Monday, May 10, 2010

Isn't it really just about $$$$$?

One aspect of this case that I wonder about is the financial incentive behind this litigation. In my opinion, if YouTube were not as successful as it is and if Google were not as successful as it is, Viacom may not have even bothered pursuing this case. At the end of the day, this is really about money, isn't it? It seems as though as YouTube gains legitimacy, it also seems to be gaining the wrath of Viacom and others. I just wonder if YouTube and Google are easy targets because they are so successful and show no signs of their success diminishing. A recent example of this is seen in the judgment rendered by an Italian court a few months ago, holding several Google executives criminally liable, arising from an incident where a group of children bullied an autistic boy. This incident was videotaped and the video of this incident ended up being posted on YouTube. While YouTube removed the video after being notified of its existence on the site, the Italian court held three Google executives liable for violation of privacy, but not guilty of defamation. Essentially, by so ruling, Judge Magi said that Google is liable for user-generated content posted to its site. To me, this decision is another example of how Google is being targeted for its success. While I agree that there must be a balance between protecting the rights of copyright holders and sharing content and preventing a chilling effect, and while I am a huge privacy fan and have serious concerns about the defamatory content that is found on the Internet, I still beleive that this case is more about money than any legal principles. While the case obviously raises concerns about copyright infringement and privacy, etc. , Viacom is a powerhouse in its own right and I doub they would be litigating over principles. If YouTube had gone the way of Groksters, my feeling is that this case would never have gotten as far as it is. It is only because YoTube and Google are thriving and threatening Viacom's viability that Viacom chosen to fight.

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