I’m no IP or libel lawyer, but I play one on my blog.
Greg Sterling has a post that pulls key quotes from a WSJ on the Viacom vs. Google/YouTube lawsuit.
This suit is important to all of us because it cuts to key parts of the DMCA. The DMCA gives us web publishers a good deal of protection related to UGC, especially related to copyright infringement and libel.
If Google loses, we’re all in trouble.
Now, about Viacom being run by idiots …
As I’ve warned before, YouTube can’t hide behind the DMCA because it’s violating the spirit of the DMCA. What YouTube does is abuse of the law. Here’s part of what I wrote in the comments of an entry about this dispute:
“YouTube doesn’t live with its head in the sand. Its executives are well aware that copyrighted material is available on the site, and they’ve done nothing to take it down unless asked to by the real owner. That’s not going to sit well in the eyes of a judge. And there will be a judge one day. YouTube needs to show that its taken all reasonable steps to remove copyrighted material even before being asked to. That might redeem it during the looming court battle.”
And I’ve suggested ways YouTube can demonstrate its acting reasonably and responsibly in response to complaints in my latest post here.