Good day for privacy thanks to Viacom, although it could have been much worse
This article saddens me :'(
Google will have to turn over every record of every video watched by YouTube users, including users' names and IP addresses, to Viacom, which is suing Google for allowing clips of its copyright videos to appear on YouTube, a judge ruled Wednesday.
Is Viacom crazy? What do they hope to gain from this besides public outrage if they act upon this data? When will big business learn that it is impossible to regulate user generated content? Reading the judges ruling [PDF] also makes me frown. Here is Viacom's complaint with my comments interleaved:
Defendants encourage individuals to upload videos to the YouTube site, where YouTube makes them available for immediate viewing by members of the public free of charge. Although YouTube touts ( nice word choice ) itself as a service for sharing home videos, the well-known reality ( logical falicy? I believe "Ad Populum" ) of YouTube’s business is far different. YouTube ( you mean users Youtube's users ) has filled its library with entire episodes and movies and significant segments of popular copyrighted programming from Plaintiffs and other copyright owners, that neither YouTube nor the users who submit the works are licensed to use in this manner ( It doesn't make sense for YouTube as an entity to watch their own videos, but by Viacom including them, it suggests YouTube as a conspirator or an accomplice with the user ). Because YouTube users contribute pirated copyrighted works to YouTube by the thousands, including those owned by Plaintiffs, the videos “deliver[ed]” by YouTube include a vast unauthorized collection of Plaintiffs’ copyrighted audiovisual works. YouTube’s use of this content directly competes with uses that Plaintiffs have authorized and for which Plaintiffs receive valuable compensation.
If you continue reading the court document, hilarity ensues:
Viacom: "Plaintiffs [ Viacom ] seek copies of all videos that were once available for public viewing on YouTube.com but later removed for any reason" ( pp9 ) Oh man... ignorance can be funny.
Youtube: We cannot give you media, how about a list, even though "the total number of removed videos is intimidating (millions, according to defendants)... " ( pp11 ).
Viacom: "Plaintiffs seek all data from the Logging database concerning each time a YouTube video has been viewed on the YouTube website or through embedding on a third-party website" ( pp11,12 ). There goes everyone's privacy! Whoosh... out the window.
Youtube: And now for the common sense from Youtube, "Defendants argue that the data should not be disclosed because of the users’ privacy concerns, saying that 'Plaintiffs would likely be able to determine the viewing and video uploading habits of YouTube’s users based on the user’s login ID and the user’s IP address'"
Viacom: "Plaintiffs move to compel production of copies of all those private videos..." Yikes!
Youtube: "Defendants are prohibited by the Electronic Communications Privacy Act (“ECPA”) (18 U.S.C. § 2510 et seq.) from disclosing to plaintiffs the private videos and the data which reveal their contents because ECPA §2702(a)(2)" THANK YOU!
Viacom: "Plaintiffs claim that users have authorized disclosure of the contents of the private videos pursuant to ECPA §2702(b)(3)" DOH!
There are many other requests not shown above, but for the sake of brevity, here is the conclusion:
- Request for Youtube's search source code: DENIED
- Request for Youtube's Video ID source code: DENIED
- Request for all removed videos: GRANTED (?!?!)
- Request for user usage and viewing data: GRANTED (!?!?!)
- Request for data concerning relevant videos posted: DENIED
- Request for Advertising database scheme: DENIED
- Request for Google Video Content database schema: GRANTED (?!?!)
- Request for Private Videos: DENIED
So Viacom will get information about all removed videos, viewing data on all users, and the database schema for google's video content database. Sign of the times I suppose. Actually, I shouldn't be so defeated! I'm the consumer and I should revolt! How about I boycott all things Viacom... but what does that consist of?
Comedy Central? That means no Daily Show or Colbert Report. Nick At Nite and TV Land? There goes my classics like the Cosby Show and Leave it to Beaver. Paramount Pictures? There goes a lot of movies. Maybe I can rationalize that one out and stick to old Paramount omovies. But dreamworks? Come on. I write this only as a jocular reflection; I already knew the Viacom octopus has its arms in every facet of enterainment. It is this fact about big business which makes it difficult for one to fight. Who wants to bored? Where do you go for entertainment? Nevertheless, I am going to try my best to stop or at least limit my consumption of Viacom based entertainment. I invite others to do the same.







