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May 25, 2007 5:32 AM PDT

N.J. Turnpike Authority hops ride on 'Let's sue YouTube!' bandwagon

by Caroline McCarthy
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YouTube just can't seem to keep those lawsuits off its back. The New Jersey Turnpike Authority has sued the massive video-sharing portal for copyright infringement concerning a widely-circulated video of car crash footage that was taped with an NJTA camera.

The crash in question took place on the N.J. Turnpike on May 10 and resulted in one fatality. The NJTA's complaint, a copy of which was obtained by CNET News.com, says that "the video serves no worthwhile purpose and shows a tremendous lack of common human decency towards the family of the victim." It's not clear as to how YouTube users got their hands on the NJTA footage in the first place. The complaint says that it was intented to be confidential and was "wrongfully misappropriated and disseminated."

YouTube apparently complied with the NJTA's initial takedown notice. Unfortunately, by then, other YouTube users had re-uploaded the video, and the NJTA's complaint claims that YouTube made no effort to prevent other users from uploading the same video. The lawsuit additionally encompasses NextPoint LLC, the company that owns video-sharing site Break.com, as well as several other individuals and corporations that have not yet been named.

The U.K.-based site LiveLeak.com was also included in the lawsuit, but the NJTA dropped it from the list of defendants when it successfully removed the video.

(Originally linked via eWeek)

Caroline McCarthy, a CNET News staff writer, is a downtown Manhattanite happily addicted to social-media tools and restaurant blogs. Her pre-CNET resume includes interning at an IT security firm and brewing cappuccinos. E-mail Caroline.
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YAWN -- What about the Freedom of Information Act
by JCPayne May 25, 2007 6:30 AM PDT
It is sad when even the government doesn't have anything better to do....
Reply to this comment
That's the wrong lawsuit
by arangod May 25, 2007 7:40 AM PDT
In addition to the NJTpkA lawsuit the family should be suing the NJTpkA for releasing the recording. The NJTpkA should be more concern with finding out how the recording was made available to YouTube users. The NJTpkA is trying to cover the fact that there is a potential security concern by jumping on the copyright infringement wagon. How did the recording get out and who has access to these recordings?
Reply to this comment
Access to Video
by Renegade Knight May 25, 2007 12:54 PM PDT
Hopefully anybody who askes has access to these videos. However if privacy is a concern...that should be addressed by the law.

In the end even if privacy is a concern, videos such as these are useful to car makers, roadway engineers and the like. Even the public (don't drink and drive...speed kills...etc.).

It's one thing to design and test things to NCHRP 350 standards. It's another to see how things react in the real world in non controlled conditions.
Geez!
by cao_black May 25, 2007 7:56 AM PDT
The NJTA's complaint, a copy of which was obtained by CNET News.com, says that "the video serves no worthwhile purpose and shows a tremendous lack of common human decency towards the family of the victim."

And how is this different from the evening news??? Besides, wouldn't that be considered a public camera since it was paid for with taxpayer dollars?
Reply to this comment
Good!
by baivab May 25, 2007 8:22 AM PDT
Very good - what NJTP is doing. There are folks who died in the accident. Turning it into a freak show for teen crowd to watch and cheer on the pretext of Freedom of Information - that's B#$LLS. YouTube should be shut down.
Reply to this comment
BS? Hardly.
by Renegade Knight May 25, 2007 12:49 PM PDT
One persons freak show is another persons inpiration to become an engineer and prevent these kinds of accidents and make cars safer.

Did you ever stop and ask yourself why there are cameras to begin with if the video they take can't be used for anything?

If the video is disrespectful to the fatality then it should never have been taken. If it isn't, and it has a purpose then it should.
RE: 'Let's sue YouTube!'
by protagonistic May 25, 2007 8:34 AM PDT
It is always easier to sue and to try to suppress the information
than it is to try and fix the problem. Looks like NJ has been taking
lessons from the software industry.
Reply to this comment
Don't know where they got the video?
by OscarWeb May 25, 2007 9:33 AM PDT
While I have not personally seen this mentioned video, how about the live NJTA traffic cams?

http://www.state.nj.us/turnpike/nj-conditions-cams.htm
Reply to this comment
Terms of use?
by Alexandra Chisholm May 27, 2007 7:12 AM PDT
The reaction to this story surprises me, because the videos are
taken for security purposes. This is not the RIAA scrapping for
money, it's a government agency trying to draw a line between
selectively-used personal information and a Big-Brother free-
for-all. I assume (hope!) that security videos on highways, on
streetcorners, in the subway, at banks, etc., have regulated
terms of use, in which case, the NJTA is probably covering its
you-know against a suit from the family or another party. Yes,
we pay for the taking of those videos, but is that the same as
granting carte blanche to their distribution? What I find funny is
the reaction, because if we were talking about a (legally
recorded) phone call as opposed to a video, people would be up
in arms over the privacy violation. Just my 1.5 cents.
Reply to this comment
PS -
by Alexandra Chisholm May 27, 2007 7:23 AM PDT
I meant to say, as a conclusion, that the real issue here is that the
information was illegally obtained/leaked, and that it is the NJTA's
OBLIGATION to try to stop further illegal distribution of what was
intended to be protected personal information.
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