Tuesday, April 28, 2009

Viacom v. YouTube

Even if my main job relates to Intellectual Property, I don’t have any interest in various activities in cyber space. I have heard about YouTube, inter alia, a big deal that Google Has Acquired YouTube. However, I had not tried to find what YouTube is, what its main business is, and Why Google acquired YouTube, before this class began. However, I was surprised to found YouTube’s business. YouTube alleges that it, as an Internet Service Provider, allows users to share their data, and that such activities should be protected under safe harbor provision of DMCA. If Viacom had thought YouTube’s business meets safe harbor provision or limitation, Viacom could not have brought suit against YouTube. However, according to Viacom’s complaint submitted to the court, YouTube knows wide infringement activities on its site. Even if YouTube may take reasonable measures to prevent them, it is thought to be reluctant to do so. In addition, YouTube seems to use copies, which are uploaded by users on its site, knowing that such uploading is done without the permission of the copyrighted owners. If so, YouTube’s business can not meet safe harbor provision. In my opinion, YouTube’s main business uses the copyrighted works for a free.

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