Behind the scenes: Google played hardball in YouTube deal

Summary: Mark Cuban has posted a fascinating (possibly not 100% accurate) glimpse into the behind-the-scenes deal-making between Google and YouTube. It was written by "an experienced veteran in the digital media business" who had at least some second-hand insider knowledge of the deal.

Mark Cuban has posted a fascinating (possibly not 100% accurate) glimpse into the behind-the-scenes deal-making between Google and YouTube. It was written by "an experienced veteran in the digital media business" who had at least some second-hand insider knowledge of the deal. Frankly when I read it reaffirmed just how ruthless business can be. The details are pretty shocking. Essentially it tells how Google ensured it was reasonably protected from impending copyright lawsuits against YouTube, from large media companies. Consider this passage for example:

Google needed a two pronged strategy which you see unfolding now.

The first request was a simple one and that was an agreement to look the other way for the next 6 months or so while copyright infringement continues to flourish. This standstill is cloaked in language about building tools to help manage the content and track royalties, some of which is true but also G knows that every day they can operate in the shadows of copyright law is another day that Youtube can grow. It should be noted that Google video is a capable Youtube competitor with the ONE big difference being a much more sincere effort to not post unauthorized works - and Google fully appreciates what a difference that makes. So you can continue to find movie clips, tv show segments and just about every music video on Youtube today.

The second request was to pile some lawsuits on competitors to slow them down and lock in Youtube's position. As Google looked at it they bought a 6 month exclusive on widespread video copyright infringement. Universal obliged and sued two capable Youtube clones Bolt and Grouper. This has several effects. First, it puts enormous pressure on all the other video sites to clamp down on the laissez-faire content posting that is prevalent. If Google is agreeing to remove unauthorized content they want the rest of the industry doing the same thing. Secondly it shuts off the flow of venture capital investments into video firms. Without capital these firms can't build the data centers and pay for the bandwidth required for these upside down businesses.

This folks is hardball and while I wouldn't label it 'evil' (as in Google's 'do no evil' policy), it certainly is a heavy foot being applied in sensitive places to its competition - Bolt and Grouper are specifically mentioned.

Of course the big media companies are also tainted with a fairly damning brush - as this behind-the-scenes shows that artists will not see a penny of the settlement payouts YouTube will make to the media companies, for using their content. Also as Nick Carr put it, the timing of these deals is in hindsight very suspicious:

"If you remember, a few hours before it was announced, there was a "separate" announcement of deals between YouTube and three of the largest music companies - Universal, Sony BMG, and Warner - in which, reportedly, the media groups took equity stakes in YouTube in exchange for some kind of assurance that they wouldn't sue the company for copyright infringement. The equity stakes turned into a (reportedly) nice pile of cash when, shortly thereafter, Google announced it would buy YouTube."

So this is how the big Internet and media companies do business. It should come as no surprise, but it kind of makes you think again about Google and YouTube...

Topic: Social Enterprise

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

Talkback

17 comments
Log in or register to join the discussion
  • If Not Evil, How About Illegal?

    If these allegations are correct, couldn't this collusion by Google with Universal to sue be a violation of law? Maybe RICO which has been used to pursue anti-competitive activities. But also just plain Sherman act anti-trust... I am not a lawyer, but maybe someone who is can weigh in?
    tshelton66
    • How do you figure that?

      There's nothing illegal about cutting a deal. Tens of thousands of them happen in and out of court every year. There's nothing illegal about urging someone to file suit against a competitor.

      If the competition isn't smart enough to jump in a cut their own deal, they've cut their own throat.
      Dr. John
  • Message has been deleted.

    ahinkle
  • YouTube good, RIAA bad

    YouTube is successful because it's so darned easy to use and you get quick gratification. Making users sign a statement that "all work on this video I own the rights to" should be enough, plus taking down videos when a legit complaint is received by individuals or companies.

    The idiot RIAA and big recording labels are shooting themselves in the foot, again. What the hell is wrong with kids posting music videos? It drives interest and increases sales of CDs, the dimwits!

    What greedy asses, suing YouTube, who is totally innocent. Screw the record labels and TV and Hellywood.
    vaspersthegrate
  • Message has been deleted.

    tp06
    • www.technologypark2006.org

      technologypark2006@yahoo.com
      tp06
  • Google = Monopoly

    In affect what google is doing is using its dominance / monopoly in search etc as it relates to its brand name in order to move the market for video content in a manner that's illegal yet good for itself. Google is in business to make money. There's nothing this company does that really differentiates it from the M$ we all know and love. Google just has a head start than M$ et al in embracing open source in a pseudo pro community manner while giving away the vast majority of the stuff they develop. In the end, they're still every bit as ruthless as M$, IBM, Sony, etc.
    jjworleyeoe
    • Time will tell...

      If Google get a handy dandy dose of anti-trust cases tossed at them. Microsoft is already occupying that space for the moment. Maybe Google will join them, maybe not.
      zkiwi
      • I'm not sure that would happen

        Google can allways claim Yahoo (smaller company) MS (a much larger company), and others as Ask, Lycos, ect as "competition", While MS at the time had no real competitors, except for Apple with their 3% market share.
        John Zern
    • if google is stupid enough to play that game

      they should get the same treatement as MS a severe anti-trust lawsuit in the face that they will rremmember for eternity. period
      Quebec-french
  • Just say NO to Google

    They have gotten as bad, if not worse than MS. As bad as MS was, worse than they are now. Just say no to Google and how about slapping them with a windfall profit tax. Has anyone seen their stock price lately? It's downright ridiculous.
    Oknarf
  • Smells of corrupt insider trading/dealing.

    This ought to be looked into. If true, this is massively fraudulent insider dealing. String 'em up!! This cannot be tolerated.
    techboy_z
  • I guess that "Do no harm" thing isn't a necessity any longer...

    NT
    BitTwiddler
  • Consider the Source

    Cuban is a billionaire who made his money by selling an internet company to Yahoo at the height of the dot.com boom. He continues to invest a lot of money in various internet-based enterprises.

    He loves to see his opinion in the media, and has made a number of very controversial statements regarding various companies. He has been accused several times of making public statements that would help his investments. He has stated that Google was crazy to pay 1.65 Billion for Youtube, , said that anyone who bought Youtube was a moron, and now he continues to cast doubt on this deal.

    You think Cuban is just a good-hearted person, sharing his wisdom, insider information, and insight with the masses? Think again. He probably has some bets placed on the Google purchase of Youtube failing, and is looking to further line his pockets.
    CattleProd
    • Interesting conjecture, Cattleprod...

      No way of knowing if you're right, or not, but it certainly wouldn't be the FIRST time someone in a position like Mark Cuban has done something like that.

      I remember an economics professor back in college many years ago telling how one of the insiders on Wall Street -- just to show how easy it is to influence the market -- once deliberately leaked some minor fake information and almost went to prison for it after it had BIG consequences in the market (I remember almost no details, so don't ask, but this wasn't done for profit, just to prove a point).

      Of course it also COULD be a totally unbiased analysis, but who knows? As others have said, time will tell.
      Jeff Hayes
  • Google wants to be the next Microsoft.

    What better way to become MS than to use the same tatics for the same ends. All we need now is a borgified image of Goog's prez saying:

    [b][i]I am Locutus of Google. Lower your shields and prepare to be assimilated. Resistance is FUTILE![/i][/b]
    Mr. Roboto
  • What's wrong with that?

    I don't see anything wrong with this approach. It is certainly not close to evil. Buisness is business and they were protecting themselves.

    Better to take action than no action. They are leading; Yahoo and Microsoft are reacting.

    Eric
    http://breakoutperformance.blogspot.com
    ejackson_ca