> Date: Wed, 23 Jun 2010 19:11:34 -0400 > From: Adi Kamdar <[email protected]> > Subject: [FC-discuss] Judge Sides with Google in Viacom Case > > https://www.nytimes.com/2010/06/24/technology/24google.html?hp > > tl;dr: Judge said Google has "safe harbor" protections, so Viacom can't sue > for their stuff being uploaded. Viacom plans on appealing.
I have mixed feelings over this result. I am happy to see a ridiculous claim thrown out but I can't forget the costs that were incurred to maintain that YouTube's "safe harbor" status. A willingness to technically foreclose fair use with content filtering software shielded Google/YouTube from liability -- but it caused widespread confusion and frustration among users. AFAIK, content-filtering software is a crude tool that cannot differentiate remix, criticism, parody, or academic uses from copyright infringement. I deeply appreciate the steps that YouTube has made over the past year to integrate tools that help users resist intimidating cease-and-desist notices (e.g. a Chilling Effects-style DMCA Counter-Notice form) but the present situation still satisfies the interests of a select few "content owners" at the expense of popular participatory culture. Popular culture on the internet absolutely will continue to flourish, startle, and inspire - bad policy can't stop it - but it hurts to see rich potential stymied by FUD ... only to be declared legal years later. Kevin _______________________________________________ Discuss mailing list [email protected] http://freeculture.org/cgi-bin/mailman/listinfo/discuss FAQ: http://wiki.freeculture.org/Fc-discuss
