Google Fights Back
Whatever the outcome of the Viacom-Google lawsuit, this is a landmark case and the result will have enormous implications on the future of online media.
Google’s answer to the Viacom complaint filed last night lays the groundwork for a more lenient interpretation of the DMCA and stresses the importance of freedom of information versus the rights of copyright holders.
Google argues that Viacom’s complaint challenges the “careful balance” of the DMCA:
By seeking to make carriers and hosting providers liable for internet communications, Viacom’s complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression.
This trial also has implications beyond the Court’s interpretation of the DMCA. Among the twelve defenses offered by Google is fair use - which allows content creators to use unlicensed copyrighted material in certain situations particularly commentary and parody. If this case goes to trial there will be judgments that change the way our legal system treats media creators, distributors and rights holders.
The video below serves both as an explanation of the lawsuit and an example of how a user can alter content to make it acceptable under fair use:
May 1st, 2007 at 1:51 pm
hisfrigginsterical!!!!! very interested to see where this might lead… implications of all of this are so huge… had lunch with a tv writer yesterday.. the writer’s guild is terrified - the intenet means the end of reruns, thus the end of residuals.. thus the end of a huge bulk of their income!
February 22nd, 2008 at 1:31 pm
[...] for long tail licensing is still developing and the court cases being fought by companies like Google and Veoh will play a major role in shaping it. The entertainment industry meanwhile is spending big [...]
February 22nd, 2008 at 1:36 pm
[...] argument put forth by DivX mirrors that of Google and Veoh: UMG is unfairly targeting DivX. Stage6 is in complete compliance with current laws, and [...]
February 22nd, 2008 at 1:45 pm
[...] pretty weak. There are still major challenges to the recording industry to come in the form of the society has changed argument employed by Google, Veoh and DivX that media is being used in fundamentally different [...]
February 22nd, 2008 at 1:49 pm
[...] is Google, which is big enough that it can stand up to the rights holders and seems set on their new world order argument that people are using media in fundamentally new and different ways, and that they will set the [...]