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View Diary: YouTube prevails against entertainment industry copyright suit (44 comments)

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  •  Well, the Plaintiffs' argument was ... (4+ / 0-)
    Recommended by:
    xxdr zombiexx, Lujane, VClib, Nova Land

    ... back when YouTube was trying to get established, it deliberately wasn't so aggressive, as a way of boosting its market share.

    •  i see.. (2+ / 0-)
      Recommended by:
      Lujane, Nova Land
    •  Youtube has always been quick as shit on (5+ / 0-)

      DMCA take-down requests.

      In fact, bogus take-down request, I mean completely baseless, have been used to suppress videos time and again precisely because YouTube has a shit record of investigated the merits of the claims made.

      The only protection is that people who abuse that tactic often over reach far enough to get EFF and the like involved.

      I love you stupid fucking fucks. Now stop poking at the dead cat on the table and get back to the issues.

      by JesseCW on Fri Apr 19, 2013 at 01:13:57 PM PDT

      [ Parent ]

      •  Viacom's best evidence (they thought) (5+ / 0-)
        The plaintiffs begin with evidence that prior to its acquisition [by Google], YouTube reached internal decisions which infringing materials to identify and remove from the site to avoid looking "like a dumping ground for copyrighted stuff and "becoming another big-boys or stupidvideos" (E-mails Jawed Karim, Steve Chen, and Chad Hurley dated Sept. 3, 2005) or "Bittorrent" (E-mail from Chad Hurley to Steve Chen and Karim dated June 26, 2005), without rising drops in "site traffic and virality" (E mails between Jawed Karim, Steve Chen, and Chad Hurley dated Sept. 3, 2005). Thus, YouTube's founders decided to "take down whole movies," "entire TV shows, like an entire family guy episode" (id.), "South Park, and full-length anime episodes," "nudity/porn and any death videos," but to leave up "music videos," "news programs," (E-mail from Brent Hurley to Cuong Do dated Nov. 24, 2005), " sports, commercials" (E-mails between Jawed Steve Chen, and Chad Hurley dated 3, 2005), and "comedy clips (Conan, Leno, etc.)" (Email from Jawed Karim to Steve Chen dated Sept. 1, 2005). YouTube then "disabled communing flagging for infringement" (Viacom Opp. at 41), declined to develop a feature "to send automated email alerts to owners when illegal content was loaded" (Viacom 2010 Br. at 11), and eventually stopped regularly monitoring its site for infringements, deciding instead "to keep substantially all infringing videos on the site as a draw to users, unless and until YouTube received a 'takedown notice' from the actual copyright owner identifying a specific infringing by URL and demanding its removal from the site. (id. at 7).
        •  So the "basis" is that they realized they (0+ / 0-)

          couldn't realistically police the site for copyright infringement, and decided to just do the minimum the law required instead.

          Christ I hope the Supremes toss that specious shit.

          I love you stupid fucking fucks. Now stop poking at the dead cat on the table and get back to the issues.

          by JesseCW on Fri Apr 19, 2013 at 02:38:41 PM PDT

          [ Parent ]

        •  Did Viacom provide YouTube with a copy (0+ / 0-)

          of every single item that might count as copyright infringement? Of course not. YouTube had the duty to take down if given notice. They did that.

          Now we need to change the law to take all copyright away from all corporations. Only people actually engage in the creation of artistic endeavors and copyright needs to be limited to those who actually did the work. I don't know how long copyrights should last (maybe 25 years at most), but there is no reason for them to last longer than the life of the creator(s), nor is there any reason to provide copyright on an item that is no longer being sold.

          Americans can make our country better.

          by freelunch on Mon Apr 22, 2013 at 07:24:42 PM PDT

          [ Parent ]

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