One class says "Geez, <prosecution> are idiots for not recognizing the potential for new revenue and partnering with YouTube!"
The other class says "Yep, YouTube is a criminal racket hiding behind a thin veneer of flimsy, untested law -- it's amazing they've gotten away with it for so long."
Granted, both could be right (they're not strictly contradictory). But I tend to align more with the latter camp.
This doesn't mean I think YouTube is morally abject. Rather, I think the law is stupid. (Both the law they're guilty of breaking, and the law they use as a defense.) But the law is the law, and it's frustrating to see YouTube profit from such blatant criminal activity** while so many others -- most of who were far more creative in either trying to comply with or circumvent the law -- were ground into dust.
** Yes, I realize the jury's out on what fraction of today's traffic is copyright infringing. But there's little debate that YouTube's founding principle was massive copyright infringement, and only through a stroke of luck and the grace of time has managed to attract a sufficiently non-criminal userbase to maintain plausible deniability.
posted by David Barrett at 2:09 AM on Jul 31, 2008
"Another YouTube lawsuit, more of the same"
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