by Mike Masnick
Mon, Jul 14th 2008 6:41am
With all the fuss over a court telling Google it needs to give Viacom its log files, Google and Viacom have been discussing ways to hand over the data and retain anonymity (not an easy task). However, apparently one key point is that Viacom is most interested in finding out what Google employees were uploading and viewing on YouTube. That's an interesting, if sneaky, strategy, as in theory Viacom could use that to try to prove that Google employees "knew" that certain content was infringing, which potentially could remove some DMCA safe harbors. However, that would be a huge stretch in terms of the meaning of the law. If anything, this move shows how much Viacom's case appears to be based on grasping at straws. If the best it can do is try to show that some Google employees viewed or uploaded infringing material, that's a pretty weak case -- rather than focusing on the fundamental issue of how much responsibility Google has over the content users upload.
If you liked this post, you may also be interested in...
- Of All The Ways The DMCA Takedown Process Can Be Responsibly Used, These Are None Of Them
- 4th Amendment Lives: Court Tells US Government Get A Warrant If It Wants Mobile Phone Location Info
- Contrary To What You've Heard, TPP Will Undermine US Law -- Including Supreme Court Decisions
- Google To French Regulators Looking To Expand 'Right To Be Forgotten' Globally: Forget About It
- Study Of Spain's 'Google Tax' On News Shows How Much Damage It Has Done