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October 28, 2008 6:21 PM PDT

Viacom hopes Google's book settlement teaches it a lesson

by Greg Sandoval

As their case grinds away in the courts, Google and Viacom continue to take shots at each other.

Google's announcement that it has paid $125 million to settle two copyright lawsuits brought by book publishers and authors is welcome news to Viacom and other copyright owners. Viacom, the behemoth entertainment company that filed a $1 billion copyright lawsuit against Google and YouTube last year, took the opportunity to compare the book publishers' case with its own.

"Copyright laws provide creators with the incentive to create the works consumers crave," Viacom said in a statement Tuesday. "It is unfortunate that the publishers had to spend years, and millions of dollars, for Google to honor that principle. We hope that Google avoids the wasted effort and comes more quickly to respect movies and television programming."

As my co-worker wrote earlier, Google is digitizing the works from many major libraries, including the New York Public Library and the libraries at Stanford and Harvard universities, and is making those texts searchable on pages with advertisements. The Authors Guild, which represents more than 8,000 authors, sued Google in September 2005, alleging that the company's digitizing initiative amounted to "massive" copyright infringement. Five large publishers filed a separate lawsuit as representatives of the Association of American Publishers.

Under the terms of the settlement, Google has agreed to pay the authors and publishers $125 million. It will also be responsible for selling access to copyrighted works in its repository. Most of the revenues from such access would go to the authors and publishers.

On the other side, Google accused Viacom last week of trying to undermine its compliance efforts and wants the judge overseeing the case to help it retrieve documents that will prove that, according to a story in MarketWatch. Google alleges that Viacom hired BayTSP, a so-called copyright cop and instructed the company not to send take-down notices for infringing activity for months in an attempt to "overwhelm YouTube."

Google has long tried to prove that it's easier for Viacom to search YouTube for pirated content than it is for YouTube.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Add a Comment (Log in or register) (8 Comments)
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by Signal-Support-System-Spc October 28, 2008 9:16 PM PDT
125 million (minus 30 mil for the establishment of the settlement Registry) is not enough. The damage has already been done and it is the authors who will suffer, not their publishers or Google for the matter.
Reply to this comment
by Renegade Knight October 29, 2008 7:08 AM PDT
The damage only exists if what Google has done has cost those authors sales.
by hates-fish October 29, 2008 12:53 AM PDT
Google did not admit any wrong doing and still says that it can legally copy the books and make parts of them available online.

The deal that they reached says that Google will use the $125 million to scan even more books to put on line and then profits will be shared between authors, publishers, and Google.
Reply to this comment
by johnericanderson October 29, 2008 5:43 AM PDT
"easier for Viacom to search YouTube for pirated content than it is for YouTube."

Easier for them to search Youtube than for us... Please. Same effort.

You make money on a product (Youtube) it is your reponsibility to do the work that is required, or suffer the consequences of getting caught (for being lazy).

Ask any other content provider.
Reply to this comment
by Renegade Knight October 29, 2008 7:07 AM PDT
Libraries are not responsible for the copyright woes of the book authors. Nor does the library have any obligation to seek out copyright issues. YouTube is like a library. It's up to the copyright owner to work out how they will conduct their own business.

There is a world of difference between a content provider and a content repository. Viacom is a provider.
by hafenbrack October 29, 2008 9:52 AM PDT
And since when has Google made any money from YouTube?
by Renegade Knight October 29, 2008 7:03 AM PDT
"Copyright laws provide creators with the incentive to create the works consumers crave,"
Wrong, Wrong, Wrong. Copyright laws reserve for the copyright holder the ability to market their work. Nothing more. If that work happens to be worthy the public will enjoy it, provided how they choose to market it doesn't make it such a royal PITA that other equilly deserving work in a more consumer friendly format gets their business instead.

Perhaps Goodle made a mistep. However they were closer to fair use than Viacom is to copyright intent.
Reply to this comment
by matchmate October 30, 2008 8:12 PM PDT
Well tell me that authors never got any benifit from using google as their revenue.

,
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