Shocker.
DMCA safe harbor protects Veoh online video sharing — major victory that may help YouTube
August 28, 2008News: The district court in the Northern District of California decided in favor of Veoh, an online video sharing site, holding that it fell within the DMCA safe harbor. Michael Arrington of Tech Crunch has 2 excellent analyses of the decision here and here. One of the key parts of the ruling is that a video sharing site does not become disqualifed from the safe harbor by setting up a system that converts videos into a different (here, Flash) format (the plaintiff porn entertainment company claimed that such conversion showed that Veoh had control over the content). Arrington also lists a number of key parts of the decision on his blog.
Analysis: I am poring over the opinion myself and hope to have a followup soon. The copyright cases against YouTube are in New York, so this precedent is not binding in that jurisdiction. But it is undoubtedly helpful to YouTube’s case there.
UPDATE: Here are some of the most important principles the court appeared to embrace in the Veoh case:
1. A video sharing site doesn’t have the “right and ability” to control infringing activity just by setting up a system where users can upload videos. The site’s control over its system is different from control over the content uploaded by users. Op. at 28.
2. The presence of professional content in videos (without copyright notices) that are posted on video sharing sites do not necessarily create a “red flag” of infringing activity. Op. at 21-22.
3. Court completely rejects argument that Veoh should have prescreened every video finding that practically infeasible (and in any event it’s not required by DMCA). Op. 28
4. The court says that Veoh policed its system as presently architected, and that was reasonable enough under the DMCA. Op. 29 A lot of what Veoh did (e.g., hashing or fingerprinting technology) appears to be what YouTube is doing as well.
Esmee Denters says her 1st album is done, produced by Justin Timberlake
August 25, 2008I can’t wait. This will be a big moment for YouTube and the community.
Terra Naomi, “the drugs don’t work”
August 23, 2008Amazing, enchanting rendition by Terra Naomi. She is amazing.
Lessig on FCC’s ruling against Comcast for discriminating against BitTorrent users
August 20, 2008News: The FCC issued a very important ruling in favor of net neutrality and against Comcast. Comcast was basically sabotaging its users’ ability to use BitTorrent peer-to-peer applications, without even telling them. Larry Lessig has a nice blog post and also letter to the FCC.
If you read the FCC’s order, the FCC takes Comcast to task for repeatedly misrepresenting to the FCC the basic facts. As Lessig points out in his letter, that may be the most troubling aspect of the entire case.
Jackson Browne sues John McCain + Republicans for using his song without authorization
August 18, 2008News: Singer Jackson Browne filed a copyright infringement suit against John McCain, the Ohio Republican party, and Republican Party for using his song “Running on Empty” in a campaign video, but without permission from Browne. (More from Wired)
Analysis: I wish I could watch the video to hear how much music was taken. I’ll try to say more later. If I’m not mistaken, McCain ran into some earlier copyright troubles with FOX (if not others) and so did Barack Obama. But this is the first copyright lawsuit filed against a presidential candidate, perhaps ever.
Usain Bolt wins 100 meter in 9.69 seconds while showboating at finish
August 17, 2008Forget about Michael Phelps. This is the most incredible moment of the entire Olympics. It could have been 9.49 if Usain Bolt kept running instead of showboating before the finish line!!! I still can’t believe what I just saw. Too bad that NBC and the American media don’t give this guy more TV coverage because he’s Jamaican, not American, and happened to make his world record on the same night Phelps got gold medal No. 8. More
As 200 + 400 meter world record holder and former Olympic champion Michael Johnson said, “Michael Phelps? Michael who at this point? It’s all about Usain Bolt. And deservedly so.”:
More highlights:
Beijing Olympics photos from Day 1 + 2 + opening ceremony
August 12, 2008Day 2
Day 1
Opening ceremony
Video analysis of Jason Lezak’s amazing come-from-behind finish in 4×100 meter freestyle
August 12, 2008The most amazing swimming race ever.