Viacom Sues Google

You probably know that the media giant Viacom recently sued the internet giant Google over Viacom content which appears on YouTube.  People who watch big companies like these have been saying that as soon as YouTube got purchased, the lawsuits would come.  Mostly because YouTube didn't have a lot of money, so suing them for damages wouldn't net much.

Now that YouTube is owned by Google, there's money to be had, and so now a company isn't limited to seeking injunctions so their content can't be shown on YouTube, now they can seek damages--quite a bit of damages actually.  Viacom claims Google owes it 1 billion dollars, which is pretty hefty.

Google for its part has been trying to negotiate with Viacom, to work out some sort of deal where Viacom content can be shown on YouTube.  The lawsuit may just be another way that Viacom is choosing to negotiate, so it may never actually go to court.

Viacom seems less interested in allowing YouTube to show Viacom content, and more interested in having all of its content taken off YouTube.  The sticking point, from what I've heard, has been the filtering of any future Viacom content from YouTube.  In order to prevent any more Colbert or South Park or whatever from appearing on YouTube, people would need to actively view every posted video and delete content owned by Viacom (which is a pretty wide variety of stuff).

Google has basically said "when you want something taken down, just send us a list and we'll take it down."  But that isn't good enough for Viacom, and they want Google to actively filter the material.  To which Google has indicated for that kind of service they would need some sort of compensation.  Of course Viacom is not going to pay Google to take down content which belongs to Viacom in the first place!

The complexity of such filtering, while perhaps not immediately appreciated by Viacom, is certainly appreciated now.  MoveOn.org and a number of other groups have sued Viacom for asking Google to remove videos which were not Viacom content, but parodies of Viacom content and therefore protected under fair use.  You see, it's not as simple as searching for "Colbert" and printing a list.  Duh.

All that aside, I think Viacom has a good case against Google.  The content really does belong to Viacom, and it is copyrighted.  The "we can't control what our users do" argument didn't work for Napster and I wouldn't expect it to work here, even though the content here is partial clips instead of entire songs.  The hope therefore is that Viacom will instead work out a deal with Google so that the case doesn't go to court.

In many ways it is good for a company to have clips of it's content appear on YouTube.  For example, I was never a big Family Guy watcher.  But after laughing my ass off to some clips on YouTube, I went out and bought the first season of Family Guy on DVD, and now I own seasons 1-4 on DVD.  The YouTube clips made the owners of Family Guy some money in my case.  It's really a form of free advertising, and some companies have embraced that.

Ultimately if the case goes to court, I expect Viacom will win, and YouTube will have to change dramatically.  I hope that doesn't happen.

Carol Burnett Sues "Family Guy" Creators

In one of the recent seasons of family guy there is an 18-second clip featuring Carol Burnett's famous cleaning-lady character mopping up the floor of a pornography shop.  Ms. Burnett has responded to this parody of her character by suing the creators of Family Guy for copyright infringement, and is seeking 2 million dollars in damages.

When I was a kid, I loved the Carol Burnett show.  I watched it all the time (even in reruns) with my family and laughed myself silly.  What I find odd is that many times the show included parodies of movies, TV shows, or novels.  So clearly, Ms. Burnett understands the use of parody, particularly in comedy.  One would think that to see her trademark character remembered after all these years would be flattering.

Guess not.

There's no way she is going to win.  It's obviously parody and is protected.  I can't see how she would not know this and so I'm assuming she just needs the money and is hoping for some sort of settlement.  It's depressing really, because I've always liked Carol Burnett.