Industry Expert Blog: Podcast Reviews

Industry Expert Blog: Podcast Reviews

The first podcast entitled “YouTube, MyTake” is from Intellectual Property Colloquium and is hosted by UCLA School of Law professor, Doug Lichtman. In this podcast, Lichtman discuss the lawsuit of Viacom v. Google. Lichtman is also an advisor for Viacom, which encouraged this podcast after he complied excerpts from both arguments of Viacom and Google.

Viacom’s argument is that Google is liable for copyright infringement due to its’ YouTube site allowing users to post copyrighted works without prior authorization. Viacom point is that Google is liable under both common and statutory law based on the business model they created and gained profits. Viacom sited the case of MGM Studios v. Grokster, in which the Court found Grokster liable of secondary liability doctrine because they provided their users software that contributed to the infringement. Viacom further argues that YouTube failed to use fingerprinting filtering technology and YouTube itself also participated in the unlawful reproduction of works and performances that they distributed to their third party affiliates. Although YouTube did not provide their users software, Viacom holds YouTube responsible because they profited from “Truckloads” of infringing videos.

Google believe they are not liable because they fall under the DMCA’s Safe Harbor provision, which does not hold the web site operator liable for content that is posted by its users, as long as the content is removed once notified by the rights-holder. The DMCA provision also does not require the site owners to monitor content. Therefore, Google does not have to incorporate a filtering technology although they have developed a fingerprinting system to minimize copyrighted material off their site.

I do believe that Google is responsible for their business practices; however I think this lawsuit is slightly frivolous. Some excerpts from this podcast and within this case show that Viacom had authorized clips to be uploaded to Youtube for the purpose of marketing and had also allowed some content that was uploaded illegally by users to remain on the site. Also, Viacom attempted to purchase YouTube, which confirm at one time they thought YouTube was a great investment, despite its reputation for building a business on piracy. With this information, is this lawsuit really due to copyright infringement or a lawsuit of bitterness for not being able to purchase the piracy giant?

The second podcast “Can content survive online?” is also from Intellectual Property Colloquium and ties into this subject. Brad Smith, General Counsel of Microsoft, Scott Martin, Executive VP of Paramount and Dan Cooper, VP of Business and Legal Affairs of MySpace, join Lichtman to discuss the struggling industries of music, motion pictures and publishing and the replacing of old mechanisms for new business models. Cooper discussed user content principles by incorporating filtering and takedown tools for unauthorized content. I like the idea that MySpace has added copyright school for its content users that have been blocked by filters or had their accounts deleted due to infringement.

The third podcast “Intellectual property for professional creators” is hosted by Chris Castle and in this podcast he talks with Songwriters Guild President Rick Carnes about current copyright issues. Carnes speaks on the Combating Online Infringement and Counterfeits Act that will give the Department of Justice tools to take down websites related to piracy. Carnes states this bill is good for consumers because it will free bandwidth is being overloaded by unauthorized content downloading, which is “clogging up the pipes”. I believe just as Carnes that this bill will not stop piracy, however, I do believe that this will slow down the number of websites that allow unauthorized uploads and illegal downloads, allowing artist to make a living doing what we love to do.

Apple iTunes: YouTube, MyTake
http://itunes.apple.com/us/podcast/intellectual-property-colloquium/id294158352

http://www.oyez.org/cases/2000-2009/2004/2004_04_480

http://arstechnica.com/tech-policy/news/2007/05/google-cites-safe-harbor-fair-use-in-viacom-v-youtube-defense.ars

Apple iTunes: Can Content Survive Online
http://itunes.apple.com/us/podcast/can-content-survive-online/id294158352?i=61743588

Apple iTunes: MusicTechPolicy.com Podcast: Intellectual Property for
Professional Creators - Songwriters Guild President Rick Carnes
http://itunes.apple.com/bw/podcast/musictechpolicy-com-podcast/id392020035