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The Viacom – YouTube battle has been in the spotlight for over
a year now, but after Viacom renewed its accusations last Friday, there was one
thing everyone expected to see or hear: Google’s reaction to the $1 billion
lawsuit for copyright infringement. And here it goes: Viacom interferes with
the way people exchange information, news, entertainment, as well as political
and artistic expressions.
In March 2007, Viacom initially filed a lawsuit at the U.S.
District Court for the Southern District of New York against YouTube, and consequently
its owner, Google, for “massive intentional” copyright infringement of Viacom’s
entertainment properties.
Viacom complained that unauthorized copies of its
copyrighted works are posted everyday on YouTube and are viewed tens of
thousands of times, and Google does absolutely nothing to stop the copyright infringement, instead engaging in promoting and inducing the
infringement.
However, Google said Viacom goes against the Digital Millennium
Copyright Act (DMCA), which encourages the development of services such as
YouTube. Furthermore, Google added that the Congress wouldn’t allow them to
function if they faced liability for copyright infringement.
As expected, Google denied all allegations, claiming that
they fully respect and comply with the DMCA, and that it’s not their job to
assist content owners in protecting their works.
However, the truth lies somewhere in the middle, but there
is one thing that we know for sure, even before the matter is settled: as Viacom
is entitled to accuse, and Google is entitled to defend itself, the DMCA is
entitled to a makeover. Such lawsuits will always raise concerns over the
freedom of the Internet.
However, all parts need to work together if they want the
matter to be settled: Viacom needs to better protect its works, YouTube needs to
implement a better video filtering system (it currently relies on reports from
users to remove or block a video) and the DMCA should change too, but without
altering the very essence of websites such as YouTube, which rely on user
generated content.
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