Saturday, June 26, 2010

Rights Are Wrong in US Courts

The US courts' ruling that YouTube has safe harbour on infringed copyright makes some very dubious assumptions in my view.

First of all is the contention that YouTube is an ISP. YouTube is a broadcaster not an ISP in my view. Otherwise you could argue the same for any provider of on demand video, and as the company launches it's 'lean back' service it is now entering the world of scheduled content. Already it has entered into the world of rights buying with its IPL deal.

Secondly is the fact that YouTube commercialises and makes money from the content, not in providing the service.

Indeed, more an this, YouTube actually interferes with the content and changes it by, for example, adding advertising overlays.

Viacom and the whole industry needs to vigorously appeal this ludicrous decision and bring YouTube into line.

In a world where individuals are hounded and prosecuted for copyright infringements it's just hypocritical to let major corporations do the same with total impunity.