Will YouTube go down?

YouTube · Post by **Kionon** » Mon Jul 17, 2006 5:08 pm

L.A. News Service Sues YouTube Over Beating Video

http://www.hollywoodreporteresq.com/thr ... 1002840641

JaddziaDax · Post by **JaddziaDax** » Mon Jul 17, 2006 5:20 pm

wow sucks for them O.O

YouTube · Post by **Kionon** » Mon Jul 17, 2006 5:25 pm

JaddziaDax wrote:wow sucks for them O.O

Yeah, but the guy doesn't have a case, for one thing he contends that he's losing money based on the fact you can download from hosatchel. You can't.

Also:

http://www.hollywoodreporteresq.com/thr ... 1002802746

JaddziaDax · Post by **JaddziaDax** » Mon Jul 17, 2006 5:39 pm

According to a recent report in the Wall Street Journal, Universal Music Group is urging the recording industry to crack down on amateur music videos.

Would UMG have a case? The creation of these unauthorized works implicates a copyright owner's reproduction and derivative rights. Uploading and streaming the video to others may also implicate the public performance right. And because YouTube hosts and streams the copies from its own servers, a copyright owner would have both direct infringement and secondary liability (contributory infringement and vicarious liability) theories available.

On the other hand, YouTube and its users may have a number of good copyright defenses. In my opinion, most of this video-sharing should qualify as fair use — after all, this is noncommercial activity (at least for the end-users), and a company like UMG may have a hard time proving that there is a realistic licensing market for amateur lip-sync videos shot by 14-year-old girls.

O.o and yea i dont think that helps...

im sure that the service will hang around for the amature crap... like amature films and stuff but as for amature music vids i think they are going to take a hard hit...

but at the same time they will lose a massive part of their viewers... O.o

YouTube · Post by **Kionon** » Mon Jul 17, 2006 6:10 pm

JaddziaDax wrote:
im sure that the service will hang around for the amature crap... like amature films and stuff but as for amature music vids i think they are going to take a hard hit...

but at the same time they will lose a massive part of their viewers... O.o

It does, and the reason it does is because for something to be seen as infringement it must be shown that the use A) clearly does not constitute parody or homage and B) is being used a substitute for the original material and allowing otherwise paying consumers from spending money.

Since it is unlikely that UMG (or other companies) can claim that the deranged activities of teens which use the material are being used as substitutes to work around paying for it and be taken seriously, it is likely they will not be able to win.

This is important for us, the AMV community, to pay attention to. If hosatchel loses, it will be a blow to our argument. We argue (and I believe rightly), that AMVs constitute both A) parody or homage and B) do not provide a substitute for the original material. Much like 14 year old girls making lip synchs are an unrealistic and unlikely way to obtain the copyrighted material without paying for it (especially with other forums for this available), so to is it unlikely users of the org are downloading videos purely for the intent of avoiding buying the anime DVDs or somehow "ripping" the audio from each AMV to avoid buying cds.

If hosatchel wins, we win.

AthenAltena · Post by **AthenAltena** » Mon Jul 17, 2006 6:27 pm

Kionon wrote:Since it is unlikely that UMG (or other companies) can claim that the deranged activities of teens which use the material are being used as substitutes to work around paying for it and be taken seriously, it is likely they will not be able to win.
If hosatchel wins, we win.

Reading the story I also don't think UMG has a valid claim on that front. I don't think UMG will win on this particular issue, since they are somewhat pushing it in terms of taking something too seriously. But I'm still waiting for someone to point out all the straight-out illegal copyrighted video they have on their servers that they haven't removed.

Kalium · Post by **Kalium** » Mon Jul 17, 2006 6:58 pm

I hope they burn.

YouTube · Post by **Kionon** » Mon Jul 17, 2006 7:02 pm

Kalium wrote:I hope they burn.

The enemy of my enemy is my friend.

Snuggle up close to hosatchel, Kal, because we may need to jump into bed with them. |:

DJ_Izumi · Post by **DJ_Izumi** » Mon Jul 17, 2006 8:10 pm

I get better responses on YouTube anyway, even comments where people say they're going to pimp my videos everywhere they can.

Why do we hate this site agian?

BasharOfTheAges · Post by **BasharOfTheAges** » Mon Jul 17, 2006 8:49 pm

Because streaming quality and synch are complete shit? Because a lot of people cut of credits and post other's videos there as their own? Because it;s a site that has full episodes uploaded to it and thus violates our TOS here (the whole "not talking about where to illegally obtain" such and such = not talking about a site at all if you can illegally obtain such and such there...)?