Wednesday, May 6, 2009

Viacom v. Y-Tube

Law is just law even though it may be not fair. Under the Statute of DMCA safe harbor provision, YouTube is not liable if it takes down the infringing materials immediately after receiving a notice from right owner. Viacom is arguing that YouTube has to have more actions to prevent copyright infringement which are not required by law, maybe required by fairness principle which is not law. Furthermore, there are huge amount of non-infringing uses and possible fair uses in YouTube which will strongly support the public benefit. As we all agree, YouTube has moved the video market forward faster than any other player. Viacom has not made any innovation and just fears loss of control, particularly of the distribution channel, which will just stifle further innovation in the market. However, I am afraid but it seems to me that Google also might have a very strong business incentive to settle this case, like a Google book case.

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