Among The Clips That Viacom Sued Google Over, About 100 Were Uploaded By Viacom Itself

from the sorta-demonstrates-the-problem,-doesn't-it? dept

Copyright maximalists who hate the DMCA's safe harbors often claim that service providers can easily tell what content is infringing and which is not. This is, in fact, a key part of the argument made by Viacom in its lawsuit against Google over YouTube. It claims that YouTube must know that the clips are infringing and should be taken down. There's just one problem: even Viacom doesn't seem to know which clips are infringing and which are not. It turns out that, among the many YouTube clips included in the lawsuit, approximately 100 were uploaded on purpose by Viacom. Yes, you read that right:

Viacom sued Google over clips it claimed were infringing, that Viacom purposely uploaded to YouTube.

That alone should show how ridiculous Viacom's claims are in this lawsuit. There is simply no way for Google to know if clips are uploaded legitimately or not. Oddly, however, the court has now allowed Viacom to withdraw those clips, but lawyers like Eric Goldman are questioning how this isn't a Rule 11 violation for frivolous or improper litigation. But, more importantly, it demonstrates that even Viacom has no idea which clips are infringing and which are authorized. Given that, how can it possibly say that it's reasonable for Google to know?
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Filed Under: authorized, copyright, dmca, videos
Companies: google, viacom, youtube


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  1. identicon
    RD, 30 Dec 2009 @ 9:59am

    Easy

    "But, more importantly, it demonstrates that even Viacom has no idea which clips are infringing and which are authorized. Given that, how can it possibly say that it's reasonable for Google to know?"

    Why, Mike, this is simplicity iteself.

    It's becuase IT'S ON TEH INTERNETS!

    Dont you know? Once something is on the BIG, BAD, IT-MUST-BE-INHERENTLY-EVIL-BECAUSE-ITS-TECHNOLOGY INTERNET, it immediately becomes vilified, branded a "threat" and "must be illegal" and is therefore the fault of whomever is on this evil internet thing.

    Also, Big Media and Corps believe that they are SO righteous, that everyone simply SHOULD KNOW what MIGHT POSSIBLY be infringing. They should also be EXPECTED to DEFEND BM&C rights at THEIR OWN EXPENSE, because, after all, might (rich) makes right.

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