Monday, January 28, 2008

Who would be a winner in this case?

I posted my opinion in the morning; however, the blog does not seem to accept my opinion!! Thus, I posted again.

I think Viacom definetly knew that the chances of success in this case are not so high due to the Safe Harbor Provision in DMCA when they started this lawsuit; however, they decided to sue Google... Why?

In my opinion, regardless of the results of this case, Viacom would be a winner; This is because that (1) through this lawsuit, they sucessfully made the internet users recognized how much Viacom's copyrighted works have been infringed (1.5 billion times) and how much damages have been incurred (1 billion dollars) by intense press releases, whether such figures are true or not; (2) through this lawsuit, Viacom seems to send very strong cease and desist letters to the third parties who operate UCC - they would give more attention when they uproad the contents; (3) after this lawsuit were brought, Google has strengthen their efforts to filter the copyright infringed materials; (4) Viacom would stand in better position when they negotiate with Google as to using Viacom's copyrighted contents; (5) finally, even if they lose in this case, based the decision of the court, they may push the congress to pass the bill which amend the Safe Harbor Provision to more favorable for contents generators;

In a nutshell, Viacom will be a loser in a court; however, they will be a winner out of the court.

1 comment:

Samiái said...

That may not be correct,because this law suit might turn out to be a PR disaster for Viacom.We the peiple who are enjoying the innovation of the digital age as represented by Youtube will soon turn against viacom.If the majority of visit on You tube is a testimony of its popularity or followeship,then soon the wrath of the people will be on VIACOM...so viacom watch out...We the people...