Media

Attack of the copies

rEvolution inAction.

Posted to Media on Thu Feb 15, 2007 at 01:25:33 AM EST (promoted by port1080). RSS.

Three of the most used web services are being torn apart by the legal ramifications of copyright. YouTube (owned by Google), GoogleNews, and MySpace have all seen the writing on the wall (or been handed a judgment) regarding the unauthorized usage of copyrighted materials by their sites. YouTube and MySpace have the same problem, their users are posting copyrighted videos and both have started to act on it. GoogleNews has dug its own grave after losing a recent court case in Belgium.

YouTube and Myspace are approaching the problem from the same general direction. YouTube responds to any request for deletion of copyrighted material promptly, while MySpace has been examining the use of technology to screen user-uploaded content for copyright infringement. This will probably work for some but not all, and eventually the users will just find a workaround, if history has any say in the matter.

GoogleNews on the other hand, is built on copyright infringement, at least according to the Belgian court. The first lawsuit was lost by Google as they couldn't be bothered to show up to court, but they do plan on appealing this loss. In the US and the UK, Google has relied on the concept of fair use in order to justify its usage of copyrighted headlines, paragraphs and images which provide the bulk of material for its service. In continental Europe, with laws based in Civil Law, fair use is not written into copyright law, and as such, Google may lose access to European news. The court battle hinges on Google's cacheing of copyrighted material, so it may be possible to have a technical workaround, or a better defense of their actions in the next court battle.

What we are seeing is Copyright vs the Internet.. again. Will real-world laws change how we interact in the digital world? Some of the most expansive services available are presently being forced to pull back from what is technically feasible so only time will tell if what the result will be: An all-out continuous war against Pirates, a dumbing down of services (Nerf-ing), or a reasonable compromise. What do you think will happen?

Tags: edited by Port1080, rEvolution inAction, Google, YouTube, Copyright, Myspace, MPAA, Entertainment (all tags)

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6

Re: Attack of the copies

dzetetes.

Thu Feb 15, 2007 at 09:22:18 PM EST

5.00 (astute, astute, interesting)

If I ran a news website or blog, I'd personally be thrilled if one of my stories were excerpted by GoogleNews.  Since Google only provides an excerpt of the story and a link to the host site, you have to go to the host site for the full story.  If I'm running a news website, that's more traffic for me (and presumably more advertising dollars or whuffie or whatever)!

When you get right down to it, Google's search engine functions could be more harmful (potentially) to a news site than the GoogleNews service.  You can, for example, go to GoogleNews, find an article you want to read, and then instead of clicking through from there, go to Google.com and search for the article title, then click on Cached to access Google's cached copy of it.  You can read the content without actually hitting the servers on which it was originally hosted.  I can understand why a news service would have a problem with the caching function that goes along with the web search.  GoogleNews, on the other hand, doesn't provide a caching option in their search; to see the full article through there, you have to go to the source.  Given that it's free advertising, you think they'd be happy.  Nonetheless, I'm sure the Belgian court has struck an important blow against...something.

I'm not emo enough to know much about MySpace, but I'll have to join Lou at YouTube Addicts Anonymous (although I prefer video.google.com for their top 100 section).  Even though the copyright infringement at YouTube is much more egregious and, in my opinion, clear cut than in the case of GoogleNews, I fail to see what companies gain by pulling all of their clips from YouTube as long as they're just clips.  

Take the case of Adult Swim Fix, for example.  On AS Fix, Adult Swim offers full-length episodes of a number of its shows to anyone on the Internets for "free" (you have to watch some ads before and during the episode, which you didn't have to in the past, but meh).  If YouTube users were posting entire episodes of Adult Swim shows, Adult Swim might get pissed off because you'd be seeing their shows without the advertising on AS Fix.  I can't find any full-length episodes of AS shows on YouTube, however, and I'm not sure whether it's because YouTube has removed them at AS's request, or whether people don't want to bother posting episodes when you can just watch them over at AS's site (that's an interesting question in itself).  There are plenty of clips of Adult Swim shows at YouTube.  It's possible that they just haven't gotten around to asking them to be pulled, but I think they're probably savvy enough to realize that a compilation of Meatwad clips at YouTube isn't going to hurt them, and might even inspire someone to go pick up a couple seasons of Aqua Teen Hunger Force.

Now take NBC.  A while ago, I wanted to see the Lazy Sunday SNL clip that inspired Lazy Monday, Lazy Muncie, Lazy Ramadi, and all of the other Lazy spinoffs on YouTube.  When I tried to view it on YouTube, I was informed that it had been pulled at NBC's request.  NBC now has it up on their site here.  I don't know why, but when I try to view it there, it asks for a network password, and I can't see it.  Brilliant job, NBC.  

From NBC's own text on the site that's supposed to play the Lazy Sunday video, we read "Now, instead of searching the web for "borrowed" NBC highlights, you can go to the source! We've taken your viral favorites and gathered them into one convenient location. Watch. React. Tell a friend."  That "borrowed" is really cutesy, since I'm sure their cease-and-desist letter didn't exactly accuse YouTube of borrowing their content, but it's the rest of the statement that's interesting.

Viral video is a bottom up phenomenon (also, note to NBC, the only people who refer to viral videos as "your viral favorites" are assholes who only read about the concept in Newsweek or the WSJ a few months ago).  It's Web 2.0 in action, baby.  Somebody records a clip from a TV show, or uses his cell phone camera to record a comedian ending his career, and posts it to the web, and pretty soon the e-mails start going around, and after it gets popular, the Assholes in Suits realize that they've found something popular, and they didn't even have to pay a focus group.

The fact is that NBC needed YouTube to see what a goldmine they had on their hands with that Lazy Sunday video.  Hell, it almost convinced me to start watching SNL again.  Almost.  But then NBC got it all wrong, and decided to bite the hand that fed it.  Their mindset is so archaic that I'd be surprised if they're not still pissed about the VCR.  They haven't managed to figure out that this "viral" concept they're trying to appropriate is a bottom up concept, not Assholes in Suits picking clips they expect everyone to like.

The contrast between Adult Swim and NBC is interesting because, ultimately, they're all Assholes in Suits.  The Adult Swim TV broadcast can't go 5 minutes without trying to sell you something.  But they're smarter than the folks at NBC, because they've clearly decided to pick their battles, and use new technologies and new uses of technology to their advantage.

To answer the question posed in the writeup, an all out war against piracy (at least if you include sharing media via p2p and torrent software*) would prove prohibitively expensive and ultimately futile.  Eventually, entertainment and news outlets will either forge some kind of compromise (reasonable or not) that will be to their advantage, or will learn to take maximum advantage of what is essentially free advertising for them.

Capitalism is flexible and voracious, the insatiable omnivore of economic theory.  It can destroy that which opposes it, but usually eventually consumes it instead, using what could have challenged it to bulk up its own putrid mass.  Adult Swim Fix and NBC's "viral favorites" (yeehaw!) provide two examples, more competent and less competent, respectively, of how media will adapt to the "threat" of YouTube et al.

*In further support of my last paragraph, and as many others have already pointed out, the makers of TV shows have already responded to the advent of Tivo and torrents by including more advertising within shows in the form of increased (and more obvious) product placement.  (Yes, Hiro, NIssan Versa, Ride-o, buu buu!) They'll adapt.  They're the frickin Borg.

In regione caecorum, rex est luscus.

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Re: Attack of the copies

3fingerspointback.

Sun Feb 18, 2007 at 09:35:23 PM EST

none

Yes, Hiro, NIssan Versa, Ride-o, buu buu

I watch Heroes online through the NBC website, and also check out the weekly comics by downloading the PDFs.  For a while, the format of each comic was to have tinytinytinytinytiny images of each page (in full detail, you just need to zoom about 400% to read it right), with a comparatively gargantuan page advertising the Versa at the front.  I haven't had any problem watching the videos (or Lazy Sunday) this way, but I had to make sure that NoScript allowed both nbc.com and falkag.net.

(is 3fingerspointback)

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Re: Attack of the copies

rEvolution inAction.

Mon Feb 19, 2007 at 02:54:50 PM EST

none

You can watch it on NBC's website? I've been downloading it from torrents all this time... oops.

Tipping Sacred Cows

9

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Re: Attack of the copies

3fingerspointback.

Mon Feb 19, 2007 at 03:29:43 PM EST

none

I'm not sure the real reason they aren't making it very obvious (if they don't like the concept, why spend the bandwidth?  If they want to try and sell ads, why don't they promote it more?), but each of the broadcast networks has its own way of making episodes of some of its regular shows available for free viewing.  Heroes is here.

Even though Fox does the same with 24, I still torrent it just for the higher video quality.

(is 3fingerspointback)

10

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Re: Attack of the copies

rEvolution inAction.

Mon Feb 19, 2007 at 03:53:05 PM EST

none

Do you know if its simulcast with TV or is it delayed until after broadcast?

Tipping Sacred Cows

11

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Re: Attack of the copies

3fingerspointback.

Mon Feb 19, 2007 at 08:11:44 PM EST

none

It depends on the network, and the broadcast, and, annoyingly, on the people in charge of updating the stuff--it's not consistant yet.  I think that the earliest they go up (Fox programs) is immediately after the coast-to-coast broadcast.

(is 3fingerspointback)

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Re: Attack of the copies

rEvolution inAction.

Mon Feb 19, 2007 at 08:54:00 PM EST

none

Shows coming on now..

Tipping Sacred Cows

1

I told you so

profwhat.

Thu Feb 15, 2007 at 11:06:57 AM EST

3.33 (interesting)

I am correct so rarely that I hardly ever get to say things like this, but, I TOLD YOU SO.  "YouTube's success is founded on copyright infringement," and now that YouTube is actually worth money, the copyright owners are going to eat it alive.  True, they aren't liable, because they can just obey a DMCA takedown notice.  But when those notices start coming 100,000 at a time, YouTube is going to run into serious content problems.  People will still go there to see videos of sleeping kittens and the odd video blogger, but say goodbye to those nice John Stewart clips.

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Re: I told you so

rEvolution inAction.

Thu Feb 15, 2007 at 12:04:41 PM EST

5.00 (brilliant)

I usually go there for the sleeping kittens.

Tipping Sacred Cows

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Re: I told you so

thefadd.

Thu Feb 15, 2007 at 02:57:19 PM EST

5.00 (brilliant)

I love how youtube's statement in that 100,000 link juztaposes the two statements, "It's unfortunate that Viacom will no longer be able to benefit from YouTube's passionate audience which has helped to promote many of Viacom's shows..." and "We prohibit users from uploading infringing material."

escalators never fail; they just become stairs

5

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Re: I told you so

rEvolution inAction.

Thu Feb 15, 2007 at 04:13:09 PM EST

none

Obviously they would like to see a different approach.

Tipping Sacred Cows

2

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Tech question

Lou.

Thu Feb 15, 2007 at 11:22:17 AM EST

none

Hi...My name is Lou and I am a youtube addict.

HI LOU!

But anyway...is there a way of copying the videos on Youtube?  Several that I put in the favorites have been eaten by Viacom.

It's the end of the world as we know it, and I feel fine

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Re: Tech question

Ozyman.

Wed Feb 28, 2007 at 05:21:30 PM EST

none

I can't vouch for any of them, but here are three firefox extensions that claim to solve that problem:

http://javimoya.com/blog/youtube_en.php
https:/addons.mozilla.org/firefox/2390
https:/addons.mozilla.org/firefox/2584

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