Be Cautious in Finding the Right Balance

Looking at the YouTube case from the perspective of an IP law student, I can understand many of the issues raised by Viacom against YouTube. It is understandable that copyright owners would want to protect their rights and efforts—especially when the owners are large corporations with vast repositories of copyrighted works. This subsequently, as Ms. Trim pointed out, may be part of their business model. However, small or relatively small authors may also wish to protect their works. It cannot be denied that the forum created by YouTube allows for authors with limited resources to easily present their work to the masses. So as Mr. Lee identifies, the right balance must be struck.

As a consumer and someone who appreciates technology and innovation, I can’t help but look at the whole picture. By “whole picture” I mean objectively looking at technology and the Internet—where it has been—and where it is going. Though personally, I believe the filtering technology introduced by Google may not be the best or optimum approach, I applaud Google’s first step toward addressing the situation (perhaps with some naiveté), while at the same time evolving technology a step further. I believe each party in this case has rights it must and should assert. However, all parties, not leaving out the courts and legislature, must be cautious in making sure the right balance is struck. This may entail protecting both sides of the suit, the technology, and the future of the technology. As many of my classmates have directly and indirectly pointed out, and what has occurred with countless other technologies created throughout history—the fear it creates—is not always the reality it achieves.