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YouTube Alleges Secret Uploads By Viacom



19 March, 2010
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It is becoming a case of tit for tat. Media giant Viacom has been accused by YouTube that they uploads video content on the site secretly and then come out saying that Google is infringing on Copy right laws by uploading copyrighted videos on the YouTube.

It may be noticed that YouTube is owned by Google. YouTube authorities have further accused that Viacom deliberately "roughed up" the uploaded video so that it is made to look like a stolen one.

This fresh accusation comes on the back of a $1bn suit by Viacom which alleged YouTube for "massive intentional copyright infringement". In the law suit Viacom has identified about 150,000 illegal infringements by You Tube.

"For years, Viacom continuously and secretly uploaded its content to YouTube, even while publicly complaining about its presence there," said Zahavah Levine, YouTube's chief counsel wrote in a blog post.

"It hired no fewer than 18 different marketing agencies to upload its content to the site. It deliberately 'roughed up' the videos to make them look stolen or leaked.

"It opened YouTube accounts using phony email addresses. It even sent employees to Kinko's to upload clips from computers that couldn't be traced to Viacom."

The above mentioned law suit was filed by Viacom in 2007 and it claims that YouTube allowed illegal copies to be posted of popular TV shows and movies from the Viacom Network on its website. Which Viacom claims was used to popularize the website. 
Clips from shows like South Park, SpongeBob SquarePants and MTV Unplugged were illegally included on the website.

YouTube countered that it was covered by Digital Millennium Copyright Act, which states that You Tube in itself is not responsible things that has been posted by its users.
However, the law states that if the owner approves of uploading the video content then there is no problem. Keeping that in mind, You Tube stated that it had downloaded some videos only on Viacom’s request. But Viacom is adamant that You Tube did not get prior permission and infringed with the copyright laws deliberately.

However, there is more than what meets the eye. The court has decided to quote an e-mail message sent on 19th June 2005 by YouTube co-founder Steve Chen to his compatriots and fellow mates Chad Hurley and Jawed Karim. It states.

"Jawed please stop putting stolen videos on the site. We're going to have a tough time defending the fact that we're not liable for the copyrighted material on the site because we didn't put it up when one of the co-founders is blatantly stealing content from other sites and trying to get everyone to see it," said the e-mail.
 
There is more to it. Another e-mail from Mr. Chen to his staff during the early days of the company states that the company "should concentrate all our efforts in building up our numbers as aggressively as we can through whatever tactics, however evil".
When YouTube was up for sale Viacom did consider buying it. It was meant to be a "transformative acquisition" for Viacom. However, they were beaten at the post by Google, buying the site for $1.65bn.

This whole episode reminds us of any movie flick or a TV opera as bloggers and journalists are penning down their views on this whole issue.

This case is expected to be finished by the month of June as US District Judge Louis Stanton has issued a date of April 30 to negotiate as well as file in arguments against each other.
 


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