 |
|
|
|||
 |
|||
|
|
|||
|
|
|||
|
|
|
||
|
|
|||
|
|
|
||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
 |
|||
|
|
|||
|
|||
|
|
|||
|
|||
|
|
|||
|
Judge tells YouTube to turn over viewing logs to Viacom
- Text size
A US District Court Judge Louis L. Stanton has ruled that Google must turn over to Viacom logs showing what videos have been watched on YouTube and when. The information will include login names and IP addresses for the viewers.
Viacom is suing the search giant for YouTube’s alleged failure to live up to their legal responsibility for actively combating piracy on the service. Google has owned YouTube in 2006.
According to the ruling, “A markedly higher proportion of infringing-video watching may bear on plaintiffs’ vicarious liability claim, and defendants’ substantial non-infringing use defense.”
 |
|
|
|
|
Viacom lawyers are claiming that YouTube intentionally turned a blind eye to copyright infringement because of the traffic it generated, and they’re hoping to show that YouTube officials knew, or should have known, the correllation between popularity and piracy.
This is essentially an end-run around Google’s claim that they’ve done everything required by law by responding to DMCA takedown notices in a timely manner.
Viacom hopes to take advantage of the standard established in MGM v. Grokster that a business which is built primarily on piracy isn’t eligible to claim a defense of ’substantial non-infringing use.’ That would mean the DMCA defense doesn’t apply.
Substantial non-infringing use was established as a defense for providing technology which can be used for copyright infringement in the famous Sony Corp. of America v. Universal Studios, Inc. case, also known as the Betamax case.
Google argued that providing usernames and IP addresses to Viacom raises potential privacy issues, but ironically the judge used a statement previously published by a Google software engineer against them.
In February of this year Google’s Alma Whitten wrote on the company’s Public Policy Blog “data protection laws should apply to any data that could identify you. The reality is though that in most cases, an IP address without additional information cannot.”
Google will also be required to turn over copies of all the video that’s been removed by YouTube for infringement. Google had requested that Viacom be required to request the specific videos relevant to their discovery. The judge decided this would be prohibitively difficult for the plaintiffs, and saw no harm in simply giving them access to all of it as long as they provide the required hard drives to store it on.
He did turn down a number of other requests that would have given Viacom access to a large amount of proprietary Google code. Judge Stanton felt that the value to Viacom’s case would be minimal, while the potential harm to Google from disclosing how things like their highly profitable ad business work under the hood would be significant.
| WATCH ALEX JONES’ ENDGAME ONLINE NOW in its entirety. View more High quality trailers at www.endgamethemovie.com |
-
- Social bookmarks
- Email this article
-
- Print this page
- Share on Twitter
July 3rd, 2008 at 2:53 pm
So I guess now even viewing copyrighted content without permission is now a federal copyright crime. If your name’s on the Viacom/YouTube s--- list, you better get a good lawyer or expatriate yourself.
July 3rd, 2008 at 6:37 pm
It seems the judge is doing most of the work for Viacom, “the judge used a statement previously published by a Google software engineer against them.”. Why in hell would the judge use a software engineer statement on a company blog for one as the gospel and two why is it that the judge not Viacom was the one to DIG for this information. It looks like the judge was trying to find any reason to make a case for Viacom. And for the author to say that the judge did go against some of what Viacom wanted doesn’t mean much, because he said yea to the important things and nay to the stuff that he couldn’t defend. Also the judge said it would be difficult for the Plaintiffs (Viacom) to give specific videos they are looking for but no problem at all for Google to give up all of their infringement videos.
I believe this will be won by google in appeal. First of all the premise they are saying that Youtube business model is designed for piracy is like saying the car is designed for drunk driving etc. etc.. It’s absurd and having a friendly judge helps alot. The second and most crucial is that they are trying to do the same thing that the NRAA did when trying to get information from servers the IP addresses of people that may be using P2P. They are fishing and don’t care about the video as much as they care about the people’s IP that where connected to the posting and watching of the video. This way they could later go after the people and say, hey we know you watched such and such and we have your IP to prove it, so instead of a court case we can settle everything for 1500 dollars and be done with it.
July 3rd, 2008 at 7:11 pm
Activist JUDGE…this is a prime example people!!!
July 3rd, 2008 at 8:13 pm
“They” are already watching and listening, “they” just want to make it legal. Where are our congress people? Where are the grown-ups in our country? What in the hell is going on when there is not even a local group to “join” to combat these outrageous abuses of our freedoms? Please, somebody answer me, because I just don’t get it.
July 3rd, 2008 at 8:31 pm
Yea, I pick my nose whenever I come up to a closed circuit camera on the streets.
July 3rd, 2008 at 8:36 pm
Abby: Reverse psyops…that’s gooooood…damn gooooood!!!!!!
July 4th, 2008 at 3:43 am
Good luck going through all 12 TB of text.
July 4th, 2008 at 4:09 am
In short here’s another name to BOYCOTT…,just like AT&T,AOL and the rest…..
July 4th, 2008 at 5:19 am
Thats really messed up… they can easily identify the peoples location as long as they have some software, which even i have and and internet connection…they can do so much… and if google doesn’t win, that can cause major problems… youtube, myspace, and other websites use google…
This could result in the shut down or take over of many large websites… there are so many problems with this, and the judge is definately either partial or paid off by Viacom…It won’t be long and this will be worse… Hopefully Google spends a few hunudred mil. and wins…
July 4th, 2008 at 8:48 am
BWAH-HAHAHAH! I CAN’T STOP LAUGHING!!! THIS WILL LEAVE A SMILE ON MY FACE FOR MY ENTIRE FOURTH OF JULY!!!!
I bet they start a new company with the sponsorship of the DHS, the “Viacom Watchdog Agency.” You could be put on the “2girls 1cup” Watchlist. Or maybe they will discover that OGH (Old Granny Hardcore) could kick their butts at some Halo. It would be funny if it was discovered that one of the board members 12 year-old daughter had a huge collection of girl fight videos.
Did you know that you can copyright your own media, simply by saying so? So, as of now, all of my drag racing videos are now copyrighted. And now, I am going to counter-sue them for advertising next to my video without permission.
Have you ever heard of “Creative Commons?” Google it. HA! I will sue you, but still use your excellent search engine. And continue to watch YouTube while despising it all the time.
July 4th, 2008 at 9:38 am
Apparently it was suggested that Google give the 12 terabytes of logs to Viacom printed out on paper as there is no legal specification concerning the support of the data to be handed out.
Good luck with the reading Viacom. LOLOLOLOL
July 4th, 2008 at 2:00 pm
heres something good to watch i just found
http://www.youtube.com/watch?v=joZIsWf9b7g
July 4th, 2008 at 2:45 pm
That ougta keep Viacom busy…… Dummies
July 4th, 2008 at 6:35 pm
Google refused to post my weekly TV show today. Now I know why.
Here’s the uncensored TV show from July 4 2008:
http://www.archive.org/downloa.....ne2008.wmv
July 5th, 2008 at 2:58 am
12 terabytes of hard copy would require a s--- load paper. good bye rain forests.
July 5th, 2008 at 6:53 am
The president of Google attended the recent Bilderberg meeting, along with Oback Barama and Hillary Clinton. Be careful what you belive from these news posts!
July 5th, 2008 at 7:35 am
@ Linda:
You’re absolutely right, this is orchestrated. The proof will be in Google’s lack of will to fight
It’s a precendent setting measure:
“If they can take down Google, they can take down anybody”
And, think of the chilling effect this will have on viewers and posters alike (you’re being watched)
As for the “business built on piracy” argument, a quick look at the mostly-independent videos on YouTube’s main page dispels that fallacious argument.
The judge is overzealous.
Viacom intends to profit from this free data.
Furthermore, Viacom has ZERO right to any video they don’t have a claim on, and the Burden is on them.
To everyone talking about 12 terabytes of printer paper: don’t be ludicrous. It’ll be digital, or not at all. A little indexing, and a pull of the thread, and…
July 5th, 2008 at 2:06 pm
Well did anyone watch George Carlin’s Life is Worth Losing ? Well, if not, he said that nothing will get better because our owners do not want it that way. He said that they are after Social Security and that they would get it all. They will get it all – they will. He went on to say that they don’t care about you – and they don’t. So let them. Let those Viacom lawyers and the judge sift through all of these YouTube videos – let them watch – let them know your name. Maybe that is how they wake up. Maybe when they own it all, kill off the “savages”, have every living thing on lock down, sprayed every poison, made every disease, genetically modify all the food, clone one of everything, make the super human – surpassed only by the super soldier, and ultimatly make the Earth their b*tch maybe then it will be enough. Well then, maybe not. Maybe they will waterboard Jesus and blackmail God with weapons of mass distruction. I AM FREE NOW.
July 5th, 2008 at 10:38 pm
google is evil and should not be trusted they will one day be a part of the global ass f---ing if they are not already
July 5th, 2008 at 11:15 pm
@ *.*:
Google’s founder is a transhumanist and was married on Musha Kay–the Island which David Copperfield purchased, swearing he found the Fountain of Youth there by drawing lines between the Giza Plateau, Mayan Pyramids, Stonehenge, (and one other place?–can’t recall)
He said brown leaves came out green, dead bugs flew away. Hired a team of scientsts to prove it. Swears hes not pulling our legs. David Copperfield fraudlently purchased it from the original owner, who did not want to sell to David. He did so through a front company.
Sergey’s wife founded and runs (with Google+cia money) 23andme.com, a company which will send you a cotton swab and test tube, which you return to them (plus $1000), and will map you into the maternal mitochondrial genome tree–and tell you what genetic predispositions you have.
Btw, nice nick. Peace.
July 6th, 2008 at 7:42 am
Hi everyone. I saw this google/viacom on newsnight, and was shocked. Glad to see, that as soon as i came here, it was everywhere.
I have this to say, about all this Rulers vs. People stuff:
They are into EVERYTHING. They RECORD every piece of information they cam, about you, me and everyone. All this is probably to make it look as though Google isnt voluntarily passing on our details. If (WHEN) our details all get into the hands of criminals, thye will claim it must have been viacom’s fault, and viacom will say it was google.
Either way, the CIA and govts of the western world can ALREADY see anything they want, from google. The only concerning part about viacom, is that, when the information goes missing, and people become victims of its illegal use……… Who will we blame ? is it google ? ois it viacom ?
While we are blaming these 2, the govt will not be brought into it.
Its a bit like the 911 fiasco = “was it saddam, or was it bin laden”? No one said “was it the CIA”. We only worked all that out, after.
ANd the simple fact that the govt refuse to talk, leaves us standing in a field, like sheep, doing what we are told, and having no say in anything.
If you dont believe they wud conspire against us, look at animals !!!! Sheep in fields, cows in fields, goldfish in bowls, and even dogs and cats.
These creatures have absolutely NO idea what is going on in this world. They have no idea where they came from, or who we are, there is no attempt to speak to them, or help them. They are just stupid animals, and whatever picture they have of the world is so minscule, and so false, taht they have absolutely no understanding of the nature of this world, whatsoever.
Now, look at yourself. You live in a box, split into a few smaller boxes. 1 box for mom and dad, 1 box for each of the kids (if they are lucky), and a small patch of grass outside, so you dont forget what the world WAS made of before they concreted over your life.
The need (and therefore the imputus) to leave your house is being reduced eahc year. They will even deliver food for you now, to your door. You are taught that mixing with other people will bring you trouble, and the bars are full of trouble makers, to prove it (many of whom are paid by the state, to beat peopel up in bars – which re-inforces the idea that you were better off staying at home).
In 100 yrs time, or however long it takes, they will have us all convinced that human existence is based on staying in, and only leaving to go to work.
Police and lawyers will roam the streets, and the well off iwl travel the wolrd.
The rest of us will work, in our local areas, to supprt their lifestyles, and keep them supplied with whatever they want, whilst they are in our areas. We will eb kept in such subjugation, and fear, that most will not question. Many peopel will turn to booze or drugs, to take their minds away from the reality which keeps flashing and buzzing at them from inside their minds.
Like horse, tied ot the plough. Like cattle standing in their small fields. Like seep being protected, then fleeced and eaten.
These people steal new born calfs from their weeping parent cows, and immediately force them into small crates (still alive). Then the crates are put on trucks, and shipped hundreds of miles (with the calf still alive, but crammed into the small box). When they are offloaded, the calf is removed fromt he box, it’s muscles too weak for it to stand. Since its muslces have never been used (because it hasnt even had the opportunity to stand up yet), its muscles have grown only slightly, afetr its 1 week long journey. They are weak and soft. They are then taken from the crates, kield and cooked. This whole process is intentional, and produces slightly softer and easier to digest meat. The meat of a baby, kept as innocent an unwise as it was the day it was born (a week ago). This is calle “VEIL”. It is one of the favourite foods of the rich, and the torture it is put through, is what make sit so enjoyable for them to eat.
These people are not like the rest of us. They see a world of misery, as neccessary for them. It gives them pleasure, so it is GOOD. Murder, saves them the effort of trying to befriend other nations. Saves them from the effort of being honest, and working hard for the kind of world which al the gods have promised. So it is worth ti, to them.
ANything which is enjoyable to them, and profits them, and makes them stronger – is GOOD !
Anything which takes away fromt heir power, or does not please them, or make them feel stronger, or honour their existence – is EVIL !
Against this logic, we will NEVER be able to reason.
Their ONLY goal for thousands of yrs, has been total domination of the world. They have NO other goals, and anything else, would feel like a terrible, disastorous failure.
Also, they are TERRIFIED that, if someone else beat them to it…..they may be the ones to suffer !
If they were subjected to the rules, instead of benefiting from them…….. They have lost ! Knowing what they have n store for us, they fear nothing more, than taking our places.
Stuff viacom, stuff google, stuff ANY business large enough to have attracted the attaention of the state – becaus ethey are ALL infiltrated. They only have ot show a badge, and google HAS TO give them any informatin they want, AND HAS TO KEEP IT SECRET.
Otherwise, why dont we hear of google objecting to the way the CIA keep coming in and taking information ??? Its because googel have a chioice – enjoy your kluxurious lives, and do as we say …. or – dissobey us, in any way, and you will be cleaning the streets of rthe rest of your lives ! (Or much, much worse).
July 6th, 2008 at 5:22 pm
Beautifully said mikeybrumbrum!
July 7th, 2008 at 1:36 am
@ mikeybrumbrum:
The day and the hour approach. No mercy and no quarter to they who deserve none. Rights are threats.
July 7th, 2008 at 2:42 am
Here I sit at nearly 4am. This is disgusting that I: a mom, RN, Christian and volunteer and am under constant surveillance for researching weatherwars and chemtrails. We are NOT free by any means in the USA. For non controlled news check out whatdoesitmean.com. Marshal law is forthcoming and it differs not from what happened in Germany years ago. God Bless, Ann
August 1st, 2008 at 9:21 am
There are plenty of EX and PRESENT soldiers, who will help organise a resitance, if the people are attacked. Thats why they MUST have very very good planning, if they are ever to win.
This, i sense, is why they hold off. They can only strike once, and if they lose, they may never get anohter chance.
These people are the PIRATES of the wolrd – LITERALLY. Skull and bones ? Pirates !
Its’ IN OYUR FACE, liek eevrything else they do. They HAVE to make it look like we knew all about it, for the HISTORY BOOKS of the future.
EVERY lie on TV, is future HISTORY.
March 6th, 2009 at 9:19 am
THE HEAT IS ONNN