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March 24, 2007


Cynthia Brumfield


You're dead on when you say that the venue for Viacom's piece (The Washington Post) was strategically chosen.

But to clarify, I'm not chiding Viacom for failing to get their views out in the court of public opinion sooner. The opposite: I'm suggesting that they didn't make their case well enough in the court of law to begin with. If their initial legal complaint had more specificity about the DMCA and how it doesn't apply to Google, they might have had a stronger legal case going-in.

Their initial legal complaint was very mushy - maybe intentionally so as a matter of litigation strategy.

Now they seem to be making a stronger case, but in the court of public opinion.

Sean Garrett

Thanks, Cynthia. The clarification is much appreciated. If anything, all these questions over what the DMCA is or isn't or how opaque or specific one should be in discussing it, only suggests that "V v. G" is only the first front in a long battle. And, this isn't lost on the principle participants.

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Heh, I heard this rumour a few mohtns ago too. As far as I know, there's no chance of a takeover in the near future. Not from Viacom at least, but probably not from anyone.


My bet is that this can't be resolved bascuee its just too hard of a problem. Unlike music, with video there are so many content owners and rights are shared and split in so many complicated ways, it would be very difficult for viacom to make a blanket deal bascuee they still owe their partners who often own shares of or points in a property. This means that YouTube will have to become much more involved in what gets posted, whether they have the right to show it, and who to report it too. This is a massive undertaking that cannot be totally automated. I still believe some massive lawsuits that Google cant win, are in the offing.

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