Viacom admits it was wrong
p2pnet.net news:- “According to Viacom, an old-media giant, YouTube is not only a phenomenally popular video-sharing website but also a scrounger that has built a lucrative business out of exploiting the devotion of fans to others’ creative works in order to enrich itself and its corporate parent Google.”
So said The Economist in the intro to an article built around the fact Viacom had announced it was suing Google and YouTube for $1 billion for infringing on Viacom’s copyright.
Shortly afterewards, Viacom also took strong exception to Stop the Falsiness, MoveOn.org Civic Action and Brave New Films’ satirical send-up of The Colbert Report. So it ordered Google to order YouTube to take it down.
However, the Electronic Frontier Foundation (EFF) and Stanford Law School’s Fair Use Project (FUP) stepped in.
Says the EFF in Deep Links:
Viacom initially denied sending the Digital Millennium Copyright Act (DMCA) takedown notice that resulted in the removal of the video from YouTube, while saying it had no objection to “Stop the Falsiness.” However, Viacom later conceded it was the source of the demand and admitted error in taking action against the parody.
In the course of discussions with EFF and FUP, Viacom described the steps it endorses for protecting fair use and free expression as it targets copyright infringement on Internet video sites. This includes: manual review of every video that is a potential DMCA takedown target, training reviewers to avoid issuing takedown requests for fair use, and publicly stating that it does not challenge use of Viacom materials that are “creative, newsworthy or transformative” and are “a limited excerpt for non commercial purposes.”
Furthermore, in reaction to the MoveOn/BNF suit, Viacom moved the ball forward for Internet users’ rights. In order to address any similarly erroneous takedown notices in the future, Viacom has agreed to set up a website and email “hotline,” promising a review of any complaint within one business day and a reinstatement if the takedown request was in error.
In light of these disclosures and commitments — designed to protect the fair use and free speech rights of Internet users who rely on video sharing sites like YouTube — MoveOn and BNF have dismissed their claims against Viacom.
“If copyright owners are going to be sending hundreds of thousands of DMCA takedown notices, they also have a responsibility to protect the legitimate free speech rights of the citizen creators who rely on platforms like YouTube,” said EFF Senior Intellectual Property Attorney Fred von Lohmann. “By choosing to respect newsworthy and transformative uses of their materials — and establishing a simple process that lets improperly targeted users get their material back up quickly — Viacom has taken important steps toward meeting that responsibility. We hope other media companies will follow Viacom’s lead.”
“This new endorsement of Internet users’ rights is a victory for the little guy,” said Eli Pariser, Executive Director of MoveOn.org Civic Action. “Online sites like YouTube have revolutionized political expression and can give the little guy an audience of millions for a political point of view. A corporate powerhouse like Viacom must not be allowed to erase political content or muzzle political expression.”
“Following these practices will not curb all DMCA copyright abuse,” said EFF Staff Attorney Corynne McSherry. “But they are several much-needed steps in the right direction. If a major content owner like Viacom can recognize this, other content owners should be able to do the same.”
Also See:
The Economist – Behind Viacom’s decision to sue YouTube and Google, March 14, 2007
strong exception – EFF ‘Colbert Report’ parody case, March 22, 2007
Deep Links – Viacom Admits Error – Takes Steps to Protect Fair Use on YouTube, April 23, 2007
If your Net access is blocked by government restrictions, try Psiphon from the Citizen Lab at thIs the endSurvey: How Did Copyright Infringement Become Equated with Robbery? (of the Net) nigh?zze University of Toronto’s Munk Centre for International Studies. Go here for the official download, here for the p2pnet download, and here for details. And if you’re Chinese and you’re looking for a way to access independent Internet news sources, try Freegate, the DIT program written to help Chinese citizens circumvent web site blocking outside of China. Download it here.
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