Comments on: Viacom’s Lawsuit Against YouTube Has No Chance of Succeeding

By: Dempsey

Dempsey — Fri, 16 Mar 2007 11:00:50 +0000

I think they may be able to argue against “knows about the infringement” since every time they know about it they take it down. Will it come down to “since humans are inherently evil, allowing anyone to upload anything is infringement”? Boy, I’d love that to be the final judgment.

By: pixel

pixel — Thu, 15 Mar 2007 03:39:33 +0000

Viacom hasn’t asked YouTube to be shut down, so it’s unlikely to “snuff out” YouTube. But that doesn’t mean it won’t win. Unlike Napster and Grokster, there is direct infringement, not just secondary infringement, because YouTube plays the videos. Second, Viacom argues that basic filtering should be implemented, not that the entire site is used overwhelmingly for infringement. The argument is that YouTube knows about infringement and isn’t getting rid of it. That is clearly right.

By: Johnal

Johnal — Wed, 14 Mar 2007 23:39:01 +0000

I kind of agree with Terry on this one…the headline is a bit misleading, but this is interesting nonetheless!

By: terry chay

terry chay — Wed, 14 Mar 2007 20:31:53 +0000

There is a big difference between saying that the lawsuit isn’t a Napster-reloaded and claiming that it “has no chance of succeeding.”