YouTube Seeks Depositions From Comedians Colbert and Steward
By Max Brenn
15:29, August 15th 2007
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YouTube Seeks Depositions From Comedians Colbert and Steward

The 1 billion dollars lawsuit intended in March by Viacom to YouTube promises funny moments as comedians Stephen Colbert and Jon Stewart are potential witnesses listed by YouTube, a unit of Google.

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 Chicago highlighted: “YouTube is perhaps one of the best marketing conduits for folks like Jon Stewart and Stephen Colbert. These guys are going to stand up there and say YouTube is great. And they're going to say it while they're on the Viacom payroll, and that's what YouTube wants.”

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 U.S. television programs as "I Spy" and "My Favourite Martian."

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.



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