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-   -   Judge Orders YouTube to Give All User Histories to Viacom (https://gfy.com/showthread.php?t=838983)

Paul Markham 07-03-2008 10:12 PM

Quote:

Originally Posted by Snake Doctor (Post 14420401)
This is good news for those of us who want to see illegal tube sites shut down. If youtube can be found guilty of contributory infringement then it's game on for all of the copycats.

It also sends a warning to people. Upload content you don't own and you might get a knock on your door from a man with a summons.

Quote:

Originally Posted by Mr Pheer
Google should print the records out on paper and then send truckloads of records to Viacom

If Wicked sue Redtube should Redtube do the same?

Doing this after the judge told them to go buy some hard drives might just piss off the judge.

There is another side to this that no one has seen yet. Look on the big porn Tube sites and see the people uploading, some are clearly the owners uploading clips for advertising, some are from people doing a couple and a lot are from people who seem to have nothing better to do than upload hour after hour. Maybe an auto uploader or maybe the owner of the site ripping a members area and using it as uploaded.

To claim it was an independent surfer the owner of the Tube site has to able and ready to prove it was a surfer. Then the copyright holder can sue the uploader. I'm cynical and don't see members up loading hours after hours of porn.

kane 07-03-2008 10:18 PM

Quote:

Originally Posted by A1R3K (Post 14420192)
they gonna try to sue users for watching clips or try to tally what youtube owes them in royalties for people watching the clips?

Mark Cuban actually just wrote about this on his blog. Basically he says what Viacom is looking for is proof that Youtube controls the content of their site on their end. they may use porn as this proof. Right now Youtube claims the site is policed by its users. If they find out through these records that Youtube has controlled content by killing porn videos before they even hit then this could cause Youtube to lose its DMCA and they would be fucked.

Also they want this info to prove that copyrighted material is more popular than user created material.

Paul Markham 07-03-2008 10:28 PM

Quote:

Originally Posted by gideongallery (Post 14417769)
this is total bs

as a canadian who post to youtube, releasing my information would be a violation of peipeda

the canadian government is the authority that prevents such a release

Did you own the content you posted to YouTube?

If your information is on the database and you were violating copyright laws your right of privacy ended right there. Ended by you making the decision to break the law. Privacy laws were never meant to protect criminals. Yes the records contain people who were not viewing or sharing copyright material and these will be ignored. So if you were uploading content you own then you have nothing to worry about.

Must do a search and see what you think of porn Tube sites and the people who upload to them.

Tickler 07-03-2008 10:32 PM

Quote:

Originally Posted by CIVMatt (Post 14415448)
What are they going to do sue a bazillion people?

Do the math.:error

Legal liability for YouTube viewers
Users of YouTube and other video-sharing sites could face $750 per clip penalties if they have watched a video that was uploaded without the copyright holder's permission.

Copyright infringement in the United States strict liability offense. What this means, is that users are liable when they illegally copy works, even if they're not aware that this is wrong, or that the work is protected by copyright.

http://www.cnet.com/8301-13739_1-993...l?tag=blogFeed

d-null 07-03-2008 10:39 PM

that is pretty extreme to be unworkable... how about if someone uploads a photo to a forum that happens to be copywritten, would all people that open the thread be liable to pay?

woj 07-03-2008 10:52 PM

Quote:

Originally Posted by Tickler (Post 14420505)
Do the math.:error

Legal liability for YouTube viewers
Users of YouTube and other video-sharing sites could face $750 per clip penalties if they have watched a video that was uploaded without the copyright holder's permission.

Copyright infringement in the United States strict liability offense. What this means, is that users are liable when they illegally copy works, even if they're not aware that this is wrong, or that the work is protected by copyright.

http://www.cnet.com/8301-13739_1-993...l?tag=blogFeed

That's pretty stupid, a user has no way of knowing who uploaded the content or if the clips are legit or not, for all they know the clips were uploaded by legit copyright holders... .maybe on stolen-copyrighted-videos.com something like that will stick, but certainly not on a mainstream site like youtube...

Doctor Dre 07-03-2008 11:04 PM

Quote:

Originally Posted by AlienQ (Post 14416839)
Youtube was a poison pill to google.
I said it before the sale and I said so after the sale:)

I am going to go so far as to predict that Google shuts Youtube down while it is modified with better copyright filters or Google closes Youtube entirelly which may be to drastic but I definatly see YoutTube going down for a while.

hahah you're fucking nuts

Rarely have I seen a person as clueless as you.

gideongallery 07-03-2008 11:06 PM

Quote:

Originally Posted by Paul Markham (Post 14420498)
Did you own the content you posted to YouTube?

If your information is on the database and you were violating copyright laws your right of privacy ended right there. Ended by you making the decision to break the law. Privacy laws were never meant to protect criminals. Yes the records contain people who were not viewing or sharing copyright material and these will be ignored. So if you were uploading content you own then you have nothing to worry about.

Must do a search and see what you think of porn Tube sites and the people who upload to them.

1. The court system in BOTH CANADA and the US is based on the concept of innocent UNTIL proven guilty.

2. they are not asking for the information of people who are guilty, they are asking for ALL information.

Read the question they are trying to make the arguement between user CREATED content and copyright content.

fair use does in fact mean that user DERIVED content is also NOT a copyright infringement, the question is predisposed that any use of copyright content is an infringement which it is not.

Mr Pheer 07-03-2008 11:12 PM

Quote:

Originally Posted by Paul Markham (Post 14420470)
If Wicked sue Redtube should Redtube do the same?

I dont know, I've never been to RedTube. But I go to YouTube quite a bit, mostly checking out guitar videos that people make of themselves playing. Amazing how much you can learn like that.

Paul Markham 07-03-2008 11:31 PM

Quote:

Originally Posted by gideongallery (Post 14420560)
1. The court system in BOTH CANADA and the US is based on the concept of innocent UNTIL proven guilty.

2. they are not asking for the information of people who are guilty, they are asking for ALL information.

Read the question they are trying to make the arguement between user CREATED content and copyright content.

fair use does in fact mean that user DERIVED content is also NOT a copyright infringement, the question is predisposed that any use of copyright content is an infringement which it is not.

Taking the records of people does not imply any guilt. They need these records to find out whose guilty and whose innocent. But it's good to know you want to make catching and stopping copyright infringer's as hard as possible. Must go see what you post in threads about stopping pirates. :thumbsup

BusterBunny 07-03-2008 11:33 PM

fiddy:pimp

Paul Markham 07-03-2008 11:38 PM

Quote:

Originally Posted by woj (Post 14420542)
That's pretty stupid, a user has no way of knowing who uploaded the content or if the clips are legit or not, for all they know the clips were uploaded by legit copyright holders... .maybe on stolen-copyrighted-videos.com something like that will stick, but certainly not on a mainstream site like youtube...

Not sure but I don't think ignorance of the law was ever an acceptable defense in court. People have a good idea if they are watching home produced content or Viacom content. AND they a pretty good when they post it on GFY if it's home produced or pirated.

Let's face it some here support piracy and the proof is here. They support it and want to see Google do everything they can to keep pirating content. YouTube is built on pirated content, we all know that. So when people flame AFF, Redtube, Megarotic, etc. are they annoyed only when piracy effects their income? When it entertains them they are all for it. What is the word for this???? Begins with a H. :winkwink:

gideongallery 07-04-2008 03:13 PM

Quote:

Originally Posted by Paul Markham (Post 14420632)
Taking the records of people does not imply any guilt. They need these records to find out whose guilty and whose innocent.

you realize your basically saying i should have a right to violate your right of privacy so i can prove your guilty when i really only have that right when i have proven you are guilty


people have a right to privacy and that should not be superseed for everyone just because some people are using to hide their illegal activity.

better that 9 criminals go free then 1 innocent man goes to jail.


Quote:

But it's good to know you want to make catching and stopping copyright infringer's as hard as possible. Must go see what you post in threads about stopping pirates. :thumbsup


copyright is a conditional monopoly not an absolute one, the difficulties are ones based on that conditional nature. I have a legal right to make a parody using your copyright material, i have a right to use your copyright material to for comentary purposes. Those rights have been established by the original copyright act. Additional fair use right have been established by the court. If you can't make money by and still respect fair use then you should not be producing content.

you should be monitizing the distribution method (product placement, process monitization, etc) rather then trying to fight if you can't see how to get around the problem of respecting fair use and catching the theives rather than arguing to destroy fair use completely.

gideongallery 07-04-2008 03:21 PM

by the way you might want to read up a bit on it

google requested and got a protective order which would prevent the use of information against the users

since viacomm got around the video privacy act by claiming they were only going to use it to determine the statistical distribution of piracy to user generated.


then google has now "asking Viacom to respect users' privacy and allow us to anonymize the logs before producing them under the court's order"

it perfect trap because if viacom refuses they can then appeal the current judges ruling demanding that viacomm prove that the extra information was need for their declared task since if the only reason for that extra (non anonymize information) has no necessary purpose to their analysis it would prove that the request was a fabrication to get around the video privacy act.

_Richard_ 07-04-2008 03:35 PM

Quote:

Originally Posted by gideongallery (Post 14422850)
by the way you might want to read up a bit on it

google requested and got a protective order which would prevent the use of information against the users

since viacomm got around the video privacy act by claiming they were only going to use it to determine the statistical distribution of piracy to user generated.


then google has now "asking Viacom to respect users' privacy and allow us to anonymize the logs before producing them under the court's order"

it perfect trap because if viacom refuses they can then appeal the current judges ruling demanding that viacomm prove that the extra information was need for their declared task since if the only reason for that extra (non anonymize information) has no necessary purpose to their analysis it would prove that the request was a fabrication to get around the video privacy act.

thanks a lot for answering my questions about the ruling! good job for google.. again.

baddog 07-04-2008 05:44 PM

Quote:

Originally Posted by CIVMatt (Post 14415448)
What are they going to do sue a bazillion people?

Quote:

Originally Posted by jetjet (Post 14415590)
that is obviously a money grabbing technique

Quote:

Originally Posted by A1R3K (Post 14420192)
they gonna try to sue users for watching clips or try to tally what youtube owes them in royalties for people watching the clips?

and the rest of you . . . Viacom wants the data to prove that infringing material is more popular than user-created videos, which could be used to increase Google's liability if it is found guilty of contributory infringement.

They aren't trying to sue us. They are trying to prove a point.

Barefootsies 07-04-2008 06:03 PM

Quote:

Originally Posted by AlienQ (Post 14416902)
PS: Youtube is truly one of the biggest violations of copyright in american history.

Historically there never has been such an operation of flagrant and vast copyright theft. The news and media outlets will be saying that soon.

Um, Napster?
:disgust

broots 07-04-2008 06:46 PM

Quote:

Originally Posted by baddog (Post 14423206)
and the rest of you . . . Viacom wants the data to prove that infringing material is more popular than user-created videos, which could be used to increase Google's liability if it is found guilty of contributory infringement.

They aren't trying to sue us. They are trying to prove a point.

Hmm... I have to wonder about that. Google's upload limit -- in terms of size and time-length -- as well as their craptacular flash decoder makes most of their content worthless. I think the folks behind Viacom want the stats for the purposes of marketing their products. That info is worth a lot of pesos, IMHO.

Snake Doctor 07-04-2008 10:58 PM

Quote:

Originally Posted by gideongallery (Post 14422833)
you realize your basically saying i should have a right to violate your right of privacy so i can prove your guilty when i really only have that right when i have proven you are guilty

That's not correct, you through a court order, or law enforcement through a warrant, has a right to violate my privacy when they have REASONABLE SUSPICION that I have done something wrong.

And again to reiterate baddog's point (can't believe I'm doing that) there's a limit to what this data can be used for. They're not trying to initiate lawsuits against end users, they're trying to prove a point.

Paul Markham 07-05-2008 12:04 AM

Quote:

Originally Posted by Snake Doctor (Post 14424046)
That's not correct, you through a court order, or law enforcement through a warrant, has a right to violate my privacy when they have REASONABLE SUSPICION that I have done something wrong.

And again to reiterate baddog's point (can't believe I'm doing that) there's a limit to what this data can be used for. They're not trying to initiate lawsuits against end users, they're trying to prove a point.

Pointless arguing with him. He wants people to be able to break the law, take food out of our mouths and then hide behind "Rights of Privacy". It's like turkeys promoting Thanksgiving dinners.

As for initiating lawsuits against criminals. Why not?

Snake Doctor 07-05-2008 12:17 AM

Quote:

Originally Posted by Paul Markham (Post 14424224)
As for initiating lawsuits against criminals. Why not?

I can't believe I'm actually getting into a discussion with you, but here goes.

Do you really think that someone who goes to youtube and searches for "funny video" and then gets a results page with say some Chris Rock videos, that he watches and laughs at, and then later it's found out that those videos were there in violation of the owner's copyright...then the person who watched it should be liable for damages?

That's going a bit too far IMO. Also consider how impractical that is. The vast majority of people watching or downloading copyrighted work on the internet are kids, and by kids I mean 12yrs-25yrs old. People with no assets to sue for anyways.

Add to that the fact that the end user really has no idea whether the content was licensed by youtube or not....there are really just too many problems with this scenario, you obviously haven't thought it through.

Setting a precedent against a giant like youtube and maybe even making a statement by going after the biggest uploaders of copyrighted work will be more than enough to stem the tide of this problem.

xmas13 07-05-2008 12:32 AM

Since when do Americans care about privacy? Oh yes, you do when you fear it may hurt your wallet.

xmas13 07-05-2008 12:38 AM

Viacom is doing the right thing. Keep up the good work.

xmas13 07-05-2008 12:41 AM

Hey mother fuckers, you can receive a million dollar settlement for being served a cup that was too hot in a restaurant, and millions can be fined thousands each for downloading Viacom shit. Enjoy!!!! You can mess up with business, business can mess up with you.

D Ghost 07-05-2008 02:39 AM

Interesting discussion

NiftyStats Jenna 07-05-2008 02:42 AM

google spied, that's all :)

gideongallery 07-05-2008 06:23 AM

Quote:

Originally Posted by Snake Doctor (Post 14424046)
That's not correct, you through a court order, or law enforcement through a warrant, has a right to violate my privacy when they have REASONABLE SUSPICION that I have done something wrong.

the key is the "reasonable suspicion" that you have done something wrong, as it was originally posted that would be the equivalent of me asking for all the bank records at a bank (for every person) because somebody in that bank was laundering money. You have a right to violate the privacy of the person who you have a "reasonable suspicion" of laundering money, you don't have a right to do it for everyone to try and catch that guy.


Quote:

And again to reiterate baddog's point (can't believe I'm doing that) there's a limit to what this data can be used for. They're not trying to initiate lawsuits against end users, they're trying to prove a point.
i was the one who pointed out what they could and could not do with the data BEFORE baddog made his post.
Quote:

Originally Posted by gideongallery

by the way you might want to read up a bit on it

google requested and got a protective order which would prevent the use of information against the users
since viacomm got around the video privacy act by claiming they were only going to use it to determine the statistical distribution of piracy to user generated.


then google has now "asking Viacom to respect users' privacy and allow us to anonymize the logs before producing them under the court's order"

it perfect trap because if viacom refuses they can then appeal the current judges ruling demanding that viacomm prove that the extra information was need for their declared task since if the only reason for that extra (non anonymize information) has no necessary purpose to their analysis it would prove that the request was a fabrication to get around the video privacy act.


I understand exactly what they can do with the data, i am also smart enough to see the function of googles request. I feared that they would abuse the information because that the SOP of the RIAA/MPAA. Thank god google is smart enough to throw it back at them.
If they try and demand the extra information that proves they are fabricating the statistical evidence arguement to get around the video privacy protection act.


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