p2pnet - rss feed: AA goes after Google, YouTub
p2p news / p2pnet: When you look for Flight Attendant, Upside Down on Google’s video search, you get, "did not return any results".
That’s because it’s part of an American Airlines training video and now AA is pissed with G.
Someone uploaded the flic to YouTube and Google Video and, "The airline subpoenaed those companies on Feb. 21 under the controversial Digital Millennium Copyright Act (DMCA), according to airline spokesman Tim Wagner," says CNET News.
"Under the provisions of the DMCA, companies have the right to request information in the event that their copyright materials are infringed upon.
So will the name of the wicked file sharer be revealed?
"Google does comply with valid legal process, such as search warrants, court orders, or subpoenas seeking personal information," it states in its ‘privacy’ FAQ.
But, "the search engine giant informed American Airlines that it needs time to investigate the matter before giving up the name," says CNET. "Both Google and YouTube have asked American Airlines to file its request in court. Despite the requests, legal experts expect both companies to eventually comply with the subpoenas."
YouTube spokeswoman Julie Supan declined to comment directly on the American Airlines subpoena, but, "She noted that YouTube’s user agreement specifically prohibits posting copyrighted materials by anyone else other than the owner," says the story, adding:
"In our privacy agreement, we say that we’ll cooperate with U.S. state and federal law."
Also See:
CNET News - American Airlines subpoenas Google, YouTube, March 9, 2006
March 12th, 2006 at 4:06 am
Dear Ms. Supan:
One does not ‘cooperate’ with state or federal (or even for that matter, local) laws. One complies with laws. One can cooperate with state or federal law-enforcement officials. Copyright holders angrily waving dubious DMCA subpoenas are not “Law Enforcement Officials” despite all protestations to the contrary. As a civil litigant, they have to follow a defined discovery process if wish to obtain information.
Also, please note that you are not required to comply with state laws for states in which you do not manifest a physical presence.
It is interesting that the copyrighted work in question is industry specific training film, published by a firm in the transportation industry that derives very little, if any, of it’s income from intellectual property.
It would appear that American Airlines is pursuing this matter in an effort to identify errant employees who violated a company rule (likely having nothing to do with copyright) for subsequent disciplinary sanctions. It is highly unlikely that American Airlines suffered (or could provide credible evidence of) any measurable economic damage
If this is the case, this constitutes the inappropriate use of the DCMA’s subpoena power. Abuse of the DCMA’s subpoena power to coerce, threaten, or harass (even third parties) is subject to sanctions.
–TG