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'I Know You(Tube) Are, But What Am I!': SJ Briefs Unsealed in Viacom Case

By Eric Lipman

Yesterday, the Southern District of New York unsealed the dueling summary judgment briefs in the mega-copyright case of Viacom v. YouTube. And the blawgers are abuzz. Eric Goldman at the Technology & Marketing Law Blog has a very thorough breakdown of the arguments, pulling out some choice highlights and even giving readers handy page references. Some examples: YouTube takes Viacom to task for not even being able to keep track itself of which clips it had authorized for posting and which it hadn't and exposes in some detail Viacom's use of a boatload of marketing firms to "stealth upload" clips, even making them look degraded in quality. To avoid being traced, Viacom apparently sent its own employees to Kinko's to upload clips to YouTube. For its part, Viacom did a decent job in getting some juicy material in discovery. Like the fact that one of the founders of YouTube, Jawed Karim, was scolded by his colleagues for uploading pirated material himself. And that YouTube management estimated that 75-80 percent of the site's content was unauthorized. Oh, and that YouTube personnel referred to their baby as a "video Grokster." Eesh. Big picture, Goldman observes that the briefs "largely talked past each...

Full post as published by Legal Blog Watch on March 19, 2010 (boomark / email).