While the Internet promotes creativity and diffusion of ideas and entertainment, it has also enabled widespread dissemination of copyrighted materials. This class action lawsuit filed by Viacom International Inc. against Youtube in 2005 details the large-scale infringement Youtube has committed against music, film, and television companies. Although Youtube claims the websites purpose is to provide a forum for "user generated" material, the website contains innumerable copyrighted content. One could view clips from every genre of film or television and music clips from live shows or music videos. The plaintiffs hold Youtube responsible because they have enabled the format for such infringement without assuming the responsibility of monitoring the content. Furthermore, the plaintiffs argue "the availability on the Youtube site of a vast library of the copyrighted work is the cornerstone of the Defendant's business plan." Because Youtube makes significant profit off of these copyrighted works, they leave it to law abiding individuals and copyright owners to monitor the site. Even if the site removes the illegal content once notified, it usually returns to the site within no time. Moreover, Youtube has devised a feature that precludes copyright owners from finding infringing videos.
Viacom holds Youtube responsible because the site "knowingly reproduces and publicly performs the copyrighted works" and allows for extended distribution by enabling one to "embed" a video into another website. Although users are the ones who originally upload the content, Youtube converts the material to their own software format for display and reproduction. More importantly, such websites dissuade people from producing creative works in fear their copyrights will be violated and subject to egregious exploitation. Youtube acknowledges such illegality by sending cease and desist letters to people who provide software that can be used to make copies of Youtube's videos. Youtube sites that such copies are "unauthorized" yet the plaintiffs recognize that Youtube does not want such copies available because they need viewers for their own site to retain advertising revenues. As compensation for Youtube's violations, the plaintiffs order that the defendants device a system to prevent infringement and provide statutory damages for past and present infringements amounting to at least one billion dollars.
This lawsuit directly pertains to my paper in that it shows the legal measures the film industry is taking to combat piracy. Because my paper also focuses on the evolution of the industry in this online world, it is important to note the setbacks such technological develoments have caused for the industry.
tagged case copyright viacom youtube by milich ...and 1 other person ...on 25-NOV-08


