Just as a user of YouTube, I hope Google win the lawsuit Viacom v. YouTube. Not only me, but wide range of people, even over 70 years old my grandmother often enjoy the YouTube as a part of entertainment life.
YouTube alleges that Google is liable for direct copyright infringement (public performance, public display, reproduction and distribution) as well as indirect copyright infringement (inducement, contributory and vicarious Liability). However, I think Google will successfully allege DMCA defense. If DMCA defense would not be granted, it would mean ignorance of the Congress’ intention: The policy underlain in DMCA is to immunize ISP from copyright liability. In addition, fair use defense will work for YouTube. Its uses are newsworthy and transformative: Posted works are short, low resolution video clips and then embed those clips into blogs for commentary and criticism.
However, just my expectation though, this case may be settled for some reasons. First, both parties may be willing to settle since issues are so complicated including not only copyright infringement but privacy. Second, like Google book case, Google may be in favor of settlement as a part of business strategy. Anyway, I hope we can continue to use YouTube.
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