Viacom Should Be in Jail
This is clear fraud. First, the context:
In their opening briefs in the Viacom vs. YouTube lawsuit (which have been made public today), Viacom and plaintiffs claim that YouTube doesn’t do enough to keep their copyrighted material off the site. We ask the judge to rule that the safe harbors in the Digital Millennium Copyright Act (the “DMCA”) protect YouTube from the plaintiffs’ claims. Congress enacted the DMCA to benefit the public by permitting open platforms like YouTube to flourish on the Web. It gives online services protection from copyright liability if they remove unauthorized content once they’re on notice of its existence on the site.
And here’s where it gets problematic:
For years, Viacom continuously and secretly uploaded its content to YouTube, even while publicly complaining about its presence there. It hired no fewer than 18 different marketing agencies to upload its content to the site. It deliberately “roughed up” the videos to make them look stolen or leaked. It opened YouTube accounts using phony email addresses. It even sent employees to Kinko’s to upload clips from computers that couldn’t be traced to Viacom. And in an effort to promote its own shows, as a matter of company policy Viacom routinely left up clips from shows that had been uploaded to YouTube by ordinary users. Executives as high up as the president of Comedy Central and the head of MTV Networks felt “very strongly” that clips from shows like The Daily Show and The Colbert Report should remain on YouTube.
This is the equivalent of vandalizing your own house, then blaming your neighbor, then suing your neighbor for vandalizing your house. It certainly looks bad for my fellow Emerson alum Doug Herzog if he favored the lawsuit. How is this not criminal activity?
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Tags: andrew sullivan, colbert report, doug herzog, lawsuit, the daily show, viacom, youtube