mrsamct
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Joined: 06 Aug 2011
Posts: 207
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 Posted: Mon Sep 19, 2011 7:20 am Post subject: File-Sharing Redux: The Battle Continues and the Battlefield |
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Read The New York Times, turn on CNBC, or open your browser to Google News. You’ll see that file-sharing is the biggest challenge to the 1999 Digital Millennium Copyright Act (DMCA) and one of the most important stories facing the media industry in 2007.
The process of sharing files between networked computers has been around in academic circles for a couple of decades but, when a 19-year old undergraduate invented Napster in 1999, he provided the tool to facilitate free transfer of MP3 formatted music between personal computers anywhere in the world.
Literally overnight, individuals and corporations owning music copyrights confronted a daunting new reality. The Recording Industry Association of America (RIAA), which represents five major record labels and many smaller labels, launched a series of high-profile lawsuits based on the DMCA. While these actions led to the demise of Napster, to this day RIAA continues its crusade against Napster clones in the courts.
Digitally, where music goes, movies will follow. In 2005, YouTube, a free video-sharing website allowing users to upload, view, and share video clips, was born. Content includes movie and television clips as well as music videos. Google was so smitten it plunked down $1.76 billion in stock to acquire the company.
Now the legal circus and media sideshow that lawyers, analysts, and pundits predicted five months ago is center stage. Many other “traditional media” giants (such as NBC Universal and News Corp.) that own lots of content, and therefore have major concerns about YouTube, were lining up to fight.
It was Viacom that took the first swing with a billion-dollar lawsuit, charging YouTube with copyright violation “on a massive scale.” At issue are 160,000 unauthorized clips of Viacom-owned shows like “SpongeBob SquarePants” and “MTV Unplugged.”
Google/YouTube is seeking refuge in the “safe harbor” provision of the DMCA, which exempts anybody who removes copyrighted content as soon as the owner requests it. Timing is a second issue, since DMCA became law in 1998, the year Google was founded but YouTube did not even exist.
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