Legal Issues

by Mike Masnick

Takedown Notice Process Working For YouTube

from the so-where's-the-issue? dept

For all the talk of how YouTube (or now, Google) would be sued for millions (if not billions) over copyrighted works, it seems that very few people looking at the discussion have looked at the actual law, or the process involved here. Despite the many, many problems of the DMCA, it does protect service providers from being liable for copyright infringement as part of the content that their users post, so long as they follow a notice and takedown process. As the press reported widely last week, YouTube correctly follows this process, so as soon as anyone alerts them to infringing content, they take it down. So, it's hard to see how YouTube/Google is guilty of infringement there. There's also a second issue -- which is that even if the infringing content is there, it should be the liability of those who uploaded it, not YouTube/Google for hosting it. That's why it's actually good (if stupid) to see a British football (soccer) league warn the site that was uploading videos of goals to YouTube rather than just going after YouTube/Google itself. As for why it's stupid, it seems like putting the videos of goals up online on a popular site like YouTube is likely to generate more interest in the sport and the live videos of it, but that's their own business decision to make.

Reader Comments (rss)

(Flattened / Threaded)

  1. identicon
    mousepaw, Oct 23rd, 2006 @ 2:45am


    Aren't all these things covered in the EULA, privacy agreement, terms etc., of most websites?

    reply to this | link to this | view in thread ]

  2. identicon
    Terrific BaBooM, Oct 23rd, 2006 @ 4:33am


    Well, I am either incredibly dumb or a lot smarter than these lawyer types.

    If someone pastes a poster up on my wall, am I at fault for having a wall there, or (just maybe) is the flyposter accountable?

    reply to this | link to this | view in thread ]

  3. identicon
    Mark Desmet, Oct 23rd, 2006 @ 5:37am

    Giving Business Some

    Most important part, " is their decision to make..". Yes, it is, and the sooner businesses that can't see the writing on the wall fail, the better off we are.
    It will then be our duty to make sure the governments (speaking of bad business) don't bail them out, as they have in the past: Cars, Telcos, Steel et cetera..

    reply to this | link to this | view in thread ]

  4. identicon
    Bob, Oct 23rd, 2006 @ 6:04am


    If I understand correctly they're threating to sue over someone posting video of someone making a goal from a camera owned by the poster? What are they copying? real life? Doesn't seem to me copyright applies. Maybe breach of contract when they entered into a contractual agrreement when they bought the ticket, but not copyright infringement.
    Anybody know the law on this?

    reply to this | link to this | view in thread ]

  5. identicon
    Wally, Oct 23rd, 2006 @ 7:35am

    Re: Copyright

    In the situation you describe, copyright does not apply.

    I believe they were copies of goals either available on another site or D/L from TV/Video. Which IS copyright infringement.

    reply to this | link to this | view in thread ]

  6. identicon
    Sam (Liverpool FC Supporter, English Premier FOOTB, Oct 23rd, 2006 @ 7:58am

    Re: Re: Copyright

    How can this not be copyright infringment?
    Where do u think they got the goals from. They are from the TV! Any Premier league footage has to be licenced, because it is owened by the Premier league. You couldn't just take a snippet from a TV program and post it online without permission, because it belongs to someone else.
    I don't even think (don't hold me to this though) that you are allowed to take video recording equipment into the stadiums, just normal camera's.

    Get a grip guys, think things through!

    reply to this | link to this | view in thread ]

  7. identicon
    Anonymous Coward, Oct 23rd, 2006 @ 8:02am

    Re: Copyright

    thats not even what this article is about, folks. he's using that example as the soccer team doing the correct thing. going after the poster, not youtube.

    reply to this | link to this | view in thread ]

  8. identicon
    Anonymous Coward, Oct 23rd, 2006 @ 8:16am

    Ii know most US sports have the "copying or rebroadcasting w/o the specific consent of {broadcasting company} and/or {sport league} is prohibited"

    plus, i'm not sure, but i think distributing movies of the game, as taken by fans, would fall under this category. you pay for the ticket, not the rights to show.

    but in all likelyhood, the situiation is where the usere uploaded a clip ripped from a TV broadcast. that's illegal.

    but it is nice to see a company go after the correct "criminal"

    reply to this | link to this | view in thread ]

  9. identicon
    n00b, Oct 23rd, 2006 @ 8:33am

    YouTube has no liability for hosting illegal content? Dude, what's wrong with you?

    Then again, at least you finally acknowledge that it's the content owner's right to decide what to do with their content, so maybe there's hope for you yet.

    But if you and Mark Desmet think that people will lose interest in Premier League football because they can't watch illegal videos of the goals, that's just dumb.

    reply to this | link to this | view in thread ]

  10. identicon
    Bill Malcolm, Dec 26th, 2006 @ 11:00am

    posting of copyrighted material

    There must harm of lost revenue, such as if
    Chevy used Ford's logo

    other wise it seems to me they are getting great promotion.

    reply to this | link to this | view in thread ]

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