Dale Dietrich
on DaleDietrich.com
Random header image... Refresh for more!

Search Results for "youtube"

Why Google & YouTube are Not Getting Sued Out of the Water

Categories: Big Media v InternetDMCA-like LawsFYIiVOD/iTVNew Business Models

This is a terrific Business 2.0 article (linked inot a CNN Money.com story) identifying why YouTube and Google are not the subject of as many copyright infringement lawsuits as had been predicted. Namely, Big Media is finding that YouTube can be a net postitive to their ratings and bottom lines.

Sources: CNN Money/Business 2.0

Related Posts:

Digg! Digg Del.icio.us 1 Comment 

YouTube Faces Heightened Copyright Scrutiny Since Google Buyout Announcement

Categories: Big Media v InternetBigMedia v NewTechDMCA-like LawsFair Use/DealingiVOD/iTVNew Business Models

As you can see from the "Related Posts" links, below I have blogged about YouTube's copyright liability in the past. It seems like the deep-pockets behind YouTube's new parent, Google, have brought out the copyright infringement vultures, and those that wish to speculate on the future (or demise) of YouTube specifically and copyright infringement on the Internet generally. The stories linked-to below are only a few of the avalanche of stories and blog posts on this topic over the last week.

Faced with an increased level of DMCA take-down notices, YouTube is busily working on taking down 10's of thousands of copyrighted works as requested by media owners. It's a difficult chore. Some 60,000 new videos are posted on YouTube every day. Offending materials are often put back up as soon as they are taken down.

YouTube says it will take a tough action to avoid such problems in the future and has committed to developing and deploying technology that can sniff out copyrighted video clips and bits of music. YouTube will also provide "copyright owners with user identification information" of users that post infringing content – after receiving a valid subpoena (See this CNet article).

While there may be some bumps and no doubt many legal hurdles and lawsuits along the way, if I were a betting man, I'd bet that YouTube will survive all legal challenges in-tact. This is a new and emerging area of the law. The DMCA provides the s. 512(c) safe harbour for this (the take-down scheme). YouTube is complying with its take-down obligations under the DMCA and similar laws around the globe.

More interestingly, YouTube's 10 minute video clip limit can dovetail with the self-interest of Big Media – those most likely to sue, and have the resources need to sue, Google. After initially fighting with YouTube over the posting of this Natalie Portman skit on Saturday Night Live, in the face of a furor from Internet bloggers, NBC backed-off, and allowed the post to remain on YouTube for awhile. NBC discovered that YouTube was a terrific way to promote its show as new and hip to a coveted younger demographic. Ahhhhhhhhh —- self interest (with strong lobbyists) … wins every time!

Sources: New York Times | ABC News | BBC | Forrester | PVRWire | Information Week | Fox News | ars technica | Mark Cuban 1 | Mark Cuban 2 | Mark Cuban 3 | Register | Variety | Forbes (AP) | CNet 1 | CNet 2 | Slate

Cranky Geeks Videocast on Topic (Episode 31) John C. Dvorak, Sebastian Rupley, West Coast Editor, PC Magazine, Matt Mullenweg, Founder, WordPress.org, Gary Messiana, CEO, Netli, Inc.

Related Posts:

Digg! Digg Del.icio.us 1 Comment 

YouTube Sued by L.A. News Services

Categories: Big Media v InternetBigMedia v NewTechCasesDMCA-like Laws

Motion for Summary Adjudication (Nov 2006)

This is amusing. Minutes after posting the Von Lohmann story below about how the DMCA is shielding YouTube from law suits, I come across this new story that YouTube is being sued by an L.A. news service over its users' posting videos containing its copyrighted coverage of the 1992 L.A. riots on the YouTube service.

Sources: Hollywood Reporter Esq | EFF Deep Links | ars technica | Silicon.com | P2PNet | MTV

Other YouTube-Related Posts

Related Posts:



Digg! Digg Del.icio.us Comments Off 

How YouTube Avoids the Internet Copyright Police

Categories: Big Media v InternetBigMedia v NewTechDMCA-like Laws

In this interesting set of articles, the EFF and ars technica explain why YouTube, for now, seems safe from the Internet police in that it takes advantage of the safe-harbour provisions of the much hated, fair-use inhibiting, DMCA.

Sources: EFF's Fred von Lohmann's Article in Hollywood Reporter Esq | EFF Deep Links | ars technica

Other YouTube-Related Posts

Related Posts:


Digg! Digg Del.icio.us Comments Off 

RIAA Sends Cease and Desist Letters to Youtube/Google Video Users

Categories: Big Media v InternetBigMedia v NewTechBigMedia v. P2P UsersCease & DesistiVOD/iTV

Post a few seconds of you or your friends dancing to an RIAA-member song on YouTube or Google Video? Expect a cease and desist letter from the RIAA.

Sources: ars technica | techdirt

Dale's Comment: I wonder how the RIAA is going to justify how a video of my sister contorting to the Chicken Dance is going to hurt their members' bottom lines.

Related Posts:

Digg! Digg Del.icio.us Comments Off 

YouTube’s Looming Fair Use Battle

Categories: Big Media v InternetFair Use/DealingiVOD/iTVNew Business Models

In this interesting Engadget article, YouTube's fair use defenses are discussed in the context of an inevitable big media law suit alleging use of video clips infringes their copyrights. YouTube has been very conscientious about establishing copyright policies and removing infringing videos in their entirety, as required by the DMCA. For example YouTube quickly removed the Natalie Portman SNL video when NBC demanded this. But, the more interesting challenge will be when YouTube asserts that use of short video clips/snippets from big media sourced video (eg: a disputed penalty in a sporting event, the Janet Jackson wardrobe malfunction, a snippet from a David Letterman interview or top 10 list, etc.) is fair use under copyright law for educational, parody, commentary and/or criticism purposes. Assuming YouTube's current million-dollar-a-month burn rate doesn't take them down first, every fiber of my body tells me they are in for a fair use fight with broadcasters, organized sports and/or the MPAA at some point down the line.

Source: Engadget

Related Posts:


Digg! Digg Del.icio.us Comments Off 

The iPhone – Wow!

Categories: New Tech

This YouTube iPhone demo says it all! I want one!

I do have a few criticisms:

  • 8 Gigs is not enough RAM for the music and videos I’d want to carry around. 30 Gigs of storage would be my preferred minimum.
  • Cingular’s U.S. exclusivity.
  • No Canadian or other International carriers announced – though Rogers is a pretty good bet for Canada given its relationship with Yahoo! and nation-wide GSM coverage.
  • Walled-Garden – no third party apps will run on it – no SKYPE.
  • No WiFi VoIP announced.
  • EDGE only – no announced 3G support – though Steve said its planned and rumors are it already exists – until then, non-WiFi web access will be s … l … o …. w.
  • 5 hr battery life for phone or video or Internet seems a bit low for me (the 16 separate hours for audio is fine).

All that said, I still want one! Come on Rogers! Do a deal with Steve!

  • Click here for Wikipedia coverage.
  • Click here to view Jobs’ iPhone Keynote at MacWorld 2007.

Digg! Digg Del.icio.us Comments Off 

Variety: Xbox 360 Video Marketplace Succeeding

Categories: iVOD/iTVNew Business ModelsNew Tech

For  years I have called for video-download services to be provided directly to a TV-connected consumer electronics product such as the Xbox, TiVo or PS3. This Variety article discusses how the Xbox 360's new Internet-based video-on-demand service is having relative success (where others have failed) due to its available HD content and its direct connection to the TV.

The relative success of video downloads on Microsoft's Xbox Live and disappointment of Amazon.com's Unbox point to two factors that differentiate Xbox from Amazon and its many other competitors — consumers who download a movie want a simple way to watch it on their TV, and those with high-def TVs want high-def content.

A primary reason for its success lies also in the fact that DRM is not a relevant consideration for most users when the content is delivered directly to the display unit of choice. iVOD services to PCs have largely failed because most people do not want to watch TV and movies on their computers. And the DRM used by most of those services preclude users from copying the movie onto a DVD for playback where they want to watch them – in the living room. 

FYI: Joystiq has a pretty good preview of the system here including a YouTube demo. Note that the demo was done early-on. As I understand it the slow-downloads and other glitches experienced in the early days have been resolved.

Sources: Variety | Joystiq | XBox 360 Fanboy

Digg! Digg Del.icio.us 7 Comments 

Winners and Losers of 2006

Categories: FYI

P2PNet: Winners and Losers of 2006

This list is culled from this P2PNet article – which I recommend. Links below are to my coverage of some of these winners/losers stories: 


  1. YouTube
  2. Apple
  3. MySpace
  4. BitTorrent and Azureus
  5. Pirate Bay
  6. Brittany Chan
  7. Creative
  8. DJ Danger Mouse
  9. SanDisk
  10. eMusic
  11. TiVo


  1. Streamcast
  2. Echostar Communications
  3. Sharman Networks (Kazaa)
  4. AllofMP3.com
  5. Captain Copyright
  6. OLGA- Online Guitar Tabulature Archive
  7. Blu-Ray and HD-DVD
  8. Amazon Unbox
  9. Sony BMG
  10. DRM – Digital Rights Management

Digg! Digg Del.icio.us Comments Off 

Davis Freeberg Interviews DivX CEO Jordan Greenhall

Categories: BigMedia v P2P ProvidersFYIiVOD/iTVNew Tech

Davis' interview of DivX, Inc.'s CEO Jordan Greenhall is interesting. There isn't much here that is new to me but it is topical given DivX's recent public offering. One bit that was new to me was his explanation of why the inclusion of DivX encoding technology within CE devices like PVRs didn't make much sense until recently. Unlike decoding, encoding media to DivX is computationally intensive. Until a couple months ago DivX encoding chips where far more expensive than the inexpensive larger hard drives needed for use with less efficient codecs. With the emergence of cheap encoding chips it now makes sense for manufacturers to start embedding them within CE devices in conjunction with the DivX codec. 

The interview covers the history of the company, the current status and trends (YouTube, convergence) and where this promising, yet controversial, company and its technology are headed.

Dale's Comment: I had to smile when I read Greenhall's answers. Having lived in Silicon Valley for a few years, and having left it, his "Silicon Valley-speak" reminds me of the good old bubble days.  Take this snipped for example:

So the fact that DivX technology is associated with that path is a really interesting physical manifestation, but the reality of the value proposition is that the market, the community itself is a value proposition, so what you’ll find is, if you map our progress on a go forward basis …

Silicon-valley-speak notwithstanding, its an interesting interview of an interesting man in control of an important technology. Good work Davis!

Sources: Davis Freeberg

Digg! Digg Del.icio.us Comments Off 

Eben Moglen’s Plone Keynote – ‘Software and Community’

Categories: FYIOpen SourcePolicy Analysis

Below is a Youtube video of Eben Moglen's keynote speech at the 2006 Plone conference in Seattle (Oct 25-27).  Professor Mogeln is a professor of law and history of law at Columbia University, serves pro bono as General Counsel for the Free Software Foundation, and is the Chairman of Software Freedom Law Center.

Dale's Comment: Listening to this was my first introduction to Professor Moglen's ideas. I don't exactly know what to make of this speech. With the flair of an elequoent Baptist preacher he advocates on behalf of the free software movement. The speech has many interesting and compelling points.

But, my goodness, this substance of his speech seems to be, Open Source – all good, Closed Source – all bad, all the time. To my mind there is a place for both. Contrary to the underlying sentiment of this talk, I believe capitalism and software-for-profit is critical to global development and advancement. Open Source software is also, obviously, very beneficial to the world. Both have their place and importance.

Perhaps I haven't had enough exposure to Professor Mogeln yet. But while interesting, I found his talk, effectively dissing closed source software and its creators, eerily discomforting.

Digg! Digg Del.icio.us 2 Comments 

Universal Music Group Sues MySpace over Video Transcoding Service

Categories: Big Media v InternetBigMedia v NewTechCasesCopyrightPiracy

Universal Music Group has sued Myspace for providing a transcoding service. Myspace users upload videos to their MySpace account and Myspace transcodes them into formats playable by its users. Alleging that MySpace "encourages, facilitates and participates in the unauthorized reproduction, adaptation, distribution and public performance,", UMG is seeking an injunction and unspecified damages, including up to $150,000 for each unauthorized music video or song posted on the Web site. Until last week the two were in licensing discussions. To paraphrase Clausewitz, lawsuits such as this are just business negotiations by another means.

Dale's Comment: This is an interesting claim. It may very well turn on the facts. As I understand them, MySpace is agnostic as to what the content is. It has taken some steps to limit infringing uploads. In this case its servers accept user video uploads, examine the format, if not a supported format they then transcodes it into a playable format. This seems to be similar to what YouTube and other video hosting sites do. But YouTube signed a licensing agreement with Universal (and others) after being threatened with a lawsuit. If Myspace fights this, it will likely argue that it is an ISP, and all they are providing is a tool that can be used by their users for legitimate or illegitimate purposes. Assuming that MySpace is otherwise responding to Universal's DMCA take-down notices, this transcoding service may very well fall within the DMCA's safe harbour.

Sources: TechCrunch | Reuters | Yahoo! News (AP) | Forbes | *Law.com | VNUNet | MTV | CIO Today | Out-law.com | PCPro | Silicon.com | BBC | CNet | DRM Watch

Digg! Digg Del.icio.us Comments Off 

The Future of Internet Music Videos!

Categories: Humour

I couldn’t resist. These kids are hilarious!

Digg! Digg Del.icio.us Comments Off 

DRM’d Music: Defective by Design

Categories: Copy RestrictionsDRM AnalysisDRM as Market LockDRM Restricting Use

When you buy DRM’d Music, someone else decides what devices you can play it on.

Digg! Digg Del.icio.us Comments Off 

Jack Black’s Anti-Piracy Public Service Announcement

Categories: HumourPiracy

Digg! Digg Del.icio.us Comments Off 

Southpark’s Take on Free Music Downloads

Categories: BigMedia v. P2P UsersHumour

In this Southpark clip, the South Park gang learns an important lesson on how downloading music from the Internet harms recording artists – :)

Digg! Digg Del.icio.us Comments Off 

Jon Stewart Lampoons Sen. Ted Stevens – AGAIN!

Categories: HumourNet Neutrality

In this YouTube clip, Jon Stewart, and John Hodgman, the guy who plays the “PC” in Apple’s recent series of adds, lampoon Senator Steven’s ‘Net Neutrality comments – again!

Related Posts:

Digg! Digg Del.icio.us Comments Off 

Jon Stewart Lampoons Sen. Ted Stevens on Net Neutrality

Categories: HumourNet Neutrality

In this YouTube clip, Jon Stewart lampoon’s Senator Steven’s (R-Alaska) ‘Net Neutrality comments. Stewart goes on to lampoon recent Congressional Internet gambling debates and then humorously links the two.

Note: For a more serious discussion of Senator Steven’s comments (including Sen. Steven’s full commentary), you can listen to the “This Week in Tech” podcast that I linked-to on July 3, 2006.

Digg! Digg Del.icio.us Comments Off 

TWiT.tv Podcast: Sen. Ted Stevens Out of Touch on Net Neutrality

Categories: Legal ReformNet Neutrality

The July 3rd “This Week in Tech” podcast includes (at time index 2:39) a clip of the Senator Ted Stevens, Chairman of the Senate Commerce Committee, explaining his [mis]understanding of the ‘Net Neutrality issue and now the Internet works. Amusingly, he blames commercial video downloading for causing his e-mail to take 5 days for delivery. Leo and his guests have an interesting discussion/debate on “Net Neutrality” for the next 25 minutes or so of the podcast. For a more entertaining, and surprisingly understandable, description of the ‘Net Neutrality issue, see this amusing AskNinja.com skit on Net Neutrality.

Sources: Episode 60 of This Week in Tech (MP3) | Full 10 Minute Sen Stevens “speech” here (Public Knowledge) | PC Magazine – John C. Dvorak | Technology Evangelist | Wired Blogs | New York Times (July 17, 2006)

Note: See a similarly out-of-touch Senator Joe Pitts speaking on the affects of video game violence on children posted on my video game law page on June 22, 2006.

Dale’s Comment: It’s scary that aging Senators like Senator Stevens, who have a limited comprehension of how the Internet works, are responsible for the laws that regulate it. While there are almost daily news stories on ‘net neutrality, I rarely cover it here. Congressional committee debates on this topic mean very little at the moment. My sense is that if the Democrats are able to take control of the Senate (and a greater share of the House) this fall, reasonable ‘net neutrality legislation may stand a chance. Until then, while interesting, my sense is that the continuous Congressional committee discussions/debates on the topic won’t amount to any changes in the law.

Digg! Digg Del.icio.us Comments Off