Friday, April 24, 2009

Coexist (due 4/28)

Unlike Napster, most files uploaded on YouTube are added some creativities, and considering great usefulness of YouTube, it is not realistic to drive YouTube out of business. On the other side, old media and TV network companies have made and provided great creations, most of which are the underlying works of the second market, such as Google. Decline of old media companies would mean decline of the second market too. Therefore, Google and Viacom, and also Congress should find a way to coexist. The main issue would be money due mainly to copyright infringement.

Although Google and Google-like companies can ban users to upload copyright infringing files, since it is almost impossible to find out and eliminate files that infringe copyright of old media companies, it would be much more constructive way to pay flat fees in order for doing them business. This approach might be achieved by agreement of the parties, but it is not sure whether consensus is obtained, or whether it is one-sided agreement due to a bargaining power. The Congress, therefore, should encourage and promote this approach, for example stipulating to pay fees to media companies for doing Google-like businesses in proportion to their size. (199 words)

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