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Viacom Vs. YouTube Fallout

by Online Sources

Tuesday, September 15th, 2009

Web TV Wire


Posted: 14 Sep 2009 07:57 PM PDT

Veoh LogoAlthough the case isn’t technically over yet, the fact that the judge in Universal Music Group’s copyright case against Veoh has stated the video site qualifies for protection from DMCA’s safe harbor provision leaves little to litigate over. So what effect does this decision have on Viacom’s case against YouTube on similar charges?

DMCA Safe Harbor Provision

All online video sharing sites, and sites which accept other forms of media, which allow users to upload content, run the risk of copyrighted material making its way onto their servers. Whether that in effect means the site itself is infringing on copyright law is open to interpretation.

The safe harbor provision of the Digital Millennium Copyright Act, otherwise known as the Online Copyright Infringement Liability Limitation Act (OCILLA) is designed to end this debate by exempting Web sites and hosts as long as they follow certain rules.

Legal Battles Ensue

However, this hasn’t stopped content owners from suing video sites, especially if they consider them not to have followed the rules set out in the DMCA safe harbor provision. The biggest case of this kind is the lawsuit brought by Viacom against YouTube, which is still ongoing.

While that case rumbles on, other similar cases are being resolved, with the online video sharing sites usually coming out on top. In late 2008, Veoh won a copyright infringement case brought against it by Io Group, an adult entertainment company. And now, Veoh has emerged victorious again.

Veoh Vs. UMG

Universal Music Group brought a lawsuit against Veoh back in 2007 alleging copyright infringing videos were present on the site. UMG accused Veoh of “engaging of high-tech theft in the name of ’sharing.’” The argument against Veoh being protected by the DMCA safe harbor provision was owing to the way Veoh transcoded the videos.

But now the judge in the case has issued a summary judgment stating that Veoh does qualify for protection. Judge A. Howard Matz made it clear that Veoh “expeditiously” removed videos it found to be infringing copyright and introduced measures to prevent similar lapses in the future.

Veoh CEO Dmitry Shapiro issued a statement saying:

“From an industry perspective, this decision is a big deal as well, as we now have a second clear victory showing that companies who work diligently to respect property owners and the DMCA will be able to run their businesses and be successful without the fear of those select content owners who may be uncomfortable with emerging technology.”

Viacom Vs. YouTube Fallout

The question now is what effect this could have on the Viacom vs. YouTube case. Although the Io Group lawsuit was sufficiently different, UMG’s is very similar and the result must surely have a bearing on the outcome of that lawsuit.

That case is being heard in a different district but legal experts predict this case will at least have an influence on the outcome.

And the judge’s insistence that making financial gains from user-generated content, even if it infringes on copyright, doesn’t remove the DMCA safe harbor provision is doubly good news for YouTube as it potentially opens up over 90 percent of YouTube uploads to advertising.

[Via Ars Technica]

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Posted: 14 Sep 2009 03:15 PM PDT

overview-hero

The iPod Touch got a serious hardware upgrade, as Apple looks to be drooling over the mobile gaming pie.

The Touch is now faster and supports OpenGL|ES, which should improve game performance.

Two new features are voice-controlled music playback and voice memos; the earphones have been updated with a microphone.

There is no video camera for the iPod Touch, perhaps because this would create competition with the iPhone.

Overview of Features

  • Control music playback with spoken commands.
  • Audio recorder
  • Genius Mixes
  • Buy or rent movies and TV shows
  • App Store
  • Shop on iTunes
  • Safari Web Browser, Mail, Maps and YouTube
  • Nike+ support
What Others are Saying

CrunchGear speculates on the lack of video camera, wondering if hardware changes were just to difficult to incorporate for this model. They’re really excited about some of the new games coming out for the Touch, including Assassin’s CreedRiddim Ribbon Nova and Madden.

Speculation about the Touch’s camera might be supported by iFixit’s teardown of the hardware:

It appears that Apple left in room for a camera in the top of the device. There is a 6mm x 6mm x 3mm space between the Broadcom chip and the wireless antenna. There isn’t enough depth for an iPhone-style autofocus still camera, but just enough room for the camera that Apple used in the 5th generation iPod nano.

The Touch sells at 8GB for $199, 16GB for $229, 32GB for $299, and the brand new 64GB for $399.

iPod Nano 5th Gen Marketplace – Prices, Deals & Discounts

On Amazon:
Buy a 3rd Gen iPod Touch from Amazon

On eBay:

64GB Apple iPod Touch 3rd Generation 64 GB MP3 Player

US $429.99 Paypal
Auction Ends: 6d 1h 16m
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BRAND NEW 64GB IPOD TOUCH 3RD GENERATION

US $475.00 23 Bids Paypal
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Apple iPod touch 3rd Generation 8 GB MP3 Player

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