google to buy youtube - a match in copyright heaven?
So, Google is buying YouTube for US$1.65B.
YouTube will probably find comfort in Google's enveloping arms, providing a shield of sorts against potentially fatal copyright infringement suits. Google may have better technology to locate infringing material, or deeper pockets to defend claims, or both.
Google doesn't seem to think that the copyright infringemnet suits will be damaging:
“The two parties brushed off concerns over copyright issues, saying both
companies worked with the safe harbor provisions of the DMCA (Digital
Millenium Copyright Act) and were responsive to content owners' concerns.” Google Watch.
Of course, both companies recently brokered deals with major record labels. Google with Sony BMG and Warner Music, and YouTube with Sony and Universal. These deals, which provide for advertising supported music video distribution and the filtering of infringing content, will likely provide not only an interesting business model for video distribution, but also security against potential suits. They're also great steps forwards for the record labels - instead of suing fans and publishers for sharing what is essentially advertising for bands, advertising revenue generating hyperdistribution seems like a good idea.
Last week at the AoIR conference, Damien O'Brien (a colleague here at QUT) gave a presentation which outlined why he thought YouTube would fairly readily be found liable for copyright infringement under Australian law. This is going to be interesting to watch to see how Google fulfils its objectives of providing high quality user-focused services, while at the same time ensuring that it does not expose itself to liability (i.e., keeping the labels happy). Hopefully we'll see user sharing and innovation increase, and won't feel the guiding hand of industry in our interactions. What a shame it would be if lip-syncs were quality controlled to fit the band's image, or if fair -use / -dealing decisions were made by agents of the labels, or only 'safe' play with media is permissible. With the marketshare of YouTube and the sheer power of Google, their decisions are going to have a very significant effect on the way people interact with video media in the near future.
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