Copyright quagmire for Google and YouTube

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Sorry, different case

Not sure about Napster but I think they won thier case or one them. Kazza you'd be correct on. They did get nailed in court but they got in trouble for profit via ads off the piracy going on there.

YouTube is different.

1) You tube has significant non-infringing works. I'd say that 98% of YouTube is non-infrining. There are few full video clips that appear but they are removed fairly quickly. Like Music videos.

2) Much of what is posted on YouTube could be considered fair use. In Kazza's case you have the whole of the content being traded illegally. In YouTubes case you might 30 seconds to 2 minutes cut from a the whole posted there. Under fair you it is legal for someone to do that. Doing it on YouTube is new but it's been happening for decades prior to that legally. People quite regularly clip pictures from magazines to put into posters that out for public view by anyone. The big difference with YouTube is instead of thousands seeing say a collage of magazine pictures in a poster, thousands (potentially millions) will see the collage of clips posted on Youtube by a user. Putting a whole music video up though is blatantly copyright infringe and not fair use. A 30 second clip of Family guy is more of comentary and review of the show which implies the show is funny.

Now you might not agree with the above but you don't have to. It's not for you or me to decide, judge decides. What I'm pointing out is the situation is not the same as Kazza or Napster so the ruling can't be applied here. Again that's for the judge to decide here. It's just not black and white as you describe in you statement that the courts ruled against Kazza, an Australian court at that, will mean a US judge will think and decide the same with out looking at the details of the case.

Posted by: voska   Posted on: 03/15/07 You are currently: a Guest | Members login | Terms of Use

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