Entertainment media giant Viacom filed suit against Google and YouTube demanding $1 Billion in damages for copyright infringement by YouTube.
Viacom claims over a hundred thousand of their video clips have been clipped by YouTube and viewed over a billion times, all to YouTube’s benefit and not Viacom’s. Viacom alleges YouTube does nothing to prevent copyright infringement and that it’s all part of their business plan (that may be a bit much). They have asked for an injunction.
Google’s response:
We are confident that YouTube has respected the legal rights of copyright holders and believe the courts will agree. YouTube is great for users and offers real opportunities to rights holders: the opportunity to interact with users; to promote their content to a young and growing audience; and to tap into the online advertising market. We will certainly not let this suit become a distraction to the continuing growth and strong performance of YouTube and its ability to attract more users, more traffic and build a stronger community.
The fight began last fall when Viacom, who owns the rights to MTV, VH-1 and Comedy Central, among other media content, demanded their clips be removed. YouTube complied by removing Comedy Central videos. I guess that was a test to see if the Tubers could be made to blink. YouTube blinked and then sold to Google. The YouTube dudes saw something like this coming. Google did too (see the Perfect 10 case below) but thought it was a bigger opponent who could work out a better future compromise. In fact, YouTube did settle some old legal business before they were bought (using Google’s money).
In my legal opinion, Viacom has a strong case and Google will settle. The agreement is likely to be a royalty-based payment to Viacom. Just like in the music business. There is precedent. Universal Music Group threatened to sue YouTube over music pirating. They settled for a licensing pact. YouTube also cut a partnership deal with Warner Music.
Google is not invincible, nor is it stupid. We posted on their copyright lawsuit setback against Perfect 10, an adult website that sued Google based on Google Images display of their copyrighted models. In that case, still pending, Perfect 10 was granted a temporary injunction and Google was ordered to remove all Perfect 10 images from Google Images. The Court only grants a temporary injunction if there is a “likelihood of success on the merits of the case.” Ouch.
YouTube attracts ad dollars by virtue of having Viacom and other copyrighted content on its site. Viacom is right to be pissed. Can they convince a federal judge that he or she should be pissed too? Having had cases before judges in US District Court in New York (where the case was filed), I can say from first hand experience that they are tough cookies that take no shitake.
The Viacom lawsuit comes on the heals of YouTube’s recent agreement to remove offending videos that got the site banned in Turkey. (the ban was subsequently lifted).
Is YouTube tarnishing Google’s Do No Evil image? Will other media companies see blood and look to enter the legal arena to put a hurtin’ on Goo and turn a friendly legal boxing match into a gang-style stomping?
Sources: AP via New York Sun (article by Seth Sutel); iTwire (Google response); techdirt; The New York Times.
Image: Gentleman John Jackson’s Boxing Academy 1821
Related Post:
Adult Website Scores Perfect 10 Against Google In Copyright Suit.
