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How does youtube survive?

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breakaway

Member
Every single day there are videos that are obviously uploaded from TV and get 500,000 hits. It's on there for days, weeks, sometimes months. You click on the flim category and virtually every single video is copyright infringement. It seems like (a) the person uploading the video has no consequences except for getting suspended/banned and (b) youtube itself does not suffer any consequences as long as it pulls down the video after a day or two of a complaint (by then, the video has already been seen hundreds of thousands of times so it is pointless). I realize it would be hard to monitor ALL the videos, but this is not a staffing issue. It would take 1 YT empoyee looking at the most viewed videos 15 minutes a day to take off videos that are obviously ripped off of TV. Why do they not have any consequences?
 


lowenstat

Member
It will be also interesting to see what the answer is.

I would say that utube is a service. A venue, a place for things to happen.

I am sure there is a gray area regarding how much responsibility it theirs for providing a venue.

I know that their responsibility can increase greatly once they are notified that a particular video is infringing.

However, they can't be the final judge on what is infringement since that is based on company/owner x's definition. And that is why it gets too complicated.

If it were illegal types of porn for example well that is very obvious against the law and can be dealt with right off the bat, which I am sure it is once found. But for utube to just see a video and know legally if that is infringement needs input from company/person x.

I also bet that once they start policing themselves then it may be required to police themselves forever and do it correctly which is impossible.

My opinion is that they are just a venue with limited responsibility.
 

FlyingRon

Senior Member
Napster had no original content.

YouTube operates under the DMCA safe harbor which says that they are not held liable to further action if they have the process in place and immediately take down infringing materials upon complaint of the owner.
 

Zigner

Senior Member, Non-Attorney
Napster had no original content.

YouTube operates under the DMCA safe harbor which says that they are not held liable to further action if they have the process in place and immediately take down infringing materials upon complaint of the owner.
Napster ignore the complaints - that's the big difference.
 

davezan

Member
Let's just say it's a question of who's RAW (Ready, Able, Willing) to hold YouTube liable for
whatever demonstrable cause.

So...who's RAW? :D
 

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