YouTube Ordered to Turn Over All User Records to Viacom
by , 10:55 AM EDT, July 3rd, 2008
YouTube users may have lost some of their privacy now that a judge has ordered its parent company Google to surrender every YouTube user's name, IP address and viewing history to Viacom. The order was issued on Wednesday at Viacom's request as part of the company's lawsuit against YouTube for copyright infringement, according to Wired.
Viacom alleged in its lawsuit that Google is responsible for allowing clips of copyright protected videos on the YouTube Web site. The company is asking for more than US$1 billion in damages.
The broadcaster is hoping that by getting its hands on YouTube's detailed records, it can show that copyright-infringing content is more popular than user-created content. Viacom plans to use the data it collects to show that Google has a higher level of liability for the copyright-protected content that appears on YouTube.
Google claims that it and YouTube are protected by a "safe harbor" law for online services because YouTube complies with copyright takedown notices.
For Viacom, however, that's not good enough. The broadcaster plans to sift through every personal record from YouTube, regardless of whether or not a user viewed Viacom owned content, and use that data as it sees fit in its case. The company also won a request that will force YouTube to provide a copy of every video it has ever pulled from the site even if those videos do not relate to Viacom.
The judge's ruling raised red flags for individuals and organizations concerned with privacy rights, and the Electronic Frontier Foundation has already responded to say that the court order is a clear violation of the Video Privacy Protection Act and "threatens to expose deeply private information." Google also requested that the requests be denied to protect user privacy.
The court disagreed with Google and the public, and called Google's argument that turning over so much information would be a violation of user privacy "speculative."
While the orders look like a landslide win for Viacom and a big loss for user privacy, the court did deny at least a few of Viacom's requests. Motions to force Google to turn over YouTube's source code, it's own advertising database schema, and copies of all videos tagged as private were denied.
What Viacom does with the massive amounts of personal information Google is required to now surrender is one concern. Another is how that will data be protected once it changes hands. Considering Viacom's goals, the likelihood that all of the private user data it obtains from YouTube will stay private seems slim.
Let me get this straight. Google is going to turn over my IP address, and a list of every YouTube video I've ever watched, and Viacom is able to use this information however it wishes, and it's "speculative" that this violates my user privacy? Oh come on, how is there any question that this is violation of privacy?
The case was heard in the United States District Court, Southern District of New York. Fortunately, there's room to appeal. I hope Google choses to do so.
Is Viacom retarted? Looks like they want to garner as much goodwill as the recording companies have with their behavior. A changing marketplace is a bitch. Start competing, stop suing!
It won't matter if there is a appeal.
Viacom will have the data. Even if they are ordered to 'return' the information they can / will make a copy and no one will be able to prove that Viacom is using it. Sorry YouTubers but Big-Brother-Viacom is watching you now.
When Viacom Loses, and it will, I believe I still have rights, Viacom should be forced to pay all legal fees, all lost wages, and lost profits, from the people this lidigation touches.
Google has for years resisted calls to delete IP addresses, etc. Rather they been busy developing software which depends on all kinds of tracking devices. Well the chicken came home to roost. I hope now that people will realize that very possibly, since Google is too big of a Trojan horse to listen to rational voices of concerns for privacy... that people can organize themselves and find someway to demand that Google begin immediately to NOT keep IP addresses, etc. BE WARNED: where there is this Viacom ruling there are many others. Scoff at such a warning. But mark my words. And act collectively to call Google to task. Our private data must no longer be kept. This must become a 'norm' if not a law.
Who cares? Google doesn't use the records for evil, neither will Viacom. So they now know I watched the Numa Numa guy, big deal. There are WAY too many records and WAY too many dynamic IP adresses for them to have any concrete personal data.
Viacom has just lost all the money i would ever give to them, if it says viacom on it from here on out, I will not buy it, or even view it for that matter.
If I think this way, there will be many others. Viacom has just lost MANY of its consumers...
If you really want to protest against Viacom then do so with the dollars you spend by boycotting their products. Goto http://www.viacom.com/ourbrands/brandindex/Pages/default.aspx
for a listing of their marketplace products and start doing instead of complaining.
I can't believe any judge would fall for this tactic from Viacom. It has nothing to do with the "popularity" of copyrighted material. I has everything to do with threatening people much the same way the recording industry has been threatening people.
Viacom could easily determine the popularity of any copyrighted material without knowing an individuals IP address. I'm sure there is a simple data base that shows which material has been viewed the most and which hasn't.
Your correct, what a joke this judge is. I hope google fights this on our behalf and if not then I agree with another poster who said class action lawsuit. What is going on in this country? First FISA, now this....
Guest wrote: Who cares? Google doesn't use the records for evil, neither will Viacom. So they now know I watched the Numa Numa guy, big deal. There are WAY too many records and WAY too many dynamic IP adresses for them to have any concrete personal data.
Wow, it is because of people like you that we are loosing our rights in America. Not only that but they won't do anything evil? Do recall the single mother of 2 that just got slapped with a 200,000 dollar fine for having a file share open with copyright media in it? Viacom does not care about you or being evil my friend, they just want your money.
First off, I agree that what Viacom is trying to do violates people's privacy. However, one should consider that EVERYTHING you do over the internet can potentially be made public. The only way to truly keep something private is to keep it to yourself. And even that protection will fall as the ability to read minds is already coming to reality. www.guardian.co.uk/science/2008/may/30/mindread
Perhaps Google should cross-file against ViaCom for the value of the uncompensated advertising of their products which resulted from the showing of any short clips...which probably could be construed to be in the nature of "reviews" of the movie in question, like "At the Movies".
To the CEO of Viacom: "All of MY content on YOU TUBE I shot with my Camcorder" IT IS MINE! Boycott Viacom!
So how much $$$$ did the judge get? Viacom should go after only those who violate their copyrighted material. Is Viacom going to provide this information to others ? I think they might.And they will find a way to make $$$ on it.
If everybody were to go right now and author some nothing video and title it, "F@&* Viacom" it would get their attention. They're going to be viewing all this personal information anyway, so why not put a lot of material out there that will get under their skin?
Guest wrote: Who cares? Google doesn't use the records for evil, neither will Viacom. So they now know I watched the Numa Numa guy, big deal. There are WAY too many records and WAY too many dynamic IP adresses for them to have any concrete personal data.
If they have the IP and time you watched the vid they can get your name, address, phone number, etc. all from your ISP. Your internet provider keeps a record of who has what IP address and when they had it. Thats how the RIAA has been going after its cases. Bet your a$$ they will be trying to sue every user they can.
ViaCom's advertising revenue is declining and their stock is falling like a rock.
Getting their hands on YouTube database (good thing they couldn't get the source code and Ad schema) will help them to determine what people are watching the most, and use this information to increase relavent content in their TV channels, thus hopefully driving viewers count and Ad revenue up.
I hope Google appeals courts decision. Better yet, tie the case in courts for at least couple of years, until the issue becomes irrelevant.
Jesus H. Christ. Would someone drag this pinhead (and obviously paid-off) judge out to the street and stand on his testicles (or tits) until he/she rescinds this order?!?!?
Jesus H. Christ. Would someone drag this pinhead (and obviously paid-off) judge out to the street and stand on his testicles (or tits) until he/she rescinds this order?!?!?
Guest wrote: It won't matter if there is a appeal.
Viacom will have the data. Even if they are ordered to 'return' the information they can / will make a copy and no one will be able to prove that Viacom is using it. Sorry YouTubers but Big-Brother-Viacom is watching you now.
Of course it matters if there's an appeal. While the case is being appealed, Google wouldn't have to turn over the information.
If you didn't stop using Google when they sold out the chinese people then you're soft in the head. Google "do what we like as long as it turns a profit".
The model being pushed is this.
Your pc will have no local hard drive, all your data will be stored "in the cloud somewhere". It will cost to own one, cost to connect, cost to surf and cost to use software. There will be no ownership of any kind of media - you will rent it for a single listening/viewing. If you watch/listen with friends, they will have to pay at the same time too. The next time you listen/watch you will pay again. Everything you click on, type, view and hear will be recorded. It will be a miserable crappy internet but the corporations will be creaming themselves because they will have the ultimate subscription model. You pay, for everything, everyday without any chance of escape.
And the security agencies will get a copy of your actions/words and AI's will analyse it for subversion or likeliness of future deviance.
So, fight with every breath you have, or just boycott them all. But keep your eyes and ears open. I'd love to be wrong but I doubt it - putting the pieces together - DRM, TPM, Google surrendering info, the various Telecom spying bills. Dark days are upon us. What these companies are doing, by using this hideous crap about Intellectual Property, is chipping away at privacy and chipping away at YOUR expectations of privacy and rights. Eventually most people will give up and accept that every corporation and government has the right to continuously monitor us all to make sure we're not stealing off them or plotting to overthrow them.
After all - if you're not doing anything wrong you have nothing to fear.