[A2k] Japan: YouTube 'should check copyright'
Jeff Williams
jwkckid1@ix.netcom.com
Thu Dec 7 07:23:13 2006
Andrea, Philippe, and all,
I am sure this is something that Vint Cerf should be looking
into and addressing himself. However given his recent response,
it seems he largly unconcerned or disinterested. And as such, I
as a stockholder along with other large stockholders, are
concerned.
Andrea Glorioso wrote:
> --
> 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 =
widely
> > considered as a necessary condition for the operation of on-line servic=
es, 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 Dire=
ctive
> 2000/31/EC, which I think is the European law Philippe was referring to, =
shields
> 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 improperl=
y
> > > posted, and notifies the service provider of this, upon validation, t=
he
> > > 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 Go=
ogle's
> > > "Internet evangelist" and ask him to intervene? After all, Google ow=
nes
> > > 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 o=
f
> > > > 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 measur=
es,
> > > > 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 copyri=
ght.
> > > >
> > > > YouTube, which is owned by Google, has been negotiating with leadin=
g
> > > > 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 v=
ery
> > > 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. d=
iv. 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 Nu=
mber:
> > > 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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>
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> _______________________________________________
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obediance of the law is the greatest freedom" -
Abraham Lincoln
"Credit should go with the performance of duty and not with what is
very 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 Number: 214-244-4827