Quote:
Originally Posted by Chief
So how does the judge determine which clips were uploaded by viacom themselves to award damages? Although there are some smoking guns I have a feeling there won't be a definitive judgement.
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viacom and licienee uploaded/fair use authorizes clips are a defence not a complaint they don't get damages
btw viacom admitted to 50 mistakes themselves and courts recognized multiple that they "honestly believed" were infringement
http://www.eff.org/deeplinks/2007/02...et-let-us-know
they allow youtube to claim that their actions are legal and fully protected by the safe harbor because they can't tell the difference until AFTER the takedown process has run it course.
btw it not just youtube who are making such arguements but free speech organizations
http://www.eff.org/press/archives/2010/04/12
unlike the business vs thieves light that has been used to cloud the rulings
this one doesn't have that ability
independent free speech organizations are standing up for google
which means it
greedy corporation vs peoples right to express themselves