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Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

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Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#1
The article is a good summary, but you should really read the entire ruling. Really important stuff for any company that takes advantage of the DMCA safe harbor.

Io v. Veoh: Important ruling for sites comprised of 'user-generated content'
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Re: Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#2
This is a good day for user-generated site owners, and it sounds like their willingness to comply with the law is what saved them. I guess that's the difference between them getting off the hook and other sites who just "play dumb" to having tons of illegal content and end up being held responsible for it. Still, with many such sites nowadays, they're just providing search results, not much different than Google...

Re: Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#3
post #2

This is a good day for user-generated site owners, and it sounds like their willingness to comply with the law is what saved them. I guess that's the difference between them getting off the hook and other sites who just "play dumb" to having tons of illegal content and end up being held responsible for it. Still, with many such sites nowadays, they're just providing search results, not much different than Google...

[deleted]

Re: Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#4
post #2

This is a good day for user-generated site owners, and it sounds like their willingness to comply with the law is what saved them. I guess that's the difference between them getting off the hook and other sites who just "play dumb" to having tons of illegal content and end up being held responsible for it. Still, with many such sites nowadays, they're just providing search results, not much different than Google...

"Still, with many such sites nowadays, they're just providing search results, not much different than Google..."

Veoh, YouTube, and "such sites" host the videos and aren't search engines. Since the videos in violation would be hosted on their servers rather than merely linked to, they have much different requirements under the DMCA and copyright law than Google.

Re: Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#5
post #4
post #2

This is a good day for user-generated site owners, and it sounds like their willingness to comply with the law is what saved them. I guess that's the difference between them getting off the hook and other sites who just "play dumb" to having tons of illegal content and end up being held responsible for it. Still, with many such sites nowadays, they're just providing search results, not much different than Google...

"Still, with many such sites nowadays, they're just providing search results, not much different than Google..." Veoh, YouTube, and "such sites" host the videos and aren't search engines. Since the videos in violation would be hosted on their servers rather than merely linked to, they have much different requirements under the DMCA and copyright law than Google.

I guess I wasn't clear, but that last line was referring to the other sites, the ones "playing dumb" about having tons of illegal stuff on them and doing nothing about it. Generally, many of _those_ sites nowadays are simply search engines (many torrent sites or sites like binsearch, for example), which seems to be how they argue around having to care about copyright issues. Thanks for pointing that out though, better to be clear :)

Re: Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#6
Just remember: Veoh had the deep pockets necessary to fight this in court and take it all the way to a decision. While that may be the case for larger sites, it's totally different for the small sites. If you can't afford the court costs to defend yourself, you lose as soon as the suit is filed.

Re: Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#7

Just remember: Veoh had the deep pockets necessary to fight this in court and take it all the way to a decision. While that may be the case for larger sites, it's totally different for the small sites. If you can't afford the court costs to defend yourself, you lose as soon as the suit is filed.

Not entirely true. The US runs completely on case law, so having a precedent like Veoh helps you out a lot. People will be less willing to even take you to court if they see that it's likely they'll lose under a similar ruling. And if you do get to court, your burden will basically be to live up to whatever Veoh did.

Re: Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#9
post #8

Take a look at page 16, line 28 in the decision :) Also page 6 line 26. I don't know if judges should really be using wikipedia that way - what if it was vandalized on the day they checked it?

The lines in question:

"Neither side explained precisely what a Flash file is, but this court understands it to be the name of a file format used to transmit videos over the Internet. See http://en.wikipedia.org/wiki/Flash_format."

"The court takes judicial notice of the Wikipedia definition of “IP address” as to the fact that an IP address may be shared by multiple users. This is not a matter that is subject to reasonable dispute."

Re: Io v. Veoh: Important ruling for sites comprised of 'user-generated content'

#10
post #8

Take a look at page 16, line 28 in the decision :) Also page 6 line 26. I don't know if judges should really be using wikipedia that way - what if it was vandalized on the day they checked it?

Is "Site complies with law, wins law suit" less of a story than "Judge cites Wikipedia definitions in ruling"?

In this city a high school student who cites Wikipedia without a secondary source gets a (provisional) F.

If Wikipedia is an authority sufficient for the judiciary the world really has transitioned from the Britannica era.

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