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YouTube Hands Over User Info To Fox

Posted by ScuttleMonkey on Wed Feb 14, 2007 03:34 PM
from the their-tube dept.
An anonymous reader writes "Tech Crunch has an article about YouTube identifying and handing over a user's information after a request from Fox. 'Three weeks after receiving a subpoena from the U.S. District Court in Northern California, YouTube has reportedly identified a user accused by 20th Century Fox Television of uploading episodes of the show 24 a week prior to their running on television. That user, named ECOTtotal, is also alleged to have uploaded 12 episodes of The Simpsons, some quite old. Apparently Google and YouTube were willing and able to identify the owner of the username ECOTtotal, according to a report on InternetNews.com.'"
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  • Willing and able (Score:5, Insightful)

    by ShaunC (203807) * on Wednesday February 14 2007, @03:36PM (#18015992) Homepage
    "Apparently Google and YouTube were willing" ... to comply with a subpoena from a US District Court. I think most companies would do the same thing.
    • Re:Willing and able (Score:5, Informative)

      by paranode (671698) on Wednesday February 14 2007, @03:39PM (#18016020)
      Not only would they, they pretty much have to if they don't want law enforcement just coming in and confiscating all of their hardware.
    • by Chelloveck (14643) on Wednesday February 14 2007, @03:44PM (#18016106) Homepage

      Yeah, but "Google Complies With The Law" doesn't make as good a headline...

    • by IDontAgreeWithYou (829067) on Wednesday February 14 2007, @04:07PM (#18016382)
      This case is also different because the person put them on YouTube BEFORE they aired, so this is a bit more serious than just uploading the video. Non-Story.
      • by Dog-Cow (21281) on Wednesday February 14 2007, @04:06PM (#18016370)
        Outside of privacy-related websites, there are none that promise privacy. At best, they will claim not to give/sell your information to others (read: spammers), but to expect anyone to promise to disobey the law to protect identity is ludicrous.
      • by rossz (67331) <ogre@@@geekbiker...net> on Wednesday February 14 2007, @04:26PM (#18016674) Homepage Journal
        I disagree. I believe it's more in line with "Does the customer/user deserve us to go to bat for them to defend what they did?"

        In the case of Verizon, a big yes. In the case of YouTube, a big no.

        • Re: (Score:3, Interesting)

          I disagree. I believe it's more in line with "Does the customer/user deserve us to go to bat for them to defend what they did?"

          In the case of Verizon, a big yes. In the case of YouTube, a big no.


          That's pretty subjective. The RIAA wanted to know who was downloading free music (i.e. stealing) while fox wanted to know who was leaking copyrighted videos (i.e. stealing) How is it any different? Because one is google who can do no wrong, while the other is the big bad RIAA?
          • by rossz (67331) <ogre@@@geekbiker...net> on Wednesday February 14 2007, @04:59PM (#18017026) Homepage Journal
            The difference was the RIAA wants to go on random fishing expeditions, hoping to find "something". Sometimes they don't even bother with that and make random ass, more often wrong that right, guesses.

            In the case of Fox and YouTube, they were looking for the one person who uploaded very specific videos.
          • Re: (Score:3, Informative)

            And I disagree with that. RIAA went after people who were sharing files, for which there can be legitimate and not necessarily infringing use, using questionable legal tactics. Fox is going after someone in the inside who most definitely didn't have the right to distribute and who is causing serious damage, using perfectly legitimate legal means.

            I hate the **AA's as much as the next guy, but on this one, fine with me, I hope they get the guy....
  • by Anonymous Coward on Wednesday February 14 2007, @03:37PM (#18016004)
    If they were subpoenaed, they didn't have much choice. I hate the MPAA/RIAA/Studios as much as the next guy, but neither Fox or YouTube seem unrealistic here.
    • by Radon360 (951529) on Wednesday February 14 2007, @04:00PM (#18016310)

      Seems to me that the issue at hand is more of a precursor to all the RIAA/MPAA/copyright gobbledygook. This someone was posting shows before they aired. It would be akin to publishing a company's trade secrets before they went public with them (i.e. leaking insider information that would influence the company's stock price).

      Yes, the copyright stuff applies in whatever sense that it does, but if I were Fox, that would be taking a back seat to getting someone that was leaking "my" shows before they aired. Of course, once that someone were caught, "I" wouldn't be afraid to add copyright infringement to the list of charges.

      • Re: (Score:3, Insightful)

        This someone was posting shows before they aired. It would be akin to publishing a company's trade secrets before they went public with them

        And if they could get it equated to a trade secret, that would be a nice thing to nail them for.

        Yes, the copyright stuff applies in whatever sense that it does, but if I were Fox, that would be taking a back seat to getting someone that was leaking "my" shows before they aired.

        IANAL (obviously) but what laws are being broken here besides copyright infringement? I don

        • by Radon360 (951529) on Wednesday February 14 2007, @05:11PM (#18017160)

          This someone was posting shows before they aired. It would be akin to publishing a company's trade secrets before they went public with them
          And if they could get it equated to a trade secret, that would be a nice thing to nail them for.

          How about lost revenue due to reduced ad revenue, resulting from reduced viewership? If people know ahead of time what is going to happen in the next cliffhanger, they would be less apt to make arrangements to watch it. Draw a parallel to all the reality TV series for a moment. How interesting does the show series become when you know who is going to win in the last episode? Why do you think they sign the participants to "hush agreements" with stiff penalties? If people lose interest in a show, it becomes harder to demand higher ad revenue for placement during the show airtimes since the ratings would show that less people would be watching. (higher ratings = higher price commanded for ad airtime)

          IANAL (obviously) but what laws are being broken here besides copyright infringement?

          How about simple theft? The shows in question weren't broadcast or otherwise distributed to the general public in some fashion by Fox. If these shows were posted to YouTube after they aired, then copyright infringement would be pretty much all that Fox would have as legal ammunition. However, someone illegally removed (stole) these shows from one of the production facilities. What if I were to grab a copy of my company's quarterly results before they were published/publically released and spread them all over the internet? Obviously, there would be hell to pay. However, if I did the same thing after the company published its results, there really wouldn't be any harm that would come from it.

          • by drinkypoo (153816) <martin.espinoza@gmail.com> on Wednesday February 14 2007, @05:27PM (#18017322) Homepage Journal

            How about simple theft? The shows in question weren't broadcast or otherwise distributed to the general public in some fashion by Fox. If these shows were posted to YouTube after they aired, then copyright infringement would be pretty much all that Fox would have as legal ammunition. However, someone illegally removed (stole) these shows from one of the production facilities.

            Okay just STOP THERE. You do NOT know what you are talking about.

            Media is often distributed to certain individuals before it is aired on TV or released in theaters, as the case may be. Fox has not publicly made the assertion that he stole the discs. He MAY have done this, but there is NO reason to believe that it is the case. And to claim that someone stole the discs from a Fox production facility is just ignorant until Fox tells us that is true. Otherwise, it's safer to assume that someone had them for a legitimate reason, and either allowed them to make a copy, or they are "them" and uploaded it themselves. Telecine releases of movies are often made in the theater where the movie will be shown and most screeners you can download are made from screening copies intentionally distributed for review.

            Finally, someone who was in the production facility wouldn't necessarily need to actually take any discs anywhere. They might conceivably have copied them while onsite, one disc at a time (per visit?) with a computer on the site, or one they brought with them. This is almost more likely than stealing it, because stealing the masters or screening duplicates would be detected far more rapidly than copying them.

            What if I were to grab a copy of my company's quarterly results before they were published/publically released and spread them all over the internet? Obviously, there would be hell to pay.

            Yes, for dissemination of private information that does not belong to you. Guess what? It's still not called theft unless you physically remove them from the enterprise. You CAN steal a copy of data. You cannot steal the data without stealing all of the copies.

            However, if I did the same thing after the company published its results, there really wouldn't be any harm that would come from it.

            You could repost the figures, but copying and pasting the data in its entirety, including the presentation (formatting etc) would be a violation of copyright. The first part is because no one owns facts. The second part is because it's not your copyrighted information. Putting information on the web (or in a quarterly report) doesn't revoke its copyright.

            All you are doing is speculating wildly. I realize this is a favorite slashbot pastime, but give it up already. You don't know shit about what happened, and neither do the rest of us.

          • Re: (Score:3, Insightful)

            I don't know how the industry works, but as I understand it advertisers flip the whole bill and that's it. If they didn't loose any advertisers, then can they sue for monetary damages? Though I suppose they if they could prove loss of market share they would have something.

            Well, here in the real world, they probably don't have to prove anything, just make the assertion. I mean, it works for the RIAA and MPAA.

            It's true that advertisers buy in advance. But all they have to do is show (or bullshit) that

  • by hackstraw (262471) * on Wednesday February 14 2007, @03:38PM (#18016010) Homepage

    OK, I post a youtube video of the goatse guy in action.

    I guess this dissapears? Haven't tried.

    OK, I post simpsons video, and the copyright owner says, stop it, and the video stays up (or down??) and then the user who submitted gets turned over to be turned into the goatse guy?

    My point, is why can come content just dissapear w/o a problem, but the other is then escalated into a problem?

    • Re: (Score:3, Insightful)

      There's a difference between the problems of showing a disgusting video that isn't protected by copyright, and a funny one that is protected by copyright.

      The difference is the copyright.

      And of course the remedy is different: deleting vs penalties for the unauthorized copies.
    • Re: (Score:3, Insightful)

      This guy was uploading content before it was televised. That's why Fox is going so heavy on him.
  • by pembo13 (770295) on Wednesday February 14 2007, @03:39PM (#18016030) Homepage
    Fox shows aren't important enough to be uploaded. The funny ones will air on other channels.
  • Why YouTube? (Score:3, Insightful)

    by 15Bit (940730) on Wednesday February 14 2007, @03:42PM (#18016060)
    Of all the places you *could* post an illegal copy of a copyrighted TV program, why YouTube? It's pretty much guaranteed you're going to get caught.

    Stupidity sometimes gets what it deserves...

  • by msauve (701917) on Wednesday February 14 2007, @03:42PM (#18016076)
    Providing information in response to a court subpeona is very different than doing so "after a request from Fox."
  • by SuperKendall (25149) on Wednesday February 14 2007, @03:43PM (#18016088)
    People like to say all the time that downloading movies is not theft; it's copyright infringement. And that is true.

    However in this case it is truly theft, because the 24 video was never in the public to "copy". This was outright theft of what is basically confidential data.
    • Re: (Score:3, Insightful)

      People like to say all the time that downloading movies is not theft; it's copyright infringement. And that is true.

      However in this case it is truly theft, because the 24 video was never in the public to "copy". This was outright theft of what is basically confidential data.

      Your second paragraph shows that you do not understand your first.

      It's not theft because nobody has ceased to possess anything. Whether what was being copied was supposed to be secret or not is irrelevant.

      • by SydShamino (547793) on Wednesday February 14 2007, @04:18PM (#18016538)
        No, in this case you are wrong. Until the information has been made public, it could be claimed (and a jury would likely agree) that the material is a Fox trade secret. It contains plot twists and other elements that are confidential until their air date, so that their impact has not been diluted by pre-emptive copies. Imagine if a writer for a soap opera saw a plot twist on a pre-release version of 24, then wrote that same twist into his or her soap to air before the 24 air date.

        Federal law does prohibit stealing of trade secrets, and it is classified as "theft". See for example the recent conviction of a Coca-Cola ex-secretary, who attempted to sell formula information to Pepsi-Cola. Copying the data and providing it to Pepsi did not cause Coke to lose possession of their formula, but it did potentially deprive them of a trade secret.

        Before you respond, please read through and understand Title 18, United States Code, Section 1832(a)(1-3).
    • However in this case it is truly theft, because the 24 video was never in the public to "copy". This was outright theft of what is basically confidential data.

      That may depend on whether or not you consider an unencrypted satellite uplink transmission "in the public". First-run syndicated programming is often like this. Hell, I saw the first episode of Viper on my cable, without commercials, well before its premiere and well before I'd even heard of the show. I've even seen rough storyboarded commercials
  • Got ta say..... (Score:5, Insightful)

    by edwardpickman (965122) on Wednesday February 14 2007, @03:43PM (#18016090)
    This is an obvious case of thieft and they have every right to plug the leak at their end. Posting episodes before they air has to be coming from their end so they have the right to locate and fire/prosecute the source. It has nothing to do with fair use it has to do with protecting their work. Advertisers can potentially cut funding and kill the series if they don't defend it. Youtube really has no choice since they'd be protecting the thief. Supporting the people involved harms those supporting fair use since it appears they are supporting outright thieft. A line has to be drawn and they crossed it in this case.
      • Re: (Score:3, Insightful)

        If I understand the situation in this case, it was not copyright infringement, it was a theft. The point is that the show was not released yet. If you break into my house and steal a manuscript of a book that I am writing, its a theft. Even if you just make a copy a leave the original manuscript behind.

        At the moment I publish the book, the situation changes. After that, if you make unauthorized copies, it is merely a copyright infringement, and only if the copies you make are not covered by fair use.
  • by xxxJonBoyxxx (565205) on Wednesday February 14 2007, @03:46PM (#18016126)

    Apparently Google and YouTube were willing and able to identify the owner of the username ECOTtotal...


    How/why would Google/YouTube have personally identifying information about a user anyway? (Or was the user stupid enough to not anonymize himself before trying this?)

    I'll bet this turns out to be the cousin/friend/lover of a TV critic; they have access to advance copies that aren't supposed to get spread around. (Yes, it's happened before.) Something tells me the average Fox employee isn't bright enough to fire up his/her own browser.
  • by CompMD (522020) on Wednesday February 14 2007, @04:04PM (#18016352)
    ...on the Internet can lead to very bad or unexpected things for you or those around you. Just this week someone "anonymously" posting on a local newspaper online forum caused a mistrial [ljworld.com] in a multiple first degree murder and aggravated arson case where I live.
    • by MrWa (144753) on Wednesday February 14 2007, @05:18PM (#18017238) Homepage
      Your summary of the stories seems to imply that the anonymous posting caused the mistrial, which is not quite accurate. The discovery of a new witness for the prosecution during the trial itself was the reason for the mistrial - the anonymous posting was just the means by which this witness was discovered. It would make as much sense as blaming coffee shops for the mistrial if the witness was found drinking a latte that morning.

      Mistrials in cases where a new witness surfaces late in the trial process are not unusual, District Judge Robert Fairchild said, especially when the testimony presented would affect the case considerably.

      A mistrial is simply a do over, to allow the defense to prepare based on the new material available to the prosecution. This prevents the highly dramatic, yet complete fantasy, occurrence of the prosecution discovering a key witness or piece of evidence and unveiling it during the final moments of the trial, catching the defense totally off-guard, leading to a swift conviction.

  • by MindStalker (22827) <jlarsen&fsu,edu> on Wednesday February 14 2007, @04:48PM (#18016920) Journal
    Everyone seems to ignore the fact that he was releasing the episodes weeks before broadcast. Meaning he wasn't just breaking copyright, but trade secret and probably contract requirements as well.
    • by jmorris42 (1458) * <jmorrisNO@SPAMbeau.org> on Wednesday February 14 2007, @03:48PM (#18016154) Homepage
      > This is a company whose founders contribute very little back of their wealth to charitable causes
      > and instead choose to spend it on 747's with waterbeds and other such items.

      Sounds like they gave something back then, bet they made friends at Boeing at any rate and kept a few ordinary workers gainfully employed.

      Getting involved in charities is something rich industrialists should NOT do until they retire from day to day operations, until then they are performing a far greater service to society by PRODUCING WEALTH. After they tire of working eighty hour weeks creating wealth and start feeling their mortality is the time to use their share of the wealth they created to leave monuments to themselves. And I'm good with that too, after all ya can't take it with you and leaving craploads of cash to your offspring is an almost sure fire way to destroy em.
      • by GreyPoopon (411036) <gpoopon@gmail. c o m> on Wednesday February 14 2007, @03:52PM (#18016224)

        If this guy was smart, he'd have uploaded this stuff from an open access point anyway (either an unsecured AP locally, or free public wireless).
        Ah, but given the fact that he uploaded episodes of 24 _before_ they aired, the list of suspects is already narrowed significantly. Searching for someone who would have had access to the material prior to the air date and lives near the unsecured AP or free public wireless network will provide a workable list for law enforcement. Unless this turkey is working as an anonymous team member with somebody else (IE, there's no relationship between where the media was acquired and where it was uploaded), he will almost certainly get caught.
        • aye... and if the guy had an unprotected wireless router? What then?

          Law enforcement looks for people living or working near the unsecured router and that either would have had access to the media prior to airtime, or have established relationships with people that would have had access. If the FBI gets involved, I guarantee they'll at least figure out who the guy is before they lose the laptop with all the details of the case.
    • Re:Google (Score:5, Insightful)

      by krotkruton (967718) on Wednesday February 14 2007, @04:04PM (#18016354)
      RRRRRight. So let's say you see a guy get robbed in the street and can identify the robber. The police find out you witnessed the robbery and subpeona you to appear as a witness. Are you evil for giving up the identity of the robber?

      I could be wrong, but I'm pretty sure that whoever uploaded this video early was breaking some law or another. How is it evil to turn him in, especially if your it states in your privacy policy that you will comply with law enforcement? If they had refused to hand over the information, we'd probably be getting people complaining about how Google is aiding and concealing criminals.

      A sarcastic "Don't be evil" is not an insightful (much less thoughtful, intelligent, or unique) response to every single action Google takes for the rest of eternity.
      • Re:Google (Score:4, Insightful)

        by MightyYar (622222) on Wednesday February 14 2007, @04:11PM (#18016438)
        I agree with you that Google should definitely have handed over information in response to a court order, and that the parent's sarcastic "Don't be evil" comment was not insightful.

        But you don't really think that copyright infringement and mugging share a common moral space, do you? Death penalty for speeders while we're at it?
        • Re:Google (Score:4, Insightful)

          by Xanius (955737) on Wednesday February 14 2007, @04:57PM (#18017016)
          For me the thing isn't that he posted episodes of the simpsons, I think it was more related to posting episodes of 24 before the air date. Which is afaik illegal because it can be argued that the company literally lost money due to people not watching the episode at air time, causing a loss in commercial revenue.
          • Re:Google (Score:4, Insightful)

            by aonaran (15651) on Thursday February 15 2007, @09:23AM (#18023028) Homepage
            More to the point, if he had access to the episodes BEFORE they were aired, that means one of 2 things, a) he has an old Ku/C band satellite dish and just taped it (possible) or b) he or someone he knows physically stole something from FOX ...which in my opinion would be far more of an offense than mere copyright infringement.

            • by tompaulco (629533) on Wednesday February 14 2007, @05:59PM (#18017674) Homepage Journal
              Well, I don't consider it "mugging" that some record company exec wants to charge me $20 for a CD. I don't feel entitled to have it for less than that. It may be worth less than that to me, but in that case, unless I can find it used for the price I am willing to pay, I just don't get the CD. I am not going to call the corporate execs "muggers" and go download it for free off of a P2P site. CDs are fairly cheap to produce and distribute, but when I look at software, I definitely believe that the fact that some people steal software raises the cost of said software for people like me who buy it legally. It is not the execs at software companies that are ripping me off, but people who decide they are entitled to the software, but do not wish to pay the price set by the company.
              In the U.S., we have the right to the pursuit of happiness. This means we can chase our dreams, it does not mean we are entitled to obtaining our dreams. We do not have a right to CDs or software at whatever price we decide. If you can't afford it, do without it. I can't afford a new car. That doesn't mean I should go steal one because no one will sell me a new car at the price I wish to pay. It means I have to do without or change what I am willing to pay.
              People who steal, be it software, CDs, cars, or personal possessions raise the cost of living for those of us who abide by the law. I have had bikes stolen out of my yard. Perhaps I should have chained them up, right? Well, that is an extra expense that I have to pay because other people choose not to obey the law or respect ownership rights. Perhaps I could not afford both a bike and a chain. Now, the criminal has a bike, and I have none because I can't afford to buy one and stealing someone else's would be illegal and morally wrong.
              One of the shopkeepers I do business with was murdered in his store for a few hundred dollars in cash. His family had to invest in video cameras, pay his hospital and funeral expenses, and will have to pay for their share of the incarceration of the guy who was, thankfully, caught.
              These are extreme examples, but they illustrate the point. People who choose to disobey the law, whether it be murder, or uploading copyrighted material, cause material damage to those of us who choose to obey the law.
      • Re: (Score:3, Insightful)

        I could be wrong, but I'm pretty sure that whoever uploaded this video early was breaking some law or another. How is it evil to turn him in, especially if your it states in your privacy policy that you will comply with law enforcement?

        I'm not claiming that Google did anything wrong - I don't think they did - but I could make an argument for it.

        The argument goes like this: Copyright is an evil institution that punishes creativity by making it possible for the major media conglomerates to operate. Thus vio

          • Re:OT (Score:5, Insightful)

            by McFadden (809368) on Wednesday February 14 2007, @06:07PM (#18017762) Homepage

            Enlighten me?
            The first post had the phrase "There's no place like 127.0.0.1" in his signature sparking the usual slashdot tradition of debating anything except the actual featured article.
          • Re:OT (Score:4, Informative)

            by paulthomas (685756) on Wednesday February 14 2007, @07:20PM (#18018502) Journal
            Another comment addresses why this is even being discussed. You're right that 127.0.0.1 is localhost. You're wrong about it being called the "http callback interface." Its the "loopback interface" and has little to do with http, other than the fact that you can reach locally run http services over it.
    • The episodes were probably rips of the season premiere DVD that leaked before it aired (and were probably already on bit torrent and the newsgroups long before they were uploaded to YouTube). Why isn't FOX trying to go after the original hole on their end with this much effort?

      If that's so:

      - They still have to go after the actual posters. Publishing it widely is far more of an issue than merely getting hold of a copy and watching it or showing it to a few friends.

      - Going after the poster ma