannot be held liable for the actions of your site's users as long as you in good faith deal with any reported copyright infringement. in short, if you own something and see it on youtube, you report it, youtube removes it.

    realistically speaking, video recognition technology is almost impossible to implement. Viacom can moan and whine all they want, they know that in reality such technology is still years away. they also simply want to have control (read: make money) off their specific properties, because they see that youtube and similar sites are forging a content distribution path that will eventually cut out Viacom's, and other "traditional" media conglomerate's, roles. it's reactionary.

    does Viacom have any other choice? i don't know. certainly if they want to maintain control and make the least amount of change to their business model, then a lawsuit is probably the only course of action.

    then again, they're fighting Google, which has a humongous warchest. they have gobs of money and swim around in it like Uncle Scrooge. if anything, this is going to be interesting and hilarious.

    edit: also, Youtube, unlike a lot of more dubious file-sharing/P2P/Web2.0 apps, has demonstrated concretely that there is a viable space for user-created content. the most popular channels on Youtube are those of original authors posting their video creations (or, uh, hot girls :roll:)

    fightinfilipino on
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    LewiePLewieP Registered User regular
    edited March 2007
    I thought that Youtube policy is to take down anything if the copyright holder asks them to. I know the BBC asked Youtube to take some stuff down, and so they did.

    LewieP on
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    Marty81Marty81 Registered User regular
    edited March 2007
    Technically speaking, how exactly are you supposed to code a filter for copyrighted video? It's impossible! The only thing they can do is put up warnings and let their staff and users police the site, which they already do.

    Even Viacom, in their "remove these 100,000 infringing clips" spat last month, didn't actually check to see whether the clips they asked to be deleted were infringing or not! They just did a search based on tags, and several innocent videos were deleted as a result.

    Marty81 on
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    fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited March 2007
    Marty81 wrote: »
    Technically speaking, how exactly are you supposed to code a filter for copyrighted video? It's impossible! The only thing they can do is put up warnings and let their staff and users police the site, which they already do.

    Even Viacom, in their "remove these 100,000 infringing clips" spat last month, didn't actually check to see whether the clips they asked to be deleted were infringing or not! They just did a search based on tags, and several innocent videos were deleted as a result.

    watermarking would assist with the identification of copyrighted videos, but overall, software to "fingerprint" anything copyrighted is nigh impossible. firms have been trying to do this for music for years now, and there have been few results. there would need to be a massive breakthrough or a ridiculous drop in the cost of high-powered computing systems for such a filtering system to be even feasible. Viacom knows this. all the media outlets know this. but they are using it as a part of their "high horse" position against YouTube and its filthy infringing ways.

    "old" media needs to just get with the times.

    fightinfilipino on
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    Marty81Marty81 Registered User regular
    edited March 2007
    Marty81 wrote: »
    Technically speaking, how exactly are you supposed to code a filter for copyrighted video? It's impossible! The only thing they can do is put up warnings and let their staff and users police the site, which they already do.

    Even Viacom, in their "remove these 100,000 infringing clips" spat last month, didn't actually check to see whether the clips they asked to be deleted were infringing or not! They just did a search based on tags, and several innocent videos were deleted as a result.

    watermarking would assist with the identification of copyrighted videos, but overall, software to "fingerprint" anything copyrighted is nigh impossible. firms have been trying to do this for music for years now, and there have been few results. there would need to be a massive breakthrough or a ridiculous drop in the cost of high-powered computing systems for such a filtering system to be even feasible. Viacom knows this. all the media outlets know this. but they are using it as a part of their "high horse" position against YouTube and its filthy infringing ways.

    "old" media needs to just get with the times.

    Oh, right, watermarking. I'd forgotten about it because I don't think a workable watermarking solution will ever be found. The way I see it, for watermarking to work, you either need to build the watermark into the video/music itself or into the bitstream for the file. Both are incredibly easy to remove with modern freeware editing tools.

    Marty81 on
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    StormyWatersStormyWaters Registered User regular
    edited March 2007
    At a gut level, it certainly seems that Youtube encourages copyright infringement compared to the other online video sites. It's pretty clear Youtube doesn't do a thing themselves to stop copyright infringement.

    Also, I'd laugh if Youtube got destroyed in court when the safe harbor provision in the DMCA only applies to ISPs that provide internet connectivity, not just any internet service (which is how Youtube says they qualify for safe harbor)

    StormyWaters on
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    GyralGyral Registered User regular
    edited March 2007
    Once might ask what took Viacom so long to bring suit. And then one would be reminded that Youtube was hemmoraging funds until Google bought it up and we all know that Google has their own printing presses.

    Gyral on
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    ZackSchillingZackSchilling Registered User regular
    edited March 2007
    At a gut level, it certainly seems that Youtube encourages copyright infringement compared to the other online video sites. It's pretty clear Youtube doesn't do a thing themselves to stop copyright infringement.

    Also, I'd laugh if Youtube got destroyed in court when the safe harbor provision in the DMCA only applies to ISPs that provide internet connectivity, not just any internet service (which is how Youtube says they qualify for safe harbor)

    Who are you, Stephen Colbert, only serious? YouTube does not encourage copyright infringement. They warn users at every turn not to upload copyrighted shit, they cap video length at 10 minutes unless you have director status, they take down videos when requested, and if the request is too large to review, they'll delete it all just to be safe. Your gut is wrong.

    ZackSchilling on
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    StormyWatersStormyWaters Registered User regular
    edited March 2007
    At a gut level, it certainly seems that Youtube encourages copyright infringement compared to the other online video sites. It's pretty clear Youtube doesn't do a thing themselves to stop copyright infringement.

    Also, I'd laugh if Youtube got destroyed in court when the safe harbor provision in the DMCA only applies to ISPs that provide internet connectivity, not just any internet service (which is how Youtube says they qualify for safe harbor)

    Who are you, Stephen Colbert, only serious? YouTube does not encourage copyright infringement. They warn users at every turn not to upload copyrighted shit, they cap video length at 10 minutes unless you have director status, they take down videos when requested, and if the request is too large to review, they'll delete it all just to be safe. Your gut is wrong.

    Meh, it seems very nudgenudgewinkwink to me. Again, a gut feeling I can't shake that internally Youtube is/was aware that rampant infringement was occuring and was ok with it. On another note, what exactly does Google Video do differently that results in way less copyright infringement? Is it just having less market share?

    StormyWaters on
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    noweatnoweat Registered User regular
    edited March 2007
    fightinfilipino makes a great point about good faith, but when was the last time common sense and copyright laws were used well together?

    if you can sue people cause your website lets people check out in a couple of clicks, then suing someone because they're generating some income off your products can't be surprising anyone. however i would be surprised if viacom managed to get some money out of this.

    youtube can't be any worse than say bittorrent, but thats almost an apple vs oranges arguement.

    noweat on
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    Bob-ombBob-omb Registered User regular
    edited March 2007
    I'm surprised that Google hasn't already took the slimy Eric Baumen approach and had a box to check saying that this is "your material" and cover their ass and put the blame on some one else.

    Bob-omb on
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    fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited March 2007
    Bob-omb wrote: »
    I'm surprised that Google hasn't already took the slimy Eric Baumen approach and had a box to check saying that this is "your material" and cover their ass and put the blame on some one else.

    i think they do this already, where they actively tell users to upload only material to which they have the rights.

    but this is different than Eric Bauman, where he was actively taking other people's flash videos, games, and images, removing any sort of identifying marks from the original authors, and putting in his own stupid logo without credit. that's worse than encouraging infringement, it is infringement AND plagiarism.

    fightinfilipino on
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    ZackSchillingZackSchilling Registered User regular
    edited March 2007
    C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant YouTube all of the license rights granted herein;
    ...
    YouTube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YouTube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. YouTube reserves the right to remove Content and User Submissions without prior notice. YouTube will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. YouTube also reserves the right to decide whether
    ...
    YouTube may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

    D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail)
    ...
    E. You understand that when using the YouTube Website, you will be exposed to User Submissions from a variety of sources, and that YouTube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect thereto, and agree to indemnify and hold YouTube, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
    Wink wink nudge nudge...

    ZackSchilling on
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    StormyWatersStormyWaters Registered User regular
    edited March 2007
    I need to reread Grokster before commenting more, but I'm pretty sure the Terms of Use they had prohibited copying as well, but the companies were still actively trying to profit from encouraging copyright infringement (i.e. we're the next Napster). It doesn't apply as well to Youtube, but who knows what their internal memos say.

    Either way, I won't be surprised to see the DMCA changed to modify the safe harbor so that if your site is repeatedly allowing uploads of the same stuff that was already taken down for infringement, you're no longer immune to liability.

    StormyWaters on
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    agoajagoaj Top Tier One FearRegistered User regular
    edited March 2007
    Am i too late for a YouSued joke?

    agoaj on
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    EchoEcho ski-bap ba-dapModerator mod
    edited March 2007
    YouTube does not encourage copyright infringement. They warn users at every turn not to upload copyrighted shit, they cap video length at 10 minutes unless you have director status, they take down videos when requested, and if the request is too large to review, they'll delete it all just to be safe. Your gut is wrong.

    Didn't Viacom already give Youtube a list of shit to remove some months ago?

    Echo on
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    ArugulaZArugulaZ Registered User regular
    edited March 2007
    I do wish that shriveled corpse in charge of Viacom would just dry up and blow away. Apparently buying up every media outlet in the universe wasn't enough for him... now he wants to shake down Internet content providers for ludicrous amounts of money. YouTube already has a "no copyrighted material" policy for its users... what more could Sumner Redstone possibly want? Oh yeah, even more money he doesn't deserve.

    ArugulaZ on
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    NofrikinfuNNofrikinfuN Registered User regular
    edited March 2007
    A billion dollars sounds kind of ridiculous. Seriously, it's not like Youtube made a billion dollars on their copyrighted material. (Also, I doubt the combined content is worth a billion dollars in any way, shape or form.)

    NofrikinfuN on
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    EchoEcho ski-bap ba-dapModerator mod
    edited March 2007
    A billion dollars sounds kind of ridiculous. Seriously, it's not like Youtube made a billion dollars on their copyrighted material. (Also, I doubt the combined content is worth a billion dollars in any way, shape or form.)

    You're not using IP owner logic: every time someone watches a clip on youtube, the IP owner loses money!

    Echo on
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    JJJJ DailyStormer Registered User regular
    edited March 2007
    Echo wrote: »
    A billion dollars sounds kind of ridiculous. Seriously, it's not like Youtube made a billion dollars on their copyrighted material. (Also, I doubt the combined content is worth a billion dollars in any way, shape or form.)

    You're not using IP owner logic: every time someone watches a clip on youtube, the IP owner loses money!

    THousands of dollars per second!

    I love my precious tubes, and I am already pissed I can't view Colbert clips on youtube anymore.

    JJ on
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    NintoNinto Registered User regular
    edited March 2007
    Well see, they charge $1.99 per show on iTunes, so therefore 1 billion views on copyrighted content means $1,990,000,000 in stolen revenue! Only suing them for $1B is a bargain!

    Ninto on
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    CarnivoreCarnivore Registered User regular
    edited March 2007
    Oh man.

    You see, this is what separates companies like the BBC and NBC from Viacom.

    BBC has put short, 10 minute clips of an assload of its shows, for free, up on youtube. At no cost.

    So has NBC.

    It is free advertising. It is completely free to upload to Youtube, which must get some of the highest pageview ratings of any site on the net.

    I can't understand why Viacom wouldn't want that. Sure they get lost revenue due to copyrighted material being on there, but unless it is obscene amounts, the stuff that is on there surely only serves as advertising.

    I mean, youtube quality isnt great. If in the future a site comes along thta offers this sort of service but with DVD quality, like when our net connections are faster, then maybe.

    Otherwise, if I owned Viacom, Id stick all my stuff on there like the beeb and rake in the cash.

    Carnivore on
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    JJJJ DailyStormer Registered User regular
    edited March 2007
    Warner Brothers has a youtube channel that's just music videos. Pretty awesome.

    JJ on
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    Recoil42Recoil42 Registered User regular
    edited March 2007
    Carnivore wrote: »
    Oh man.

    You see, this is what separates companies like the BBC and NBC from Viacom.

    BBC has put short, 10 minute clips of an assload of its shows, for free, up on youtube. At no cost.

    So has NBC.

    It is free advertising. It is completely free to upload to Youtube, which must get some of the highest pageview ratings of any site on the net.

    I can't understand why Viacom wouldn't want that. Sure they get lost revenue due to copyrighted material being on there, but unless it is obscene amounts, the stuff that is on there surely only serves as advertising.

    I mean, youtube quality isnt great. If in the future a site comes along thta offers this sort of service but with DVD quality, like when our net connections are faster, then maybe.

    Otherwise, if I owned Viacom, Id stick all my stuff on there like the beeb and rake in the cash.


    As pointed out before, it's because they plan to make a ton of money on Joost.

    http://joost.com/
    http://en.wikipedia.org/wiki/Joost
    In February 2007, Viacom entered into a deal with the company to distribute content from its media properties, including MTV Networks, BET and film studio Paramount Pictures.

    Until Youtube is ready to give them at least as much money in advertising revenue as Joost is, and show ads during video playback, Viacom will tell them to get bent, and sue the fuck out of them.

    Recoil42 on
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    CarnivoreCarnivore Registered User regular
    edited March 2007
    Ah ok I missed that.

    Still bullshit though.

    Why would I want to watch a show online, with ads.

    I mean, the whole fucking reason youtube is popular is because of its simplicity and ease of use.

    If you put interstitial ads in youtube, then it would die instantly.

    Carnivore on
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    JJJJ DailyStormer Registered User regular
    edited March 2007
    Joost is the dark side.

    It's evil.

    Youtube is like Luke Skywalker.

    JJ on
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    BiggNifeBiggNife Registered User regular
    edited March 2007
    Carnivore wrote: »
    Oh man.

    You see, this is what separates companies like the BBC and NBC from Viacom.

    BBC has put short, 10 minute clips of an assload of its shows, for free, up on youtube. At no cost.

    So has NBC.

    It is free advertising. It is completely free to upload to Youtube, which must get some of the highest pageview ratings of any site on the net.

    I can't understand why Viacom wouldn't want that. Sure they get lost revenue due to copyrighted material being on there, but unless it is obscene amounts, the stuff that is on there surely only serves as advertising.

    I mean, youtube quality isnt great. If in the future a site comes along thta offers this sort of service but with DVD quality, like when our net connections are faster, then maybe.

    Otherwise, if I owned Viacom, Id stick all my stuff on there like the beeb and rake in the cash.
    Was Youtube actually making an effort to get rid of non-authorized Viacom videos? I know they recently got rid of all the full episodes of Heroes (probably to promote using NBC.com), and like you said NBC doesnt have a problem with them.

    BiggNife on
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