- Related Stories
-
YouTube's fate rests on decade-old copyright law
March 13, 2007 -
Viacom sues Google over YouTube clips
March 13, 2007 -
Murdoch the latest media mogul to take on YouTube
February 8, 2007 -
Viacom to YouTube: Take down pirated clips
February 2, 2007
Ever since Google closed its $1.6 billion acquisition of YouTube last fall, the countdown began. In the absence of a licensing deal, the likelihood grew that one or more of the entertainment conglomerates whose videos regularly got reposted on the service without their permission would turn to the courts for redress.
Even though YouTube has grown exponentially, the bulk of its traffic still depends upon videos made by professional content creators. Its apologists can claim that certain provisions of the hopelessly antiquated Digital Millennium Copyright Act offer protection. But the folks running Google aren't dummies.
They recognize the risks of walking around with a veritable Sword of Damocles trailing everywhere. There's no higher principle at stake here. The only folks spoiling for a war are certain knuckleheads in the peanut section.
So it is that there is a silly notion making the rounds that Viacom is making a terrible business mistake. You can find many expressions of the same tired theme. One particularly logicfree argument maintains that by demanding that YouTube pull purloined videos off its service, Viacom is only hurting itself because the Google-owned video-sharing site is a "promotional vehicle."
I'm sure that comes as astonishing news to Viacom. Since the lawsuit talks about "rampant infringement" causing grave harm to businesses that actually generate creative works of content, what gives? I can only suppose that the memo explaining the windfall the corporation can expect from ignoring copyright infringement got stuck in the mail room.
Ah, but I forgot; they're all corporate thieves anyway. And they likely smell of BO, to boot.
Viacom's critics are predictably snorting mad today. The message boards are lit up with angry "viewers" threatening never to watch another Daily Show clip again. (Guys, I think the lawsuit obviates the need for the boycott, but never mind.)
In their worldview, Viacom's legal claims are merely bogus corporate claptrap from a big media power more interested in protecting its turf than in playing nice with the "information just wants to be free" crowd. But let's not confuse things. This is anything but a modern-day struggle between David and Goliath.
Viacom and Google are two mega companies trying to figure out the rules for coexistence in a digital reality that didn't exist a couple of years ago. The last thing Google wants is a protracted and expensive legal fight. Ditto for Viacom and the rest of the content creators out there.
Everyone knows what needs to happen. Agreeing on the details is the hard part. Sources say everybody's talking with everybody but that the hang-up is about money (isn't it always?).
Coop's Corner podcast
about why Viacom's lawsuit
against Google and YouTube
comes as no surprise.
Viacom and the rest of the creative community can do wonderfully well by using the Internet to their advantage. But they first need to forge an agreement that will protect them from nitwits who view cyber rip-offs as another expression of viral marketing.
You get this over and over again in any discussion of copyrights and YouTube. I recall how one misleading-titled blog post approvingly mentioned the results of a CBS poll finding a connection between the downloading of video and an increase in television viewing. The poster conveniently ignored the salient point of the report: CBS wanted a way to profit by streaming its own programming. YouTube wasn't part of the equation.
For CBS, the Internet would serve as another distribution channel--one in which it could exercise proper control over its property.
Is that too radical a notion for most of us to accept? Not if you have half a brain. The rhetoric on all sides may escalate, but cooler heads surely will find a way to figure out a sensible accord. That's what nearly always happens.
In the meantime, here's my advice to anyone who wants to watch John Stewart: Stop whining, and pay for the damned subscription.
Biography
Charles Cooper is CNET News.com's executive editor of commentary.
See more CNET content tagged:
Viacom Inc., YouTube, lawsuit, Google Inc., video






Yes, theft of content is still theft of content, but to say that what YouTube offers would be a sufficiently good alternative as to negatively impact ViaCom's own offerings seems laughable.
But are you honestly saying that someone who goes to YouTube to watch a video clip will then go elsewhere and pay to watch the clip? If so, you're seriously deluded or just flat out lying.
You could have made the argument that someone watching the free crappy video would never have bought the clip anyway, and there is room for debate on that view. But YouTube most certainly is competing with Viacom offering the same video clip. If Viacom was claiming every viewing on YouTube was a lost sale (ala RIAA reasoning) I'd strongly disagree, but that's not the issue here. They simply don't want their clips hosted and it's their right.
The issue is Attention. Without it, there's no advertising revenue and that's how both of these companies stay in business.
Yes, theft of content is still theft of content, but to say that what YouTube offers would be a sufficiently good alternative as to negatively impact ViaCom's own offerings seems laughable.
But are you honestly saying that someone who goes to YouTube to watch a video clip will then go elsewhere and pay to watch the clip? If so, you're seriously deluded or just flat out lying.
You could have made the argument that someone watching the free crappy video would never have bought the clip anyway, and there is room for debate on that view. But YouTube most certainly is competing with Viacom offering the same video clip. If Viacom was claiming every viewing on YouTube was a lost sale (ala RIAA reasoning) I'd strongly disagree, but that's not the issue here. They simply don't want their clips hosted and it's their right.
The issue is Attention. Without it, there's no advertising revenue and that's how both of these companies stay in business.
out. So I can get a piece of the pie!
out. So I can get a piece of the pie!
Just one question: When Google purchased YouTube, I wonder if they agreed to accept all of the liability for this easily forseable problem. If you buy a company with a physical space that has environmental liabilities, unless the buyer assumes the responsibility, the seller retains significant liability. What happens when you buy a company like YouTube? Do they have to clean up some of their mess - like a problematic business model - or is Google on the hook for it all?
When Google bought YouTube, they became on the hook.
Even though they are "technically" complying with the DCMA act by removing the video as soon as its reported, they are still on the hook because as soon as it goes down, it comes back up.
What is interesting is that Viacom didn't go after the posters who are putting up the material in the first place.
Just one question: When Google purchased YouTube, I wonder if they agreed to accept all of the liability for this easily forseable problem. If you buy a company with a physical space that has environmental liabilities, unless the buyer assumes the responsibility, the seller retains significant liability. What happens when you buy a company like YouTube? Do they have to clean up some of their mess - like a problematic business model - or is Google on the hook for it all?
When Google bought YouTube, they became on the hook.
Even though they are "technically" complying with the DCMA act by removing the video as soon as its reported, they are still on the hook because as soon as it goes down, it comes back up.
What is interesting is that Viacom didn't go after the posters who are putting up the material in the first place.
YouTube has overhead for running their service so they need to make money. Viacom and the others need to let loose of the reins a little bit and think of a way to work with YouTube and other internet services and it will benefit them a lot more than suing everyone. The more people who view a clip from the Daily Show the more people it bring to actually watch the show. Sure some people don't have basic cable and technically should not be able to watch the clips but at some point that person might decide that it is worth getting basic cable because of things that they saw on YouTube.
Viacom and the like want total control and instant gratification rather than trying to use new technology to nurture future paying customers. And no, I don't work for YouTube.
YouTube has overhead for running their service so they need to make money. Viacom and the others need to let loose of the reins a little bit and think of a way to work with YouTube and other internet services and it will benefit them a lot more than suing everyone. The more people who view a clip from the Daily Show the more people it bring to actually watch the show. Sure some people don't have basic cable and technically should not be able to watch the clips but at some point that person might decide that it is worth getting basic cable because of things that they saw on YouTube.
Viacom and the like want total control and instant gratification rather than trying to use new technology to nurture future paying customers. And no, I don't work for YouTube.
Copying work and posted it on the web is *not* plagiarism. Plagiarism is copying work and then calling it your own. Your analogy doesn't apply in any way, shape, or form. As the web progresses, society should keep up. Just because something used to be one way doesn't mean it always should be. Tradition doesn't justify itself. As the web progresses, society, culture, and economics should do its best to progress as well instead of spending all this money holding onto a business model that is dying in the electronic world.
http://en.wikipedia.org/wiki/Fair_use
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
>> Before web videos ruled the net, copying someones work and posting on the web was called plagiarism and is still scorned upon. <<
http://en.wikipedia.org/wiki/Fair_use
Plagiarism?using someone's words, ideas images, etc. without acknowledgment?is a matter of professional ethics. Copyright is a matter of law.
From Wikipedia:
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
>> Before web videos ruled the net, copying someones work and posting on the web was called plagiarism and is still scorned upon. <<
From Wikipedia:
Plagiarism?using someone's words, ideas images, etc. without acknowledgment?is a matter of professional ethics. Copyright is a matter of law.
Copying work and posted it on the web is *not* plagiarism. Plagiarism is copying work and then calling it your own. Your analogy doesn't apply in any way, shape, or form. As the web progresses, society should keep up. Just because something used to be one way doesn't mean it always should be. Tradition doesn't justify itself. As the web progresses, society, culture, and economics should do its best to progress as well instead of spending all this money holding onto a business model that is dying in the electronic world.
http://en.wikipedia.org/wiki/Fair_use
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
>> Before web videos ruled the net, copying someones work and posting on the web was called plagiarism and is still scorned upon. <<
http://en.wikipedia.org/wiki/Fair_use
Plagiarism?using someone's words, ideas images, etc. without acknowledgment?is a matter of professional ethics. Copyright is a matter of law.
From Wikipedia:
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
>> Before web videos ruled the net, copying someones work and posting on the web was called plagiarism and is still scorned upon. <<
From Wikipedia:
Plagiarism?using someone's words, ideas images, etc. without acknowledgment?is a matter of professional ethics. Copyright is a matter of law.
[i]"They recognize the risks of walking around with a veritable sword of Damocles trailing everywhere."[/i]
Okay, dude - that was just very painful to read.
You do know that the sword in question [i]hung by a hair right over Damocles' scalp[/i], right? So, umm, how exactly does that sword go about "trailing" around everywhere?
http://en.wikipedia.org/wiki/Damocles
Sorry 'mano, but that sorta blew it for me. Was too busy going "***?" in my head a lot to bother w/ the rest of the blog...
/P
>>More generally, it is used to denote a precarious situation and sense of foreboding thereof, especially one in which the onset of tragedy is restrained only by a delicate trigger or chance.
[i]"They recognize the risks of walking around with a veritable sword of Damocles trailing everywhere."[/i]
Okay, dude - that was just very painful to read.
You do know that the sword in question [i]hung by a hair right over Damocles' scalp[/i], right? So, umm, how exactly does that sword go about "trailing" around everywhere?
http://en.wikipedia.org/wiki/Damocles
Sorry 'mano, but that sorta blew it for me. Was too busy going "***?" in my head a lot to bother w/ the rest of the blog...
/P
>>More generally, it is used to denote a precarious situation and sense of foreboding thereof, especially one in which the onset of tragedy is restrained only by a delicate trigger or chance.
copyrights and intellectual property as concepts are outdated and no longer apply. YouTube is the actual reflection of reality, a social site where people gather and share what they like in common, original and "copyrighted" alike. it's what people ALREADY do in real life and HAVE been doing ever since culture as a concept came about for humans.
this is just the natural evolution of what the internet can and MUST be. Viacom, ironically enough, represents old media that needs to evolve with the times or get OUT of the way.
"Copyrights and intellectual property as concepts are outdated and no longer apply?" What kind of fantasy world do you live in? They apply as much now as they did with the invention of the printing press. What do you think that the Internet is? It's another communication medium. It's made it technically easy to violate copyright, but it certainly hasn't changed the need for the underlying principles.
And what content that anybody wants to watch have YOU created?
Lookit - copyright in and of itself is needed. Linux and the GPL
rely on copyright just as much as Windows and its EULA does.
Intellectual Property (the proper term, not the abused version
bandied about in certain quarters) is a necessary product and
currency of the Information Age (at least at this time).
Dunno what you were thinking when you wrote your post...
/P
copyrights and intellectual property as concepts are outdated and no longer apply. YouTube is the actual reflection of reality, a social site where people gather and share what they like in common, original and "copyrighted" alike. it's what people ALREADY do in real life and HAVE been doing ever since culture as a concept came about for humans.
this is just the natural evolution of what the internet can and MUST be. Viacom, ironically enough, represents old media that needs to evolve with the times or get OUT of the way.
"Copyrights and intellectual property as concepts are outdated and no longer apply?" What kind of fantasy world do you live in? They apply as much now as they did with the invention of the printing press. What do you think that the Internet is? It's another communication medium. It's made it technically easy to violate copyright, but it certainly hasn't changed the need for the underlying principles.
And what content that anybody wants to watch have YOU created?
Lookit - copyright in and of itself is needed. Linux and the GPL
rely on copyright just as much as Windows and its EULA does.
Intellectual Property (the proper term, not the abused version
bandied about in certain quarters) is a necessary product and
currency of the Information Age (at least at this time).
Dunno what you were thinking when you wrote your post...
/P
my point?
that there is a tremendous value in these video clips. and yes, maybe from a short sighted view, protecting the "traditional" business paradigm might seem logical and "safe", but the only true logic takes into account what we have learned from experience, not just what makes sense on paper. and experience has very unfailingly shown is that people will share information and media. like the war on drugs, no matter how much money or people or tracking or anything you throw at it, people WILL find a way. so is it smarter to anger all those who have any interest in your product by making it more difficult and frustrating to use. and one of the biggest truths about life is that some things change and some things stay the same. a much wiser approach would be to try and determine which things will change (medium of information we use to make decisions) and which things will not (people are visual, gregarious and like free stuff. youtube provided a community that well addresses all these, and it is obvious they are successful).
so viacom needs to step up, find a way to use to take advantage of the new situation instead of wasting more money on legal crap than they would have lost in protecting their old scheme of things.
- maybe a better idea...
- by randymorris March 14, 2007 9:43 AM PDT
- yesterday i had heard about a movie called idiocracy while listening to the twit podcast (free). i watched a few clips on youtube and this solidified my interest and i purchased the dvd last night. the movie retailed at walmart for $20 and i normally would not pay that much for a dvd. but because i was certain i would like the movie, i made the purchase. a similar effect occurred with me and a bunch of my friends concerning a video game called world of warcraft. none of us had any interest in playing a computer video game at the time. however, we came across a clip on youtube about a character name leeroy jenkins. this clip peaked our interest so much we had to try the game. two years later we have $3000 invested in this game between the three of us in subscription fees, upgrades, and buying online gold, all due to one video clip on youtube. i have heard many other player of world of warcraft that have admitted to having the same clip have the same effect on them.
- Like this Reply to this comment
-
Showing 1 of 2 pages (190 Comments)my point?
that there is a tremendous value in these video clips. and yes, maybe from a short sighted view, protecting the "traditional" business paradigm might seem logical and "safe", but the only true logic takes into account what we have learned from experience, not just what makes sense on paper. and experience has very unfailingly shown is that people will share information and media. like the war on drugs, no matter how much money or people or tracking or anything you throw at it, people WILL find a way. so is it smarter to anger all those who have any interest in your product by making it more difficult and frustrating to use. and one of the biggest truths about life is that some things change and some things stay the same. a much wiser approach would be to try and determine which things will change (medium of information we use to make decisions) and which things will not (people are visual, gregarious and like free stuff. youtube provided a community that well addresses all these, and it is obvious they are successful).
so viacom needs to step up, find a way to use to take advantage of the new situation instead of wasting more money on legal crap than they would have lost in protecting their old scheme of things.