You are here

Intellectual Property

Why Viacom Likely Wins Viacom-Google Copyright Appeal

Viacom is likely to ultimately prevail in its appeal of the lower Court decision in the seminal Viacom vs. Google-YouTube copyright infringement case.

  • If one only reads either the lower court's decision or the press reports of it, without considering likely appellate arguments and the broader constitutional context of copyright protection, it is easy to missread the likely ultimate outcome here. 
  • Both sides agreed to an expedited summary judgment process in the lower court, because both sides fully expected this case to ultimately be decided at the appellate level, and most likely by the U.S. Supreme Court.
  • Expect the Second Circuit Court of Appeals in New York to decide Viacom's appeal in 2011 and the Supreme Court to likely take the case and decide it in 2012 -- given how central this case is to maintaining copyright protection in the Internet age.

Why is Viacom likely to prevail on appeal?

Americans want online privacy -- per new Zogby poll

American consumers clearly want online privacy, per a national poll conducted over the weekend by Zogby International, that was commissioned by Precursor LLC. 

  • In a nutshell, over 80% of Americans are concerned about the security and privacy of their personal information on the Internet; about 90% of Americans consider some common industry behaviors to be unfair business practices; and about 80% of Americans support a variety of stronger consumer protections of their privacy online.

More specifically, this Zogby poll asked eight timely questions that are highly pertinent to:

The Atlantic smooches Google in cover story

Whatever the Atlantic's national correspondent Mr. James Fallows calls his Atlantic cover story: "Google: Inside the company's daring plan to save the news (and itself)," it can't be journalism.

It was one of the most vacuous 12-page puff pieces I have ever read. Like Jeff Jarvis described: "It doesn’t break a single new nugget of news." It was the literary equivalent of a puppy jumping up incessantly to lick the face of the person in closest proximity. 

How ironic is it that a journalist, that made a point of telling the reader that he taught journalism for several years, wrote the functional equivalent of Google PR brochure extolling all the good Google has done for journalism/newspapers -- with no journalistic critical thinking or balance.   

It is hard to fathom that in twelve pages there were:

Questions for Google on its Latest Act of Privacide -- Part XXI Privacy vs. Publicacy series

Google's latest privacy-killing act of privacide is "Google's roving Street View spycam," which is not only taking pictures, but is also scanning to log WiFi network addresses and unique Media Access Control (Mac)addresses per Andrew Orlowski's excellent scoop at the Register.

Google's Titanic Security Flaws -- "Security is Google's Achilles Heel" Part VIII of Series

Well informed reports (that Google will not deny), that hackers breached Google's most sensitive software code, the Gaia password system, surface titanic security flaws at Google.     

Why Google is too big not to fail. 

1.  "Bigtable" Storage design: How Google stores and accesses "all the world's information" in and from its data centers is: "'Bigtable:' a Distributed Storage System for Structured Data." It is Google's innovation to maximize scalability, speed and cost efficiency -- not security, privacy, or accountability. Simply, Bigtable is an "all eggs in one basket" approach to information storage and access.

Google's Liability Decade: Why Google's leadership ducks investors

The abrupt change, that Google's CEO Eric Schmidt will no longer be accountable to shareholders on Google's earnings calls, should prompt investors to ask why? 

  • Google claimed that they wanted to put more focus on Google's strong financials, but they did not disclose any more than Google's usual barest of minimum of information to investors.  
  • The most obvious reason for this abrupt change is the literal explosion of real franchise liabilities and risk overhangs to Google that reared their ugly heads this past quarter. 
    • Had CEO Schmidt been available to answer investor questions, Google's exploding liabilities could have dominated the Q&A and the investment narrative coming out of the earnings call.

What has changed, and what Google has been not been open about, is the very serious ripening of three different types of going-forward franchise risks (antitrust, privacy/security, and intellectual property) that cumulatively herald a de facto change in Google eras: from the roaring "Growth Decade" of 2000-2009, to the more unpredictable "Liability Decade" of 2010- 2019.

Don't miss great op-ed "It's about Search, Stupid"

Don't miss an outstanding op-ed by Devereux Chatillon entitled "It's about search Stupid" about the Google Book Settlement.

It is on point, insightful and has great clarity of thought.

It also employs a brilliant metaphor to capture the essence of Google's monopoly power -- search as a map.

  • "If websites, databases and other content are the landscape of the virtual world, then search engines are the maps. Without search engines, the landscape is confusing and getting lost a certainty. With them, finding one's way through the dense forest of information is possible if occasionally made difficult with unexpected detours and dead-ends. Disappearing from the results of dominant search engines leads to invisibility. And if one has a website, a blog, an ecommerce site, or a database that no one knows exists, it is useless."
  • Please click here to read on.

 

 

 

 

How Google and China are alike

Ever since Google announced it suffered a cyber-attack from China, Google's legendary PR machine has gone into overdrive, opportunistically framing the conflict as a good versus evil story, and positioning Google as the Internet's benign superpower defending free expresssion, and as a new kind of business that puts morality before money.   

  • Google understands it is easy to politically demonize China, because China's pervasive censorship and trampling of fundamental freedoms and human rights offend all freedom-loving people.

However, those willing to look behind the curtain of Google's self-serving political rhetoric here, will discover that many of the attributes that offend so many people about China, Google shares to an unfortunate extent.

  • Let's review four significant strategic similarities between Google and China -- brought to you in Google's own words.

First, Google's leadership, like China, has affirmatively chosen to not be democratically accountable.

Viacom vs Google evidence has big antitrust implications

Wow. The evidence Viacom unearthed in discovery in their $1b copyright infringement suit against Google is surprisingly damning. The evidence shows willful, premeditated, deceptive, and organized efforts by YouTube, Google and Google-YouTube to infringe copyrights for anti-competitive and financial gain.

  • Read the quote summary first here, then review the copious evidence/history in the 86 page Viacom Statement of Facts here, and then review Viacom's Summary Judgement memo of law here

So what are the broader antitrust implications of all this new and serious evidence of illegal activity and misconduct by Google-YouTube?

First, DOJ really blew it for not even asking for a second request of information on Google's acquisition of YouTube.

Google opposes public access to Viacom-YouTube filings -- Google's Discovery Risks -- Part I

A potential flood of very illuminating documents and information about the inner workings of Google are likely to be released soon by the Federal Court hearing Viacom's $1 billion copyright infringement lawsuit against Google-YouTube, despite strong Google opposition to the court's release of the information Viacom found in "discovery."

Pages

Q&A One Pager Debunking Net Neutrality Myths