[A2k] Japan: YouTube 'should check copyright'

Wed Dec 6 10:12:01 2006

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Dear all,

On Wed, Dec 06, 2006 at 02:01:45PM +0100, Philippe Aigrain wrote:
> I confirm that this practice (obligation of takedown after justified
> injunctions but no obligation of a priori checks) is also codified in
> European law, and that the absence of obligation of a-priori checks is wi=
dely
> considered as a necessary condition for the operation of on-line services=
, in
> particular those that give their users the ability to create and make
> accessible contents.

You might however be interested in knowing about a recent - and ongoing
- case in Italy which involves Google & YouTube.  Apparently Google
Italia is under criminal investigation because of an alleged "omission
to impede a crime from happening", the crime being the upload of a video
on YouTube depicting an assault on a disabled person.

I don't have enough details on the case; the reports I've been seeing
seem to refer to an analogy with the responsibility of newspaper
editors, which is however legally implausibile given the general
principle of Italian criminal law that interpretation by analogy, if it
is "in malam partem" (to the detriment of the accused party) is
prohibited.

Other commentators have argued that the Italian implementation of EU Direct=
ive
2000/31/EC, which I think is the European law Philippe was referring to, sh=
ields
Google from any obligation to control content posted by YouTube users.

I believe an article on the matter should come out in the forthcoming
issue of EDRI-Gram.

Best,

Andrea

> Philippe Aigrain
>
> Le mercredi 6 d=E9cembre 2006 10:25, Vint Cerf a =E9crit :
> > The standard practice in the online industry is called "notice and
> > takedown" - if someone discovers copyright material that is improperly
> > posted, and notifies the service provider of this, upon validation, the
> > material is removed.
> >
> >
> > Vinton G Cerf
> > Chief Internet Evangelist
> > Google
> > Regus Suite 384
> > 13800 Coppermine Road
> > Herndon, VA 20171
> >
> > +1 703 234-1823
> > +1 703-234-5822 (f)
> >
> > vint@google.com
> > www.google.com
> >
> >
> > -----Original Message-----
> > From: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
> > Sent: Wednesday, December 06, 2006 2:33 AM
> > To: Michelle Childs
> > Cc: a2k@lists.essential.org; vinton g. cerf
> > Subject: Re: [A2k] Japan: YouTube 'should check copyright'
> >
> > Michelle and all,
> >
> >   Maybe Japanese right holders should forward all these incodencents
> > directly to Vint Cerf, self appointed "Father of the internet" and Goog=
le's
> > "Internet evangelist" and ask him to intervene?  After all, Google owne=
s
> > YouTube now.
> >
> >   As a stock holder of Google myself, I find YouTube's lack of
> > professionalism appalling and not expectable.
> >
> > Michelle Childs wrote:
> > > http://news.bbc.co.uk/2/hi/technology/6209414.stm
> > >
> > > YouTube 'should check copyright'
> > >
> > > Video website YouTube should proactively check if videos infringe
> > > copyright, a group representing Japanese rights holders has said.
> > >
> > > The Japan Society for Rights of Authors, Composers and Publishers
> > > wants videos checked before they go online.
> > >
> > > More than 100m videos are watched each day via YouTube and many are
> > > posted without necessary permissions.
> > >
> > > Last month 30,000 clips were taken down by YouTube at the request of
> > > the Japanese entertainment group.
> > >
> > > YouTube's policy has been to remove clips that infringe copyright
> > > after it receives complaints.
> > >
> > > The current system "is not functioning well due to the [continued]
> > > large volume of illegal uploads," said the letter, reported the
> > > Associated Press.
> > >
> > > 'Vulnerable'
> > >
> > > YouTube is seen by some analysts as vulnerable to legal claims for
> > > distributing content owned by other media.
> > >
> > > The Japanese group has written to YouTube asking for a preliminary
> > > screening system for video clips and a series of provisional measures=
,
> > > including posting messages in Japanese about "illegal uploads".
> > >
> > > The group also wants uploaders - people who post videos online - to
> > > have to register their details and face bans if they violate copyrigh=
t.
> > >
> > > YouTube, which is owned by Google, has been negotiating with leading
> > > copyright holders and reached agreement with several firns, letting
> > > the website post copyrighted music videos and other content in
> > > exchange for sharing advertising revenue.
> > >
> > > The website has licensing deals with CBS and three major recording
> > > companies: Warner Music, Universal Music Group and Sony BMG Music
> > > Entertainment.
> > >
> > > _______________________________________________
> > > A2k mailing list
> > > A2k@lists.essential.org
> > > http://lists.essential.org/mailman/listinfo/a2k
> >
> > Regards,
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
> > "Obedience of the law is the greatest freedom" -
> >    Abraham Lincoln
> >
> > "Credit should go with the performance of duty and not with what is ver=
y
> > often the accident of glory" - Theodore Roosevelt
> >
> > "If the probability be called P; the injury, L; and the burden, B;
> > liability depends upon whether B is less than L multiplied by
> > P: i.e., whether B is less than PL."
> > United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
> > =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > Updated 1/26/04
> > CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div=
. of
> > Information Network Eng.  INEG. INC.
> > ABA member in good standing member ID 01257402 E-Mail
> > jwkckid1@ix.netcom.com Registered Email addr with the USPS Contact Numb=
er:
> > 214-244-4827
>
> Philippe Aigrain (personal message)
> http://paigrain.publicdebate.net
> _______________________________________________
> A2k mailing list
> A2k@lists.essential.org
> http://lists.essential.org/mailman/listinfo/a2k

--
Andrea Glorioso            Assistant Researcher, Politecnico di Torino
    Dipartimento di Automatica e Informatica, Internet Media Group
       Corso Duca degli Abruzzi, 24 - 10129 Torino (TO) - Italy
     T: +39-011-564-7036 M: +39-348-921-4379 F: +39-011-564-7099

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