News & Information for Technology Purchasers NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
This ad will display for the next 20 seconds. Click for more information, or
Home Enterprise I.T. Cloud Computing Applications Hardware More Topics...
World Wide Web
Gartner's #1 for endpoint backup
Average Rating:
Rate this article:  
Google, Viacom Settle Billion Dollar YouTube Battle

Google, Viacom Settle Billion Dollar YouTube Battle
By Jennifer LeClaire

Share
Share on Facebook Share on Twitter Share on Linkedin Share on Google Plus

The decision by Viacom and Google to end their prolonged battle over YouTube's alleged copyright litigation is an example of "if you can't beat 'em, join 'em." Viacom's copyright case was looking increasingly like a loser after several interim defeats and Google probably gave the company some perks and advantages, said analyst Greg Sterling.
 



After seven long years, Google and Viacom are burying the digital hatchet. The companies on Tuesday jointly announced a resolution of the Viacom vs. YouTube copyright litigation. And, it appears that no money is changing hands.

Financial terms of the landmark copyright suit were not disclosed, however CNN cited “a person with direct knowledge of the terms” as saying neither company would pay any money to the other. Oral arguments on the long-drawn-out case were set for Monday.

Viacom filed a $1 billion lawsuit against YouTube and some other digital properties in 2007. Specifically, the media giant charged the video-sharing service with illegally broadcasting 79,000 copyrighted videos on its viral platform between 2005 and 2008. Some of the clips came from The Daily Show with Jon Stewart as well as South Park.

“Google and Viacom today jointly announced the resolution of the Viacom vs. YouTube copyright litigation,” the companies said in a statement. “This settlement reflects the growing collaborative dialogue between our two companies on important opportunities, and we look forward to working more closely together.”

If You Can’t Beat ‘Em

We caught up with Greg Sterling, principal analyst at Sterling Market Intelligence, to get his take on the settlement. Sterling, who used to practice law, told us it’s an example of "if you can't beat 'em, join 'em."

“Viacom's copyright case was looking increasingly like a loser after several interim defeats. Beyond this, it makes much more sense for Viacom to leverage YouTube to expose its programming and films,” Sterling said. "While the settlement terms weren't released I would imagine that Google gave the company some perks and advantages -- read: visibility -- that we'll see in the coming months.”

Legal Perspectives

The case was a significant test for the Digital Millennium Copyright Act and specifically the “safe harbor” provision. The safe harbor provision protects companies like YouTube from liability if they take down infringing content when the owners ask.

That was Google’s defense and it worked well but until now Viacom continued its appeals. In April 2013, Second Circuit Judge Louis Stanton rejected Viacom’s argument, deciding: “There is no evidence that YouTube induced its users to submit infringing videos, provided users with detailed instructions about what content to upload or edited their content, prescreened submissions for quality, steered users to infringing videos, or otherwise interacted with infringing users to a point where it might be said to participated in their infringing activity.”

Eric Goldman, a professor of Law at Santa Clara University School of Law, has been blogging about the case for years. After Viacom’s court defeat in April 2013 before Judge Stanton, he came to the conclusion that many legal analysts are likely to draw this week:

“Although we could point fingers at the judges (especially the Second Circuit for its stupid willful blindness digression), the real blame goes to Congress for making its safe harbor requirements too detailed and giving judges too much room to color between the lines,” he wrote. “Judge Stanton’s ruling isn’t a model of judicial reasoning, but it’s pretty good in light of how the courts have scrambled the safe harbors due to Congress’ defective drafting.”
 

Tell Us What You Think
Comment:

Name:



Get Powerful App Acceleration with Cisco. In a world where time is money, you need to accelerate the speed at which data moves through your data center. Cisco UCS Invicta delivers powerful, easy-to-manage application acceleration for data-intensive workloads. So you can make decisions faster and outpace the competition. Learn More.


 World Wide Web
1.   Twitter May Remove Pics of Deceased
2.   Google IPO Began Decade of Big Bets
3.   Assange Talks of Leaving Embassy
4.   Russian Hacker To Be Held Until Trial
5.   Online Sites vs. Retailing in India


advertisement
OkCupid Experiments with Daters
Unethical without user consent?
Average Rating:
Twitter May Remove Pics of Deceased
Balancing privacy and public interest.
Average Rating:
Online Retailers Ponder Actual Stores
'Click-and-mortar' shops popping up.
Average Rating:
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
Researchers Find Malicious Android Apps Can Hack Gmail
A new study shows that a weakness in the Android mobile operating system can be used to steal sensitive, personal info from unwitting users. Gmail proved to be the easiest app to attack; Amazon, the hardest.
 
UPS Stores in 24 States Hit by Data Breach
Big Brown has been breached. UPS said that about 105,000 customer transactions at 51 of its UPS Store locations in 24 states could have been compromised between January and August.
 
Cost of Target Data Breach: $148 Million Plus Loss of Trust
The now infamous Target data breach is still costing the company -- and its shareholders -- plenty. In fact, the retailing giant forecast the December 2013 incident cost shareholders $148 million.
 

Enterprise Hardware Spotlight
Acer's New Desktop Box Rides the Chrome OS Wave
Filling out its Chrome OS line, Acer is following the introduction of a larger Chromebook line earlier this month with a new tiny $180 desktop Chromebox and also a smaller Chromebook.
 
Feds OK $2.3 Billion IBM-Lenovo x86 Server Deal
IBM and Lenovo are celebrating U.S. approval of their x86-based server deal, having cleared some major security hurdles. The deal makes Lenovo a major player for enterprise data centers.
 
Three New Lenovo PCs Aimed at Business Users
With businesses wanting computing solutions that do more for less money, Lenovo has unveiled three new desktop PCs that it says offer solid computing at a budget-minded price.
 

Mobile Technology Spotlight
Screen Shortage Briefly Puts Brakes on iPhone 6
RAM? Check. Antenna switch? Check. Screen? Oops. Parts suppliers for Apple have found themselves facing a shortage of screens for the new iPhone 6 as next month's release date for the new smartphone looms.
 
Bounty Offered to Coders for Oculus Rift Bugs
Coders who find bugs in software for the Oculus Rift VR immersive headset could receive a reward of at least $500 under Facebook's White Hat bounty program. Facebook acquired Oculus in March.
 
Google Glass Adds Voice Access to Phone Contacts
The latest update to Google Glass will let users access their top 20 phone contacts with voice commands alone. A user can then choose a phone call, Google hangouts, e-mail or text messaging.
 

Navigation
NewsFactor Network
Home/Top News | Enterprise I.T. | Cloud Computing | Applications | Hardware | Mobile Tech | Big Data | Communications
World Wide Web | Network Security | Data Storage | CRM Systems | Microsoft/Windows | Apple/Mac | Linux/Open Source | Personal Tech
Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.