Viacom vs Google: "We want some of that Internet Moneh"

Viacom, who own the likes of Comedy Central, Nickelodean and Dreamworks studios, is involved in a $1 billion law suit with Google, claiming that they have infringed copyright. In response, Google has warned that websites which rely on user generated content could be held responsible for the actions of their users (in a previous article, I explain how Youtube and Ebay are under fire for the actions of their users). Viacom's claim is directed at user generated clips which infringe copyright on Google's popular video sharing website.

In a landmark decision, the July 1 hearing ordered that Google allow Viacom access to what people watch on Youtube, which is what consumer advocates have warned is a violation of privacy and could lead to Viacom targeting individuals for infringement. Google have already been under fire for their privacy policy, and in light of this it could be predicted that further advocation for stricter privacy policies.

Furthermore, although a fair use defence was once successful as Youtube usually allows for the sharing of small clips rather than full length episodes, Viacom have argued that they can now make money off advertising by releasing those clips appended with ads over the online network. It appears that Viacom are going the route of the writers, and they now want some of that Internet money.

This ruling has also been heralded as another blow to the Digital Millennium Copyright Act (DMCA), which has provided protection to websites from user actions if they comply with take down notices to remove illegal material. The Grokster case in 2005 was a huge blow to the DMCA, where it was found that the website was responsible for the illegal sharing of copyrighted material (with similar outcomes in the similar suits against Napster and Kazaa). Although interestingly enough, both are still in existence post law suit, with a few minor changes.

Further more, it is interesting that Viacom does not appear to practise what is preaches. Chris Knight posted his tv commercials for his campaign on Youtube to get on the school board where he lived, which VH1, a Viacom owned brand, used without his permission in a segment on one of it's shows, Web Junk 2.0. He then posted the same clip from VH1 to post on his blog, which was then taken down by Youtube due to infringement of Viacom's copyright. However, he then filed a DCMA counter claim (a right which apparently few know about according to Fred von Lohmann at the Electronic Frontier Foundation), which was sucessful. Effectively, Viacom took material without permission, used it for it's own commercial purposes, and then issued a take down notice when the copyright owner posted the clip to Youtube!