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A film studio owned by technology and media entrepreneur Mark Cuban asked a U.S. federal court to force Google to identify people who put its copyrighted videos on Google Video and YouTube, Cuban said on Wednesday.
Magnolia Pictures, whose films include "Enron: The Smartest Guys in the Room" and director Steven Soderbergh's "Bubble," asked a Dallas federal court to issue a subpoena to Google.
"We don't expect to get valid user information," Cuban said in an e-mail correspondence. "If we do, we will contact them and ask them what induced them to upload content they don't own."
Mark Cuban's Film Studio Subpoenas Google Over YouTube Videos [uk.reuters.com]
The service says it will remove copyrighted video uploaded without permission if it is notified, in accordance with U.S. law.
This is going to be very interesting. Lots of grey area here and eventually things will get sorted out. However, just shrugging your shoulders and saying "hey we don't condone people uploading copyrighted material onto our web platform" and then making money off that uploaded material might get a bit dicey. The whole, "we'll take it down if you inform us" is a little shaky legally IMHO given the size of the investment. (like you might have had some trouble borrowing the funds based upon this particular business model)
The other thing is you can hear the ticking of the monetary clock on that 1.5 billion getting a little louder every day.
p.s. tell your kids to grow up to be internet copy right lawyers; cause there is going to be a real big demand for them.
it is a hard read, but it is worth it! A subsection states, that the service provider (which would be Google in that case) must disclose the identity of the infringing party, if known...
The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.
That will be very interesting!
>> He's been grinding his axe on his blog for months. Which actually leaves him open, legally.
how so? We can't disagree with our masters, Brin & Page?
I can't even say I disagree with a lot of his axe grinding, but the fact he's been griping loud and publicly takes some of the edge off his suit.
For one, G lawyers will be able to point to his old posts and imply that the whole suit is personally motivated.
Also, even though it won't go anywhere, G will be able to counter sue for defamation. The counter suit won't have any legal merit, but it will have "negotiating" merit. It will allow them to put pressure on Cuban to drop the suit.
Even though I'm not a lawyer, I've seen these types of suits play out in other industries. Cuban has spent way too much time tipping his hand. That will give plenty for the G lawyers to work with.
I have no intention of pulling an RIAA and suing the users. I do have every attention of sending supoenas early and often to get the names and emails of users uploading our content they have pirated.
Why? To learn.
I expect that the users will have given fake information, but i want to confirm that is the case. It will be a useful data point.
More than anything? Cuban makes a strong case, that anon (freebie), email addresses are risky to a hosting/isp/forum or blog...