I Don't Believe in Imaginary Property writes "Eric Goldman, an Associate Professor of Law at Santa Clara University School of Law, has an excellent analysis of the dueling summary judgment motions in Viacom v. YouTube. Basically, both sides have been trotting out the most damning things they can find and asking the judge to rule against the other party. Viacom is mad that Chad Hurley, one of YouTube's co-founders, lost his email archive and couldn't remember some old emails. Worse, YouTube founder Karim once uploaded infringing content. But then Google points out that only a very small percentage of the users are engaged in infringing activity (some 0.016% of all YouTube accounts have been deleted for infringement), one of the clips Viacom is suing over is only one second long (what about fair use?), and most of YouTube's content is non-infringing, including the campaign videos which all major US presidential candidates posted to YouTube." (More below.)"But the worst thing they found is that Viacom can't make up their mind. They spent $1M advertising on YouTube and tried to buy it. And even though they demanded that YouTube remove videos containing Viacom property on sight, Viacom had a complex internal policy authorizing some clips, including ones disguised as 'leaks' and put out by their marketers. Viacom was so conflicted internally that their very expensive lawyers couldn't figure out what Viacom had authorized to be uploaded even after doing extensive research as required by court rules, only to discover that some of the clips Viacom was suing over were ones Viacom uploaded themselves. The lawyers then had to go to court and drop those clips from their case — twice. They missed some the first time."
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