[Dabhand16]

Google must divulge YouTube log

Google must divulge the viewing habits of every user who has ever watched any video on YouTube, a US court has ruled.

The ruling comes as part of Google's legal battle with Viacom over allegations of copyright infringement.

Digital rights group the Electronic Frontier Foundation (EFF) called the ruling a "set-back to privacy rights".

The viewing log, which will be handed to Viacom, contains the log-in ID of users, the computer IP address (online identifier) and video clip details.

While the legal battle between the two firms is being contested in the US, it is thought the ruling will apply to YouTube users and their viewing habits everywhere.

Viacom, which owns MTV and Paramount Pictures, has alleged that YouTube is guilty of massive copyright infringement.

Legal action

When it initiated legal action in March 2007 the firm said it had identified about 160,000 unauthorised clips of its programmes on the website, which had been viewed more than 1.5 billion times.

Following the launch of its billion-dollar lawsuit, YouTube introduced filtering tools in an effort to prevent copyright materials from appearing on the site.

We urge Viacom to back off this overbroad request
Electronic Frontier Foundation

The US court declined Viacom's request that Google be forced to hand over the source code of YouTube, saying it was a "trade secret" that should not be disclosed.

But it said privacy concerns expressed by Google about handing over the log were "speculative".

The ruling will see the viewing habits of millions of YouTube users given to Viacom, totalling more than 12 terabytes of data.

Viacom said it wanted the data to "compare the attractiveness of allegedly infringing video with that of non-infringing videos."

'Erroneous ruling'

The EFF said: "The Court's erroneous ruling is a set-back to privacy rights, and will allow Viacom to see what you are watching on YouTube.

"We urge Viacom to back off this overbroad request and Google to take all steps necessary to challenge this order and protect the rights of its users."

The body said the ruling was also potentially unlawful because the log data did contain personally identifiable data.

The court also ruled that Google disclose to Viacom the details of all videos that have been removed from the site for any reason.

Source BBC

[silkstone]

I've just seen this on the Beeb site and you beat me to posting it.

It's a real can of worms, and an infringement of EU data protection law for them to disclose data about EU residents to a third party.

[LJR69]

Only if that data is in itself stored in the EU. If when one signs up to YouTube it states in the privacy agreement that the personal data is stored outside of the EU then it doesn't fall under the EU data protection laws. At least that's my understanding

[silkstone]

You may be right, but how would that apply to, for example, a UK-based company or organisation whose data was held on a US server?

[LJR69]

I honestly can only guess at that answer. I think the Data Protection Act can only be applied to personal data stored within the EU and that if you are being told when submitting your personal data that it will/may be stored outside of the EU then it falls outside to the EU's tighter restrictions. However - I'm guessing.

[j sotelo]

well thats going to bring youtube stock down and probably googles too.


I really think it's a classic U.S.A thing..you know , the, "I'm not making enough profit so how can I take from him 'cause he's making more than enough".

Viacom should be glad for those clips, I ask myself .. should Google slap them with an advertisement receipt... that would be funny.



Greed is the root of all evil.

[Steve]

But it all stems from copyright infringement. Google doesn't own the rights to show and serve these clips that are copyrighted and are making profit by doing so. Viacom is attempting to protect their rights and need to see real data as to the amount of views the said copyrighted material has had.

I can fully understand Viacom's stance on this, especially since google (via Youtube) has been give several chances to get their act together and remove the clips. If they had done that I would think there would be no case to argue and no need to provide logs. With that in mind I think Google are in the wrong but it could just be me being simplistic and naive.

[orangepeel]

Except for the fact that Google do remove stuff when asked. It's the British GP this weekend. Watch how long the podium ceremony (for example) is available on youtube before it's removed at the request of FOM.

To me it's a bit like suing a council because a crime happened on their streets.

I suspect Viacom are just too lazy, or don't want to spend money, to go hunting for their own ripped of content. While I can sympathise that it's a bit harsh for a content provider to also have to go looking for content thieves, until we have a unified internet police force (like NEVER!) then it's the world we live in.

[Steve]

I agree OP. It is definitely not a simple case and both sides should accept some responsibility. I don't know what a suitable solution would be, not just for this case as it stands but to prevent future issues as well.

[AQ]

The root problem is that copyright law was written in the time of the printed word. It just has not kept up with the internet and I do not see it ever doing so.

I guess that there is no good simple answer. Ever since the days of the tape recorder there has been piracy and there probably always will be. Still it keeps the lawyers in pocket.

[silkstone]

Like it or not, we're moving steadily towards Freeconomics which reverses the traditional business model of charging for 99% and giving away 1% free. For digital data - everything from software to videos - I don't see a future for companies that rely on copyright enforcement. They are dinosaurs and will soon be extinct.

[Steve]

If you extend that to photography though, were does it leave us and the copyright of our work?

[silkstone]

Up the creek without a whatsit, I'm afraid, but I don't see any other outco