The Google-owned video sharer has requested 32 people to make
a deposition in the trial and apart from the two comedians, the list bears
important names like Philippe Dauman, Viacom chief executive officer and Sumner
Redstone, a popular American icon.
Colbert and Steward became famous due to video-sharing site
YouTube, where were posted parts of their performances broadcasted by Viacom’s
Comedy Central channel. In a phone interview on Tuesday, Mitch Weinstein, an
intellectual-property attorney at Levenfeld Pearlstein in
The lawsuit filed by Viacom in February alleges that YouTube essentially posts video clips without owning their copyright and Viacom, the owner of most of these clips’ copyright, receives none of the profit generated. Viacom is asking $1 billion in damages.
In its complaint Viacom said that almost 160,000
unauthorized clips from its cable networks, which include MTV, Comedy Central,
VH1 and Nickelodeon have been posted illegally on YouTube and that these clips
had been viewed more than 1.5 billion times.
Viacom is especially at risk of losing money from advertisement when its
content is displayed on YouTube, since many of its popular shows, like The
Daily Show with Jon Stewart, The Colbert Report or South Park, are aimed at
younger audiences, which are also heavy Internet users.
On the other hand, YouTube alleges that it cannot be held responsible for copyright infringements as long as it doesn’t encourage it, it warns users of such copyright infringements and deleted the concerning materials. Moreover, Google and YouTube have shown they are eager to set aside copyright issues through agreements with media companies, while simultaneously deploying a content filtering technology which would eventually eliminate or limit copyright infringement.
The popular site justifies its decisions to subpoena Colbert
and Steward to fight against this attempt to “threaten to silence
communications by hundreds of millions of people across the globe who exchange
information, news and entertainment” via its site.
The San Bruno-based YouTube claims that it will present proofs of the plaintiffs themselves posting their works on the site. The “Colbert Report” and The “Daily Show with Jon Stewart” stars were often heard telling their fans to upload the favorite sketches.
Last month there were reports that YouTube is working
"very intensely and cooperating" with major content providers on a
video recognition technology as sophisticated as fingerprint technology the FBI
uses.
The technology, which was developed by Google, YouTube’s owner, was mentioned for the first time in April. Speaking at National Association of Broadcasters conference in Las Vegas, Eric Schmidt, Google CEO said the new technology, which he called "claim your content," any legitimate copyright holder can register videos they made. Then any copies uploaded onto YouTube will be filtered out. But it remains to be seen it will be enough to settle the lawsuit with Viacom.
Since acquiring YouTube for $1.65bn in October 2006, Google
and Eric Schmidt, its CEO, have made important efforts to forge relationships
with traditional media companies.
YouTube has signed several partnership like thos with BBC
and with the National Basketball Association (NBA) and has started an "NBA
Channel" and an “BBC Channel”
In February this year, YouTube has signed a deal with Digital
Music Group Inc. to offer such 1960s
YouTube has also signed deals with music companies including Warner Music Group, Universal Music Group and Sony BMG Music Entertainment that will allow consumers to use some of their music in the creation of videos.