Viacom’s $1 billion suit is a wake-up call for user video sites and a test of the Digital Millennium Copyright Act. The DMCA provides a safe habor against copyright liability if online service providers promptly remove copyrighted material when asked to do so. The key question here is what happens when users continue to upload copyrighted material faster than the site can remove it? As Viacom alleges, this continuous process of takedown orders and removals and resubmissions of content provides a lag time that YouTube is profiting on. Without filtering technology — the critical missing link — Google has a real legal challenge on its hands (although it’s likely that Google would settle before it winds its way through the courts.) What do you think? Post below…
Adds Jason in comments: “As much as I love YouTube and blame content providers for not easily providing video players that can be embedded and shared… I don’t see how they even have a shred of a defense here. YouTube makes tons of money. Largely off of other people’s copyrighted work. It seems like theft to me.”
Adds invitedmedia: “Sorry, but since the court often moves in decades rather than days it will serve YouTube NOT to settle before it winds its way through the courts.”
Adds Charles: “If this helps YouTube to take copyright infrigments/theft more seriously, good for them. I love watching clips uploaded illegaly, but if content providers can legally put them up, I’d be just as happy. On another note… $1 billion? That would hardly dent the Google dynasty, wouldn’t it? Or will Google be the next Microsoft; rich and powerful, but sued on a regular basis?”