YouTube privacy at risk in Google-Viacom ruling

Google scored a legal victory in keeping its search source code secret from Viacom, but YouTube users were not so fortunate with their privacy.

A federal judge ruled on Wednesday (PDF) that the search giant doesn't have to turn over the code to Viacom, which filed a $1 billion copyright infringement lawsuit against Google in 2007.

In granting Google's motion for a protective order, U.S. District Judge Louis L. Stanton in Manhattan agreed with Google's characterization of the source code as a trade secret that can't be disclosed without risking the loss of business.

"YouTube and Google should not be made to place this vital asset in hazard merely to allay speculation," the judge said. "A plausible showing that YouTube and Google's denials are false, and that the search function can and has been used to discriminate in favor of infringing content, should be required before disclosure of so valuable and vulnerable an asset is compelled."

The judge also denied Viacom's motion for Google to produce source code for its Video Identification Tool, which helps copyright notify Google of copyright infringement.

However, the judge granted a Viacom motion that records of every video watched by YouTube users, including their login names and IP addresses, be turned over to the entertainment giant.

The Electronic Frontier Foundation called the ruling a threat to YouTube users' privacy.

"The court's order grants Viacom's request and erroneously ignores the protections of the federal Video Privacy Protection Act (VPPA), and threatens to expose deeply private information about what videos are watched by YouTube users," the EFF said in a statement.

At stake in the legal battle is a key part of the Digital Millennium Copyright Act (DMCA), the 1998 law that shields Web site owners from copyright infringement involving material published by users. The "safe harbor" provision in the law can protect against infringement claims as long as copyrighted material is removed upon notification.

After the suit, YouTube launched an antipiracy tool that checks uploaded videos against the original content in an effort to flag piracy.

[iertry]

This is definately not good for youtube users....basically all internet users. It doesn't matter what viacom does with the data it's the fact that a judge granted permission for the data to be given t them. What's next? ISP's handing out a list of all the sites we've visited to marketers?

[benjaminstraight]

Go Google!

[v0dkacomradwe]

Nice to see that Constitutional rights are eroded once again by our government, ISPs, and in a way by Google...the "alleged" end-user advocates. This ruling is also on the stupid side since I would venture to say that a great percentage of the user logs would indicate IP addresses leased by DHCP...which changes. So if they want to go after a user with a certain IP address from a while back, they will likely end up going after the wrong person. The intention of users posting things on YouTube is not necessarily piracy that I have ever seen, but trying to have a little fun using materials openly available in front of them. A word to Viacom- all you have proven is that you hate and dispespect the Constitution, American citizens and their rights to freedom of speech, YouTube users, YouTube itself...all in the name of money. The shame is all YOURS, not the YouTube users!

[partytildawn]

So, let me get this straight, "records of every video watched by YouTube users, including their login names and IP addresses, be turned over to the entertainment giant." Not the login names and IP addresses of those posting videos, rather, the information of those WATCHING videos. So, every single YouTube viewer now has his IP address and login name in the hands of Viacom. This type of mass release of such private information has already been ruled unconstitutional by federal courts. So, Google turned its users over to keep from having to release its code. So much for DO NO EVIL.

[partytildawn]

So, let me get this straight, "records of every video watched by YouTube users, including their login names and IP addresses, be turned over to the entertainment giant." Not the login names and IP addresses of those posting videos, rather, the information of those WATCHING videos. So, every single YouTube viewer now has his IP address and login name in the hands of Viacom. This type of mass release of such private information has already been ruled unconstitutional by federal courts. So, Google turned its users over to keep from having to release its code. So much for DO NO EVIL.

[Pete Bardo]

Hey PartyTilDawn--you must have been. The judge granted Viacom's motion requesting this information. There's no indication of a Google negotiation to trade one for the other. Maybe you know something that isn't stated in this article. Sadly, it doesn't appear to be Google invading users' privacy, but, instead, the courts and this particular judge ignoring the rights of "free" citizens on the eve of our Independence Day celebration. Ok, so we celebrate independence but forget about the freedom--it's been gone a long time now.

[ErnieTheBear]

Last time I looked, the bulk of GooToob videos didn't require you to log in to view them. Did I miss something? How are they going to provide data they don't even have, and just as important, why would GooToob even be saving this data in the first place, unless it was for future spammery purposes? The whole thing smells.

[gchhour]

One word can explain all of this: Uneccesary

[fax_away]

Not wanting to wait for the courts on this one I'm going to fax Viacom my youtube viewing history. Not sure where to send it...since it's properties include:

VH1, CMT, Logo, Harmonix, Nickelodeon, Noggin, Nick at Nite, AddictingGames, Neopets, COMEDY CENTRAL, Spike TV, TV Land, AtomFilms, Gametrailers, BET, Paramount Pictures, DreamWorks Pictures and Paramount Vantage

Maybe I'll start with:

Jeff Pryor, Viacom Executive VP Corporate Communications
fax: [phone]

Heck maybe I'll just print it out and mail it to them since, as one person suggested, perhaps they'd like a hard copy.

[dirty55409]

Viacom is stating they're only going to use the sensitive information to see if Copyrighted videos are watched more than non-copyrighted videos. Psh yeah right!!! They're not going to go after each person who watched the copyrighted stuff, and probably not go after the people who posted them(but you never know), what they'll most likely do is use the information to spam the crap out of everyone, and use the info to begin their mind control scheme. lol

[foreyk]

I can't believe it. I understand the measures to protect their stuff, but at the cost of citizen privacy is unacceptable.. What wrong with that Judge.. I'm sure he will get really off if some log and publish what he had done when he surf the net.. who next CNETTV...