Aaron Cohen, Bolt CEO, told me in February that the DMCA puts an “undue burden on copyright holders to enforce their copyrights.”
He also told me that “companies that use safe harbor to host a significant amount of copyright material risk litigation.”
Right, on both counts. (Google accuses Viacom of ‘Unclean Hands’: Demands day in court!)
Google has also been well aware of the legally risky nature of its chosen way of operating, the DMCA way. Just days before Viacom filed its $1 billion copyright infringement lawsuit against Google’s YouTube, I underscored Google itself acknowledging its Google: Copyright infringement lawsuit risks ‘could be substantial’
So, why does Google insist on playing DMCA games? Google’s claim to $150 billion market cap fame is that there is not obvious ceiling to its monetization. Why is Google nevertheless steadfast against respecting other corporations' demand for monetization, from the Googleplex?
Every day, we have to scour the entirety of what is available on YouTube, so we have to look for our stuff, Philippe Dauman, Viacom CEO.
The Google DMCA driven reactive copyright owner scramble is inevitable, given Google’s refusal to proactively prevent unauthorized uploads of others’ content to YouTube.
Google waves the DMCA umbrella as a cost-free one, literally. Google stubbornly operates as if content licensing is a business nuisance, not a business given; Google is in the business cloud, in more ways than one.
Google says Viacom “threatens” the free wheeling Internet by insisting on compensation for use of its video property. It is the Google DMCA model that “threatens” entertainment on the Web though.
How so? It is the Viacoms of the world that pay to produce the entertainment that is in demand, on the Internet or off.
Google lambasts that Viacom seeks to “make carriers and hosting providers liable for Internet communications” and thereby “Viacom's complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment…"
No, Viacom seeks to make an online entertainment destination liable for licensing fees on the entertainment it exploits. Viacom’s complaint, thereby, will support hundreds of people LEGITIMATELY exchanging information, news, entertainment…"
It is in fact the Google DMCA chosen way of NOT doing business that is wreaking havoc on the YouTuber community. If Google would actually DO business and properly license the content that YouTubers want, YouTubers would not be subjected to a multitude of DMCA takedown signs at YouTube in lieu of the entertainment they desire.
All Google has to do is pay Viacom for the use of Viacom videos to ensure the YouTuber “community” has access to the entertainment it wants.
Could that be so hard for Google?
Google opened up its multi-billion dollar wallet to buy DoubleClick. There is no legitimate reason for Google to continue to refuse to share the wealth with copyright owners, a wealth that is dependent upon the exploitation of the property of others.