It’s heart warming to see that folks actually understand common carrier and legal issues.

It is, however, disheartening to know that you can not sue a manufacturer of a gun, or the gun dealer for a murder. Yet the courts sided with the DvD companies in putting a software company out of business because they had software that defeated “copyright” protection schemes. Even though the PEOPLE have a right to make backup copies of things that they have paid for.

So I don’t hold my breath that Viacom won’t win this case, or get some concession out of Google in the end.

Also it’s not really about the copyrights, it’s about putting a torpedo into the water aimed at Google. This is all about business not legal rights or wrongs.

Wake up and Smell the Coffee

http://www.myhell.org

There is a case where a major Japanese Animation company found that one of their programs had been placed on Youtube. As in the case of many companies like this, the company (who was just about to release the series on DVD in the US) freaked out, worried that the DVD sales would fall through the floor (they were plagued by the fact that they did not have enough budget to promote the product before the launch).

It turns out that the Youtube copies spawned a whole slew of parodies with people dancing to the ending music from across the globe, and ended up give the show *free* pre-sales promotion.

When the DVD actually hit the US market, sales shot through the roof, with over 3 times the number of DVDs sold in Japan (which considering the show popularity in Japan is really saying something).

Now this company works “with” Youtube, allowing for certain clips to be used on the web, as long as they adhere to a number of guidelines.

If more companies learn that working with their customers, instead of against them, will benefit them instead of just a handful of lawyers and power hungry thugs.

It’s very interesting on how many of the entertainment industries are mimicking the methods that the MAFIA used to expand their power- looking to shape the business to their own needs, and when that doesn’t work they send out “someone with ‘the’ as their middle name” to “talk sense into” the business or person- When they should be looking into ways that they could work with the customers.

Just my two cents

Just my two cents

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

… although seeing as how large companies are these days, I guess it’ll start a “lets sue people you upload stuff to youtube” trend

Viacom, Inc.

Revenue ▲$13.423$ Billion USD (2007)[1]
Net income ▲$1.630 Billion USD (2007)

Doesn’t it make you sick!

So how is it that an organization is to police all of it’s millions of members? It can’t, and it shouldn’t. There is a thing called free speech, and reasonable use. I am not sure that Viacom is doing anything other than using the legal system to take a potshot at YouTube’s business.

I think that if this isn’t found in Viacom’s favor (which it shouldn’t be), that Viacom should be fined for trying to use the legal system to do business damage to a competitor.

Funny that they didn’t take the music industries method and just go sue all of the individuals who are the ones who might or might not be infringing on Viacom’s copyrights…. Because that wouldn’t hurt the YouTube/Google business.

Wake up and Smell the Coffee…