The X factor: foreign liability of video sites on the Internet

News:  Google reportedly has been sued in France for copyright infringement of a French documentary allegedly posted without authorization on Google Video.  The complaint seeks $193,000.  (More from LA Times)

Analysis:  This case is small potatoes for Google in terms of the amount of damages sought, but it is potentially a very big worry for all video sharing sites.  This is the “X” factor, something I should have discussed before. 

Basically, each country has its own copyright laws that govern infringement within that country.  Although most countries in the WTO have similar copyright laws in broad outline, the fine details can be different.  The DMCA safe harbor, for example, is a U.S. law for conduct in the U.S.   Thus, while it may provide a safe haven for Google or YouTube and others in the U.S., it would not outside of the U.S.  I’m not sure if (and how many) other countries have adopted a similar safe harbor as the U.S.  Uh-oh

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