Comments on: Viacom v. YouTube — what the lawsuit is about http://theutubeblog.com/2007/04/19/viacom-v-youtube-what-the-lawsuit-is-about/ an unofficial blog on YouTube + the video file sharing industry Sat, 24 Oct 2009 03:12:13 +0000 http://wordpress.com/ hourly 1 By: Howard http://theutubeblog.com/2007/04/19/viacom-v-youtube-what-the-lawsuit-is-about/#comment-6708 Howard Thu, 19 Apr 2007 22:36:14 +0000 http://theutubeblog.com/2007/04/19/viacom-v-youtube-what-the-lawsuit-is-about/#comment-6708 Hey Thanks for the summary of the legal issues surrounding this lawsuit. A nice, easy-to-follow summary. Personally, I'm not convinced that YouTube can last through this suit. As Shelly Palmer has pointed out -- such as in his article <a href="http://advancedmediacommittee.typepad.com/emmyadvancedmedia/2006/11/youtube_without.html" rel="nofollow">"Where's the Business?</a> -- YouTube's model is based on user-generated piracy. (Not user-generated content.) I don't see how such a service can remain. Howard Hey

Thanks for the summary of the legal issues surrounding this lawsuit. A nice, easy-to-follow summary.

Personally, I’m not convinced that YouTube can last through this suit. As Shelly Palmer has pointed out — such as in his article “Where’s the Business? — YouTube’s model is based on user-generated piracy. (Not user-generated content.)

I don’t see how such a service can remain.

Howard

]]> By: nick http://theutubeblog.com/2007/04/19/viacom-v-youtube-what-the-lawsuit-is-about/#comment-6700 nick Thu, 19 Apr 2007 21:35:06 +0000 http://theutubeblog.com/2007/04/19/viacom-v-youtube-what-the-lawsuit-is-about/#comment-6700 What is the Netcom defense? Does the pre-DMCA jurisprudence on BBS's exist separately from the DMCA safe harbors, or does it merely inform the DMCA analysis? I know that the DMCA doesn't preclude other defenses to infringement, but if I lose DMCA safe harbor status then what in Netcom might save me besides fair use? What is the Netcom defense? Does the pre-DMCA jurisprudence on BBS’s exist separately from the DMCA safe harbors, or does it merely inform the DMCA analysis? I know that the DMCA doesn’t preclude other defenses to infringement, but if I lose DMCA safe harbor status then what in Netcom might save me besides fair use?

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