De-Groksterizing YouTube In Ten Minutes Or Less

Summary:Mostly anonymous intellectual property lawyer Ron from DC has an entertaining and informative clip on YouTube arguing that Tur v. YouTube should have a different outcome than MGM v.

Mostly anonymous intellectual property lawyer Ron from DC has an entertaining and informative clip on YouTube arguing that Tur v. YouTube should have a different outcome than MGM v. Grokster:

From the video:  "I do not believe Mr. Tur will be able to prove that YouTube has made money directly attributable to his video."  As Fred von Lohmann has written, this is a key factor in YouTube's ability to invoke the DMCA's online service provider safe harbor provisions, and as Fred further explains, the problem is "a bit [more] sticky" than lawyer Ron lets  on.  A fascinating upshot of Ron's video is the creation of the "Friend of the Court Video" tag on YouTube:  an opportunity for YouTube users to tag their noninfringing works as such in support of the argument that substantial noninfringing uses preclude YouTube's liability for contributory infringement.

Fred's article concludes:  "YouTube's investors poured another $8 million into the company in April, and you can be sure that money will go toward buying top-drawer copyright advice."  Among the first points YouTube's  team will have to address is whether YouTube may in fact invoke the DMCA as a shield.  Plaintiff Tur's lawyers have indicated they intend to argue otherwise:  "There are service providers — utility companies, so to speak — and there are content providers. And I would be very surprised at how [YouTube] could possibly qualify as an ISP within the meaning of (the act)."

Mack Reed has a related editorial in USC's Online Journalism Review, Publishers vs. YouTube: Does either side win?, where he rightly points out that the more technology normalizes the "unauthorized propagation of information," the more the law is called upon to react and adjust.

Topics: Social Enterprise

About

Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law. For further details please see her professional background and speaking schedule. Denise's career is characterized by her passionate engagement in intell... Full Bio

zdnet_core.socialButton.googleLabel Contact Disclosure

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Related Stories

The best of ZDNet, delivered

You have been successfully signed up. To sign up for more newsletters or to manage your account, visit the Newsletter Subscription Center.
Subscription failed.