Quote:
Originally Posted by Juilan
You know those annoying public comments youtube tolerates?
Well, Google/Youtube will win by satisfying the "commentary, criticism and parody" is fair use defense. As well as by demonstrating that they comply in a timely manner to C&D Take down requests by copyright owners such as Saturday Night Live which has hit them hard and repeatedly in the past.
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The issue of the Viacom lawsuit isn't a debate as to the speed that Google / Yourtube reacts to remove when notified, but that the same videos re-appear within minutes, which makes the notification process useless. If you are going to delete a video and then allow your members to re-add it right after, you may have fulfilled the letter of the law, but you are dodging the intent of the law, which is to stop copyright violations.
The very nature of Youtube and other "social sharing" networks flies directly into the face of copyright law, and they really don't have a leg to stand on. Your "parody / commentary" concept doesn't fly, because the intent of posting is to share copyrighted material, not to comment on it. The comments are not an integral part of the youtube experience (because the content can be used in places such as blogs without those comments being visible).