In regards to whether or not material should be considered simply re- 
purposed commercial material or videos that fall under the grey-area  
mash-up category, it seems that these videos should simply be flagged  
and a message sent to the creator of the questionable content. The  
user would then have to click on a link and write an appeal as to why  
this is an original work and not simply an extended excerpt of  
commercial media.

Josh


On Apr 8, 2006, at 2:59 PM, Anne Walk wrote:

> for me, that is the diffence between the two cases.
>
> Whether or not YouTube and the like are responsible for the  
> copyright infringement of their users is another matter.
>
> And so is the matter of utilizing popular culture in the making of  
> new work that comments on popular culture (mashups)
>
> All of these things must be looked at as separate copyright issues.
>
> On 4/8/06, Joshua Kinberg <[EMAIL PROTECTED] > wrote:
> So for you its about liability.
>
> YouTube can claim ignorance because the liability rests with the  
> individual users uploading the content that YouTube claims it  
> cannot police.
>
> Whereas Veoh is in control of the spidering process of  
> automatically acquiring content and thus the liability for that  
> content rests with Veoh.
>
> My disagreement however is that I believe that YouTube and others  
> like it should be responsible for the content that is on their  
> network that is obviously infringing. This is something that these  
> companies consciously look the other way on because they know it  
> will negatively impact their service. Unfortunetly, there is much  
> to be gained by hosting popular but infringing content and  
> supporting the minority of users who largely engage in such practice.
>
> -Josh
>
>
> On 4/8/06, Anne Walk < [EMAIL PROTECTED]> wrote:
> to me, Veoh is different from YouTube in this way:
>
> YouTube allows users to upload video. Users upload video that may  
> or may not conform to copyright. YouTube either chooses not to  
> monitor for copyright infringement or cannot do so.
>
> Veoh is the same in this regard. The difference lies in the  
> spidering. As well as a community site where users can upload  
> content, Veoh also spiders other video hosting sites as well as  
> individual vlog sites and inputs their content into their  
> "community". Veoh is directly involved in the copyright  
> infringement. That is the difference and that difference is huge.
>
>
> On 4/8/06, andrew michael baron < [EMAIL PROTECTED]> wrote:  
> Yea, so I was just simply making the point that Veoh just did what
> YouTube did. So what single out Veoh for this reason?
>
> On the other reasons for singeing them out, I know I have asked them
> to remove our feed before but its there again.
>
> So I just asked them to remove all Rocketboom videos, lets see how
> long it takes or if they do.
>
> On Apr 8, 2006, at 5:21 PM, Joshua Kinberg wrote:
>
> >> So how did SNL lose out when Veoh hosted their clips?
> >
> > Because SNL's content is owned by a corporate entity who is in the
> > business of licensing that content to other people in exchange for
> > money. Whenever you see SNL on TV anywhere, you can be sure that
> > someone is getting paid for that broadcast.
> >
> > This would be like CBS recording the broadcast of SNL on NBC one
> > night, and then showing it the next day on a 24 hour loop on  
> their own
> > network and telling NBC they are doing them a favor by bringing more
> > attention to their content -- for free!
> >
> > And to be clear, the SNL example was a reference to YouTube and the
> > major traffic spike they got from the SNL "Lazy Sunday  
> (Chronicles of
> > Narnia)" clip.
> >
> > -Josh
> >
> >
> > On 4/8/06, andrew michael baron <[EMAIL PROTECTED]> wrote:
> >>
> >> On Apr 8, 2006, at 4:56 PM, Joshua Kinberg wrote:
> >>>
> >>>> Otherwise, what's the problem? Is anyone that has been  
> complaining
> >>>> about Veoh (including me once before) lost any money or viewers
> >>>> because of them?
> >>>
> >>> Um, yes, I think that argument can be made, especially for sites
> >>> hosting content that is normally syndicated, such as SNL clips.
> >>>
> >>
> >> So how did SNL lose out when Veoh hosted their clips? Because  
> people
> >> could not get back to the SNL website? Yea, its lame and this is  
> why
> >> Veoh doesn't have a chance in the long run - it ultimately takes
> >> shitty people to make a shitty business. Yet, this supported the  
> fair
> >> use potential and supported change, especially because Veoh was
> >> likely just a drop in the bucket for where people otherwise  
> illegally
> >> got that video.
> >>
> >>
> >>> But furthermore, I think its about a user agreeing to the terms of
> >>> service and opting in to participate. Veoh does not allow you  
> to opt
> >>> in by choice. They take your content to seed their community  
> and in
> >>> fact give you no real recourse to opt out. Any web service or
> >>> community like that should require you first to opt in to be a
> >>> participant. A user should always have the right to not
> >>> participate if
> >>> they do not wish to do so, and Veoh takes that choice away from
> >>> content creators.
> >>>
> >>
> >> Yea, that really is pretty shitty.
> >>
> >>
> >>> -Josh
> >>>
> >>>
> >>>
> >>> On 4/8/06, andrew michael baron < [EMAIL PROTECTED]> wrote:
> >>>> This is a strange argument and my feelings on copyrights are  
> still
> >>>> developing but have changed alot over the last year while  
> watching
> >>>> everything that is going on.
> >>>>
> >>>> Remember when iFilm was the biggest video website on the net? Not
> >>>> only did they hold as much copyrighted material as they could,  
> they
> >>>> were the ones that populated it. iFilm even designed their  
> activity
> >>>> to anticipate content and would create searchable landing  
> pages for
> >>>> the copyrighted material before it was even released.
> >>>>
> >>>> iFilm was bought by MTV last year and to my astonishment, I just
> >>>> found out the other day that iFilm was never once sued. No, they
> >>>> were
> >>>> rewarded for being pirates by stealing and hosting all of the
> >>>> content
> >>>> where they had the most invasive and likely profitable
> >>>> advertisements
> >>>> blasted everywhere on the site, on the way to the videos, in
> >>>> front of
> >>>> the videos, at the end, it was amazing - people would tolerate it
> >>>> because they had no choice.
> >>>>
> >>>> Now look at YouTube. Even if they dont populate the videos
> >>>> themselves, they gladly host them and now that they have
> >>>> disregarded
> >>>> copyright laws, they have been rewarded with an 8 million  
> dollar VC
> >>>> round in anticipation of flipping the company in a sell-out for
> >>>> whats
> >>>> likely worth over 100million.
> >>>>
> >>>> The fury of this thread has to do with smaller sites who perhaps
> >>>> aspire to become the YouTube and iFilm of the net and its not
> >>>> unreasonable to think they would do the same kind of activity.
> >>>> After
> >>>> all, look at the rewards, it seems to be working and it seems  
> to be
> >>>> what people want.
> >>>>
> >>>> Now take Ourmedia, who does not condone copyrighted material  
> on the
> >>>> site. I was just speaking with J.D. the other day about this. The
> >>>> kind of intent and the emphasis on community should be catching
> >>>> more
> >>>> fire in the midst of all these mega-video sites.
> >>>>
> >>>> So, everything I have mentioned so far is standard procedure and
> >>>> normal, and not that unexpected. But what I find really  
> twisted is
> >>>> that a lot of us are calling for a change in copyright law -  
> we are
> >>>> supporting a mash-up culture, we question the need to pay music
> >>>> royalties on coincidental background music, we are inspired by  
> and
> >>>> want to see change in the way content has been so controlled and
> >>>> delivered. So its like everyone is trying to put out the fire
> >>>> that is
> >>>> the spark most likely to bring change.
> >>>>
> >>>> So why all the kicking and screaming? If iFilm has never been  
> sued,
> >>>> YouTube gets millions for hosting any video anyone puts there and
> >>>> even Google allows it and supports it, most of the content  
> creators
> >>>> are looking the other way because its promotion for them and no
> >>>> bandwidth cost, lets take the opportunity perhaps to rejoice  
> and be
> >>>> more free.
> >>>>
> >>>> Before the lobby money rolls into Washington behind the  
> traditional
> >>>> content gatekeepers, it's going to be common law by then. If I  
> ever
> >>>> get stopped for J-walking on 42nd street when there is no
> >>>> traffic, I
> >>>> feel quite sure I can show that I was singled out unfairly.
> >>>>
> >>>> Look at the Beatles for example. They have taken it upon  
> themselves
> >>>> to enforce their own music use. We all know that we can't use
> >>>> Beatles
> >>>> music, they dont want us to, they will definitely find us and  
> come
> >>>> try and get us to stop, they will try to sue us, and its pretty
> >>>> much
> >>>> been working. Its a cultural taboo now to use their music
> >>>> because we
> >>>> all know they don't want us to.
> >>>>
> >>>> Otherwise, what's the problem? Is anyone that has been  
> complaining
> >>>> about Veoh (including me once before) lost any money or viewers
> >>>> because of them?
> >>>>
> >>>>
> >>>>
> >>>> Yahoo! Groups Links
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>
> >>>
> >>>
> >>> Yahoo! Groups Links
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>
> >>
> >>
> >>
> >> Yahoo! Groups Links
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >
> >
> >
> > Yahoo! Groups Links
> >
> >
> >
> >
> >
> >
> >
>
>
>
>
> Yahoo! Groups Links
>
>
>
>
>
>
>
>
>
>
> -- 
> Anne Walk
> http://loadedpun.com
>
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> http://loadedpun.com
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____________________________________________
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"Power to the peaceful!"

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