The Macrosite for News, Analysis and Opinion about the Future of the Internet
Will Richmond

Viacom, Google/YouTube Flap Hits Slippery Slope

Written by Will Richmond
7/9/2008 3 comments
no ratings
DISCUSS     Email This

If you were off the grid last week celebrating the July 4th holiday, there were some important fireworks in the ongoing Viacom -- Google/YouTube litigation you may have missed -- even though you’re not likely to miss the aftershocks.

Judge Louis Stanton of the U.S. District Court in New York, who is presiding over the litigation, handed down an opinion that granted and denied some of what each party was requesting. The opinion is here. I have read it and below is my synopsis (remember I'm not a lawyer):

Table 1: The Latest Ruling

Viacom motion Opinion
1 Production of Google's search code to support Viacom's allegation that Google/YouTube modified its code to faciliate the location of Viacom's infringed content Denied
2 Production of Google/YouTube's "Video ID" code to support Viacom's allegation that Google/YouTube could have done more to control infringement Denied
3 Copies of all videos once available on YouTube, but later removed, to help Viacom identify which of them infringe their copyrights Granted
4 Production of YouTube's "Logging" database, which includes user's unique login ID, time each video was watched, IP address, and the video's identifier, all to help Viacom compare the attractiveness of allegedly infringed videos with that of non-infringed videos Granted
5 Production of "User" and "Mono" databases, which include information about all YouTube videos, including user-supplied title and keywords, public comments, whether it was flagged as inappropriate, whether administrative action was taken in response, whether user who posted it was terminated -- all to help Viacom, among other things, to find further evidence that Google/YouTube knew or should have known about the infringing activity Denied
6 Production of the Google Advertising Schema to help Viacom show what Google/YouTube could have known about how their ad revenues were associated with infringing content Denied
7 Production of Google Video Schema to help Viacom show that Google/YouTube were aware of infringements and had the ability to control these infringements Granted
8 Production of all copies of videos marked "Private" but which may have been shared with the public while evading detection by content owners, to help Viacom properly argue their construction of the Electronic Communications Privacy Act Denied, except to extent of providing "non-content" data about these videos

The fourth item is the one that has attracted the most attention and controversy. Privacy advocates are ballistic that granting access to YouTube’s database is a violation of users' privacy rights. A cottage industry of ridicule has broken out across the blogosphere regarding whether the 80-year-old Judge Stanton is sufficiently tech literate to grasp online privacy concerns. Many believe Viacom will use the data to sue individual users for viewing pirated copies of Viacom's programs on YouTube.

Like everyone else, I'm concerned about privacy and recognize that Judge Stanton has moved this case into some very slippery territory. Yet, at a higher level, I'm feeling some resentment toward Google and YouTube, especially given Google’s famous "do no evil" mantra.

There is no question that these companies knew pirated versions of key programs from Viacom (and others) were showing up on YouTube, yet months went by without them candidly addressing the issue and doing something sufficiently proactive about it. As a result, YouTube’s users -- courtesy of Judge Stanton’s decision -- have been dragged into this morass. That’s a real problem for everyone. I for one believe that when we use various Websites, there is an implicit and explicit understanding that our privacy will be aggressively safeguarded.

While sites have a right to defend their business practices based on their interpretation of the existing laws, they need to balance this by considering what impact their actions may ultimately have on their users. Each of us has our own interpretation of what Google/YouTube could have or should have done to protect Viacom's and others' copyrights. But Judge Stanton's decision shows that the extent of YouTube users' privacy protection is now entirely up to his interpretation.

— Will Richmond, Editor/Publisher, VideoNuze

DISCUSS     Email This
Current display:       newest comments first       display in chronological order
Mr. Roques
Researcher
Friday July 11, 2008 10:29:06 AM
no ratings
With the other issue of telecommunication spying and the law that grants immunity to telecom operators, I wonder why Google hasn't gotten some of that? I guess Verizon and AT&T have better lobbyists!
Gary W. Griffin
IQ Crew
Friday July 11, 2008 9:47:46 AM
no ratings

Will, you’ve hit upon a number of interesting points in you post.  I think the fundamental question is who owns what and how is it protected on the Internet.  Unfortunately, this issue will not be quickly or easily resolved. 

I think we’re going to see more of these issues pop up in the near future.  They will involve the legal system and will focus on issues of private vs. public domain.  Increasingly, judges will be expected to rule on such issues even when they don’t have the knowledge, experience and training they need to do so.  Such rulings will be made based on questions of whom owns what intellectual property and how is it protected in cyberspace?  Even more critical issues to be decided are around safety and security of all Internet users.   

There are now over 1 billion people on the Internet, and most of these are from countries other than the United States.  When you cross cultural and country boundaries, I think these issues get even more difficult.

As I said, this isn’t the last time you’ll see these issues surface.

Gary W. Griffin,  Ph.D.

Mary Jander
Thinkernetter
Thursday July 10, 2008 4:56:53 PM
no ratings

One aspect of the ruling I find interesting is the implication that users may be responsible for having trusted a Web site to keep their identities private, even if both the supplier and the user were aware of the potential for copyright infringement or some other lurking liability.

Another blogger, Andrew Keen, doesn't let anyone off the hook for this:

 http://www.internetevolution.com/author.asp?section_id=556&doc_id=155800

It seems like a moral as well as legal mess.

The ThinkerNet does not reflect the views of TechWeb. The ThinkerNet is an informal means of communication to members and visitors of the Internet Evolution site. Individual authors are chosen by Internet Evolution to blog. Neither Internet Evolution nor TechWeb assume responsibility for comments, claims, or opinions made by authors and ThinkerNet bloggers. They are no substitute for your own research and should not be relied upon for trading or any other purpose.
previous posts from Will Richmond
Will Richmond
Will Richmond   5/27/2008   3 comments
A recent article in the New York Times, "In the Age of TiVo and Web Video, What Is Prime Time?" was the latest of many about the changing landscape of broadcast network TV. An underlying question that receives a lot of attention, yet little in the way of clear-cut conclusions: Does broadband video help or hurt broadcast TV networks?
Will Richmond
Will Richmond   3/25/2008   4 comments
Recent developments in the broadband video marketplace are pointing to an emerging and significant trend: the early formation of what I would term the "syndicated video economy." In other words, I'm seeing more and more industry participants' strategies -- in both media and technology -- start from the proposition that the broadband video industry will only succeed if video assets are widely dispersed and revenue creatively apportioned.
Will Richmond
Will Richmond   2/29/2008   8 comments
This week, I ignored the well worn admonition that "there are two things you don't want to see made -- sausage and legislation." I attended the Federal Communications Commission (FCC) 's open meeting on broadband network management at Harvard Law School’s lecture hall.  The hearing's purpose was to collect more information regarding "Net neutrality" to help the FCC develop policy and recommendations on the subject. I want to offer some quick observations about the FCC's meeting and how the fight over Net neutrality is likely to play out. 
Will Richmond
Will Richmond   2/1/2008   1 comment
After observing business activities at the Consumer Electronics Show (CES) last month, it became clear to me that both content and consumer electronics firms have come to the same conclusion: Their success is inextricably tied to each other. Each industry recognizes that the business dynamics of the future require a new way of differentiating their products than they are accustomed.
5
of
Second Shooter
Seeking the Truth Online

12|8|11   |   2:10   |   11 comments


The quest for Webpage clicks and ad impressions is creating a market for sensational truths and lies in equal measure. How are we going to get to the bottom of any real issue online – like what's really going on with Carrier IQ, for example – if we can't separate hype from reality?
Second Shooter
Three Lessons From Netflix

11|24|10   |   2:08   |   7 comments


The Netflix streaming service may show us whether consumers value TV over movies, ad-sponsored over paid content, and whether they value good Internet video enough to encourage operators to offer premium services, as Google and Verizon propose.
Second Shooter
Graphing Facebook Graph Search's Success

1|25|13   |   2:13   |   10 comments


Facebook's Graph Search may face some profound challenges and risks, first, because Facebook users haven't been thinking of their posts as product reviews; and second, because Facebook will now have to contend with the social-network equivalent of SEO "gaming" of results.
Second Shooter
Apple TV: It's the Business Model

12|18|12   |   2:16   |   4 comments


Apple may want to do a TV offering, but to meet its goal it would have to address three specific issues that have been exposed by earlier attempts to make Internet TV work.
Second Shooter
UltraViolet Could Bring DRM Harmony

11|30|12   |   2:26   |   No comments


The new UltraViolet online DRM model has people upset, but the question we should ask ourselves is whether we want a flexible model to harmonize content owner and content consumer rights, or a one-takes-all model that probably results in less online content.
Tony Kontzer
What the Apple-Samsung Verdict Means to IT

8|30|12   |   2:13   |   14 comments


The decision could discourage innovators looking to the past, and require companies to build from the ground up, leading to a new generation of stagnation in the IT world.
Second Shooter
Netflix Learns a Lesson

7|27|12   |   2:08   |   7 comments


Netflix seemed to be a threat to all of TV, but with the current quarterly earnings report, it sure doesn't look as if that's true now. Netflix really proves that even Internet viewing of video isn't immune to profit and other business issues. This is a lesson we need to learn if we want a viable online video model.
Reiter's Block
The Internet Defense League: Foiling Villains

6|1|12   |   2:58   |   2 comments


When villains threaten the Internet with evil legislation, the Internet Defense League wants to sound an alarm.
Kim Davis
Brute Force Reputation Management

3|29|12   |   03:24   |   10 comments


Want to learn how to be a cult leader on the Web? Take a cue from Mark Hamilton, who overwhelms Google Search with his legion of domain names.
Second Shooter
Measuring Online Violence vs. Real Risk

3|23|12   |   3:13   |   8 comments


Some say that exposure to violence in gaming, online video, etc., is creating a violent culture. Tom says it's not that straightforward. Rather than regulate violence, we should understand it better.
IETV: the thinkerNet on film
5
of
Paul J. Fleuranges
Digital Signage Keeps NYC Subway Straphangers on Track

5|6|13   |   3:51   |   No comments


New York's Metropolitan Transit Authority is conducting a pilot test of digital kiosks to guide subway users to where they want to go more efficiently and at lower cost.
Kim Davis
Fast Forward to the Future

4|23|13   |   2:29   |   20 comments


A look back at tech writing in the 90s makes us wonder where enterprise IT will be 20 years from now.
Mitch Wagner
Google Launches Its Most Depressing Service Yet

4|15|13   |   2:59   |   10 comments


Google's new Inactive Account Manager lets you control how Google disposes of your accounts when you die.
Second Shooter
Argument Over Top-Level Domains Is 'Stupid'

4|11|13   |   2:07   |   3 comments


The whole Amazon.reader debate is a double-stupid. It's stupid to think that there's any e-book buyer who doesn't know Amazon's URL, and it was stupider to let ICANN launch the whole free-form TLD initiative to start with.
Kim Davis
Ladies, Your Tablet Awaits

3|21|13   |   2:22   |   37 comments


ePad Femme is the world’s first tablet “made exclusively for women.”
Wisdom of the Big Chair
NFC Moves Into the Mainstream

3|20|13   |   2:16   |   No comments


While NFC's original goal was to enhance mobile commerce applications, it is finding its way into a number of other uses, which is creating both opportunity as well as challenges for IT departments.
Wisdom of the Big Chair
Integrating Security Into Your Cloud Contract

3|19|13   |   3:35   |   No comments


Enterprises would like to move to cloud computing but are hesitant because they are concerned about providers’ ability to secure company data. Here are some tips that help to ensure that if breaches occur, the business is not left holding the bag.
Brian Baron
How Edmunds.com Collects Customer Information

3|18|13   |   1:15   |   No comments


Edmunds separates customers into segments based on the info it collects on its site and from partners, and uses that to push out custom content, said Brian Baron, director of business analytics for Edmunds.com, at Predictive Analytics Innovation Summit.
Brian Baron
How Edmunds.com Uses Analytics to Customize Site

3|14|13   |   0:47   |   No comments


The automotive website uses propensity modeling to target ads and customer registration forms, said Brian Baron, director of business analytics for Edmunds.com, at Predictive Analytics Innovation Summit.
Second Shooter
Locked Handsets Aren't the Problem – Subsidies Are the Problem

3|13|13   |   2:09   |   10 comments


Subsidized handsets, rather than locked handsets, should be the focus of regulators. We're not getting good deals, not fostering innovation, and weakening our power as buyers.
an IBM information resource
sponsored content
big blue blog
Todd Watson
Todd Watson   5/17/2013   1 comment
It's been 17 years since I've visited the city of Dublin, but I still have some very distinct impressions from my one and only visit.
an IBM information resource
sponsored content
Expert Integrated Systems: Changing the Experience & Economics of IT
In this e-book, we take an in-depth look at these expert integrated systems -- what they are, how they work, and how they have the potential to help CIOs achieve dramatic savings while restoring IT's role as business innovator.

READ THIS eBOOK
your weekly update of news, analysis, and
opinion from Internet Evolution - FREE!

REGISTER HERE
Wanted! Site Moderators
Internet Evolution is looking for a handful of readers to help moderate the message boards on our site – as well as engaging in high-IQ conversation with the industry mavens on our thinkerNet blogosphere. The job comes with various perks, bags of kudos, and GIANT bragging rights. Interested?

Please email: moderators@internetevolution.com
Internet Evolution – not for thickies
Keep Critical Data With a Knowledge Management System
Taimoor Zubair
Fortune 500 companies lose at least
$31.5 billion a year by failing to share knowledge. A Knowledge Management System (KMS) can help companies significantly reduce these costs.

CLICK FOR MORE
IT Suffers From Obama Admin's Jekyll & Hyde Approach to Privacy Rights
Ron Miller
Recently, the Obama administration has been of two minds where privacy rights are concerned. On one hand, you have an administration that vowed to
veto CISPA and mandated open data for government websites. On the other hand, you have an increasingly out-of-control Department of Justice on a fishing expedition at AP and demanding legislation to let the FBI wiretap private, encrypted communications and levy fines if a company fails to comply.

CLICK FOR MORE
IT Suffers From Obama Admin's Jekyll & Hyde Approach to Privacy Rights
Ron Miller
Recently, the Obama administration has been of two minds where privacy rights are concerned. On one hand, you have an administration that vowed to
veto CISPA and mandated open data for government websites. On the other hand, you have an increasingly out-of-control Department of Justice on a fishing expedition at AP and demanding legislation to let the FBI wiretap private, encrypted communications and levy fines if a company fails to comply.

CLICK FOR MORE
IT Suffers From Obama Admin's Jekyll & Hyde Approach to Privacy Rights
Ron Miller
Recently, the Obama administration has been of two minds where privacy rights are concerned. On one hand, you have an administration that vowed to
veto CISPA and mandated open data for government websites. On the other hand, you have an increasingly out-of-control Department of Justice on a fishing expedition at AP and demanding legislation to let the FBI wiretap private, encrypted communications and levy fines if a company fails to comply.

CLICK FOR MORE
Websites Should Consider Tougher ID Verification Policies
Alan Reiter
The apartment and house sharing service,
Airbnb, now requires members to verify their identities by demonstrating a presence on the web, and by either scanning a government ID or entering detailed personal details. Other enterprises should take a close look at Airbnb's verification policies.

CLICK FOR MORE