Google Says Viacom Suit Threatens Internet
May 27, 2008 | by Geoff Duncan
As Viacom's $1 billion copyright infringement suit against Google heats up, Google claims the move threatens the way hundreds of millions legitimately use the Internet.
Remember Viacom's $1 billion copyright infringement suit against Google, claiming video sharing site YouTube consistently enabled users to post unauthorized copies of Viacom content—like clips from South Park and The Daily Show? The case has been pending for over a year, but a new round of filings is ratcheting up the tension between the companies, and may indicate hopes for an amicable settlement are dwindling. In documents filed with the U.S. District Court in Manhattan, Google is asserting that YouTube "goes far beyond its legal obligations" in enabling copyright owners to flag infringing content—and, moreover, that Viacom's action to make hosting services liable for infringing content "threatens the way hundreds of millions of people legitimately exchange information."
Viacom filed a rewritten version of its suit last month, although the core of its complaint remains unaltered. The giant media company alleges YouTube consistently allows unauthorized uploads of Viacom programming and movies to be distributed via the site, which infringes on Viacom's copyright and dilutes the value of the content to Viacom's advertisers and partners. The company says it has identified more than 150,000 unauthorized clips of Viacom content on YouTube. Viacom maintains that Google has done "little or nothing" to cut back on these infringements, and that the availability of infringing material is a "cornerstone" of YouTube's business.
Google, for its part, says that YouTube has complied with the 1998 Digital Millennium Copyright Act, noting that the statute explicitly protects service and hosting providers as long as they remove infringing content in response to copyright owners' claims of infringement. Google also says YouTube practically bends over backwards to help content owners protect their works, offering tools and reporting mechanisms so content owners can quickly flag infringing video and have it removed from the service. Google has also been very clear that it has no intention of paying off Viacom in a settlement agreement, with Google's VP of partnerships David Eun recently saying, "We're going all the way to the Supreme Court."
Post Your Comment...Comments
Pete on May 27th, 2008 at 1:13 PM:
Funny how Viacom and YouTube could not agree on a good partnership, so now Viacom is simply trying to sue them. They look like a child.
Tony Arnold on May 27th, 2008 at 2:03 PM:
I am with Viacom on this, YouTube is posting copyrighted material, they deserve to be sued. Anything can be found on there, there is little moderation.
last resource on May 28th, 2008 at 12:20 PM:
This is beyond copyright. It is of major concern to mainstream media and government, that 'bloopers' are being played and replayed over and over again, for ex. concerning 9/11 news clips during 9/11, Bush's comments on seeing the 1st plane hit when he didn't. (why would he lie?) and massive replays of unscripted 'mishaps' just short of direct proof incriminating so many 'important' individuals. gottal love it.
Karl V on Jun 2nd, 2008 at 2:31 PM:
I really hope that Google can win this case over Viacom or some serious trouble are waiting for allot of sites on the internet. I really dislike the big Media companies like Viacom and the rest.
And Tony Arnold. YouTube isn't posting anything. However. I think that allot of it falls under fair use. Copyright has a too strong grip around us today and these big media companies have the money to lobby. You need money, if you want laws on your side. And friends in Washington.
But I do agree with you that if there are content that's copyrighted. It should be taken down. If the company that holds the copyright files a complaint. And this is already happening.
Viacom is only suing Google because Google got money. And $1 billion dollar? I mean, are they freaking out of their mind? What do they think they are selling? GOLD? God... Give me a break. A few million dollar would have been more appropriate.
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Tom on May 27th, 2008 at 12:37 PM:
Isn't this the same Viacom that was threatening all the Star Trek fan sites in the late 90's? The very people who loved Star trek and helped promote it to the next generation of viewers, thus creating a bigger market for the Corporate entity?
They need to grow up and enter the digital age, finding a way to leverage these new technologies to their advantage. Google should be be awarded costs in this one...
Tom