Slashdot has an interesting article up regarding the Viacom vs. YouTube lawsuit.
On the one hand, Viacom's copyrighted content is showing up on YouTube. On the other hand, YouTube is complying with the DMCA law that puts the burden on the copyright holder to notify the host of copyrighted material.
So who's right? It's a very tricky situation.
YouTube videos are relatively low quality and the duration is strictly limited (I don't think you could upload a 20 minute video for instance).
But on the other hand, let's be realistic, how many people here are sick of seeing companies get rich on the "build a massive user base at any cost" business model? I know I am. Napster "pioneered" this technique by making a pretty obvious program that most developers (including us) had thought of but didn't make it because of the potential for copyright violations.
YouTube didn't become massivley popular because of people uploading home videos. They got popular because people uploaded snippets of TV shows and movies and grew from there. I don't know if "fair use" can be applied there.
And if YouTube wanted to stop copyrighted content from showing up, they could either moderate what is uploaded or have some in-between system such as moderate content that gets marked with a red flag when uploaded (like "Simpsons" being in the title) or do that combined with a user verification system (i.e. if you're a known user with a verified identity, your content gets less scrutiny).
Such techniques won't eliminate copyright violations -- we moderate and stuff gets passed us and there is probably plenty of things that are on the edge of "fair use" here. But they would at least show a reasonable effort.
My personal opinion is that YouTube does have some liability here. I think a reasonable jury would conclude that the reason YouTube became worth billions of dollars was because they turned a blind eye to copyright violation in order to build the massive user base they needed to become worth billions. It's easy to build a huge user base if you're giving away other people's stuff.
WinCustomize, being a skinning site -- distributing people's copyrighted material with permission -- can emphathize with YouTube's situation. Which is why I don't have a lot of sympathy for them. The idea of letting people upload videos to share is kind of a "well Duh" idea. The hard part is keeping pirated videos off. YouTube got rich by just looking the other way. Each day no WinCustomize, we reject dozens of entries because they blatantly violate copyright (and like I said, things slip by or things get marked as "fair use", we're aware of the "glass house" thing but at least we are trying here which puts us at an infinite disadvantage compared to sites that have no moderation at all).
What's your opinion?