Let’s face it. Google’s acquisition of YouTube meant that any attempt to shut the service down would fail. The best either side can hope for is a fast end to the legal battle and a clearer, more universal method of enforcing the DMCA.
Both sides have money, but Google has the advantage of being the leader in digital space and Viacom knows this. Viacom needs the YouTubes of the world. Democratization of media has happened, and traditional media companies need to follow the music industry in enforcing copyrights while allowing digital content to be distributed where consumers want it.They simply can’t afford to drag this out.
Viacom’s short, rather weak statement today makes it pretty clear that this case will never go to trial. They accept that “the site contained “truckloads” of infringing content” as past tense. All Viacom is after is compensation for past infringement. Maybe they’ll be able to pay their legal fees when all is said and done but after that they’ll go away with their tail between their legs. Whether or not Google settles, YouTube has already won.
Surprised to see this I think you have it backwards. Internet users don’t visit YouTube for the technology, it’s for
the content. Audiences have and do move from sites overtime, look at the growth of Hulu. YouTube needs content and ugc submissions. Imagine if UGC video makers stopped uploading in protest of YouTube profitting on their work. The viewers of the site would leave, quickly.
Viacom is wise to defend and actively go after those that seek to build illegal businesses on their content. Long ago when John Malone built the nations first cable networks, it was also based on piracy (routing over the air signals through cable). The has had and continues to have much contention on issues of content distribution.
I think you’re missing the point. It doesn’t matter how YouTube reached their current success, the point is they’re there now. YouTube is now a major media distribution outlet. Yes they got there in large part thanks to piracy, but they had wiggle room in the law, they were first and now they have the opportunity to shift their strategy now that they are the #3 most visited internet site.
This scale gives them everything every content creator wants. By Viacom’s own language they accept that YouTube is no longer the haven for piracy it was so it becomes a matter of how much money Viacom deserves for any infringement YouTube knowingly allowed. Google has plenty of cash. So at best Viacom will see an eight or nine figure settlement, and that’s still a YouTube win.
I’d assert that you are missing the point. Eyeballs follow content – if content goes elsewhere so will the eyes (HULU).
Anonymous commenter (why smart people hide their identity and opinions on the internet I don’t understand) it may surprise you to know that I agree with you. Eyeballs do follow content, but Google has done a great job of evolving YouTube into a high quality destination for content, they have good relationships with content companies, and don’t underestimate the power of distribution. http://www.onlinevideowatch.com/breaks-richman-on-the-importance-of-distribution/
When Viacom content was removed from YouTube, “despite Viacom’s expectations to the contrary, traffic to Viacom’s own sites did not soar. In other words, despite Viacom’s over-inflated sense of how important Viacom’s videos were to YouTube, the actual evidence suggests that Viacom was very, very wrong.” http://techdirt.com/articles/20100318/1226148617.shtml