Erick Schonfeld

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The recent court order directing Google (GOOG) to hand over data to Viacom (VIA) about every YouTube video ever watched strikes many people as an absurd overreach of the law into the privacy of anyone who has ever used YouTube (i.e., almost everyone on the Internet). Google should definitely keep fighting the ruling if it can.

But if it can’t, perhaps it should comply with it in a creative way. The data in question are data logs containing the records of every video watched on YouTube, by whom, and at what times. The court is also ordering that Google hand over all videos that have ever been taken down for any reason. The logs alone take up 12 terabytes. Google should print them out and deliver them on paper.

It would literally fill up the Library of Congress. That is roughly the equivalent of all the printed books in the Library of Congress (by one estimate, others put it at 20 terabytes—either way, it’s a lot of paper). The court order never states what form, the data must be delivered in.

(Photo via, appropriately enough, the Library of Congress And hat tip to reader Paul Christiansen for the original suggestion).

Original article

This article has 8 comments:

  •  
    Jul 04 11:32 AM
    as if we don't have enough issues with our environment already. Let's kill more trees while we're at it.
    Reply | Link to Comment
  •  
    Jul 04 03:16 PM
    Erick Schonfeld, we come here to read THOUGHTFUL posts. This one is pure folly, while the one on Microsoft is sensationalized to the degree of gag. We get enough of that elsewhere.
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  •  
    Jul 04 06:27 PM
    It would be nice to see the environmental activists fight it out with the privacy activists
    Reply | Link to Comment
  •  
    Jul 05 08:35 AM
    Wow ... wouldn't that be great for the envirnoment, Eric! I have a much betterr idea. Why doesn't Google quit pretending to be the mprie that "dies no evil", admit it has made ahuge mistake in the copyright protection world, and compensate those that have been alarmed appropriately.

    Why do I feel they'd rather throw their customers under the bus?

    Here's an article I wrote this week that adresses that issue. It is long but some of yoru readers may enjoy it.

    **********************...

    Ding dong ... the witch is dead!

    ... or at least she is starting to melt!

    Wow ... I would say this is very good news for the entire copyright industry. While potentially inconvenient to YouTube viewers, and understanding the importance of privacy protection in the complex world of the Internet these days, this decision by the judge in the Viacom v. Google/YouTube case in New York may be the best thing that has happened to the copyright industries in this country, and to our overall economy, in practically a decade.

    I have been following this infringment case, and others like it, now for several years. I, for one, am sick and tired of the Google's of the world blaming their own customers for all of the infringing activity that occurs day in and day out over the Google sponsored networks. Who do you think gains the most financially from these obvious infringements - Google or the poor smuck in Louisville who does not have a clue what is right or wrong, let alone what is infringing and what is not?

    In fact, if it is true that an individual typically adapts his or her production and viewing habits from what they see and are taught by the larger media, entertainment, Fortune 500, and technology companies in this country ("if this weren't legal, certainly mighty Google wouldn't encourage it as they do or run AdSense ads on the infringing sites, and Exxon/Mobile wouldn't be placing ads on the sites that are displaying the "shared" works, either") then who do we really have to blame for this chaos? You guessed it.

    It is an unfortunate reality today that many of the copyright defense lawyers, and their publicly financed clients out to make the big bucks regardless of the rules, have made a mockery of the Digital Millennium Copyright Act (the DMCA), which was signed into law in 1998 by President Clinton. Like the music industry has learned in the school of hard knocks (aka "the real world"), it is virtually impossible today to hold the middlemen in these unlawful Internet distribution channels and networks accountable. So, what do the copyright companies have to do to protect their valuable property? Go directly after the often innocent "end users" who are often sucked into this game, more often unknowingly than not. It is shameful.

    Perhaps this New York court decision will help to turn those tides.

    Google enables widespread copyright infringement activity like no other company on this planet. Google subsidizes entire networks of infringers through it Adwords and AdSense marketing and advertising programs. Google facilitates willful copyright infringement. Google enables widespread copyright infringement. Day in and day out. Google causes enormous damages to legitimate copyright holders every second of every single day. Google has been doing this for years. They earn a substantial portion of their overall revenue and profits by sponsoring illegal activities over the Internet. And their operations outside the U.S. are far more egregious than the infringement activity we see referenced in this Viacom case, which is largely within our borders.

    I, for one, have had enough. Baseless, if not ludicrous, excuses and piracy defense strategies, implemented by what used to be some of the finest copyright law firms in this country - "fair use", "safe harbor", "no harm", "unclean hands", "de minimus damage", "copyright misuse", "DMCA safeguards", "willful blindness", "laches", and on and on, can drag these cases on for years - haven't we seen it all?

    What do the legal terms all mean in Google's true vernacular? How about this. "We are big. We are powerful. We can do anything we damn well please. Quit complaining, copyright owners, or we'll cut you off from all the online revenues streams, as well". Better yet, "... if you don't conform, we'll simply run some of this stuff from our operations in Brazil , Russia , India , and China (those BRICS have plenty of money), and let them beam the content back here to the states."

    Aren't you tired of watching Google hide behind the skirt-tails of their customers. "They were the ones who loaded the illegal videos onto our system, not us." Or , better yet, "how were we to know that Bart Simpson and the Spice Girls weren't already in the 'Public Domain'?"

    Is Google alone in this? Unfortunately, the answer is no. Microsoft, AOL, Yahoo, and others are moving as fast as they can to mimic and duplicate Google's cash cow system, whether the law is violated or not. Cash is the king. And copyrights from the creative industries are not the only victims. Haven't you seen lately, similar claims (and penalties) levied against these giant Internet companies for their advertising efforts to support, or even subsidize in many cases, the distribution of harmful pharmaceutical drugs and counterfeits over the Internet, sponsor illegal gambling and pornography web sites, and many others too numerous to mention. Billions and billions and billions of dollars every single month.

    "What do you expect us to do, your honor. Try out every single drug our customers illegally deliver just because we provide the advertising revenues for them to survive?"

    This kind of unlawful activity not only helps to destroy our economy, it breaks down the moral fiber of our society. What makes you think this young generation that has grown up witnessing these wide scale unlawful activities delivered to them (usually "free of charge") via the Internet, will be able to draw a distinction between the virtual world and the physical world where STEALING is concerned as they get older and have to put food on a table full of their own babies and elderly parents? The jury is still out on that one.

    I applaud the nerve, and the intelligence, of the judge up there in New York who presides over this case between Google and Viacom. Maybe your recent ruling will cause all of these Internet parasites to wake up and see the error of their ways before it is too late for all of us.

    As a pleasant footnote to copyright holders. Do you think the judge would have allowed the complete user logs of YouTube to be released in this case if the outcome of this case was not leaning in Viacom's direction? I certainly do not. This may, indeed, be one of the most important weeks in the history of protecting the original works of copyright owners in this country ... one of the few absolute rights that was guaranteed to all of us in our Constitution over 200 years ago.

    Congratulations New York . Congratulations copyright holders. It must feel good to know you have some judges up that way have your best interests at heart in enforcing our critically important (and "endangered"... copyright laws and maintaining the delicate balance between managing and policing unbridled growth (i.e. "growth at ANY cost") over the Internet and maintaining our vital and long standing ethical, moral, and legal business practices going forward, while looking out for your best interests.

    ... which old witch ... the wicked witch!

    George P. Riddick, III
    Chairman/CEO
    Imageline, Inc.

    griddick@imageline2.co...




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  •  
    Jul 05 08:44 AM
    When Chinese government asked Google, Yahoo, and other Internet companies for the lists of users who had accessed certain websites, that ended up in certain arrests, there was a huge hue and cry, even a congressional investigation. Now, a U.S. company is asking for the same and it may ended up making certain people (this time, a very large number of people) criminals, why there is no such hue and cry? Are American people valued less than Chinese, even by ourselves? Or, are American corporations mightier than Chinese government?
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  •  
    Jul 05 09:52 AM
    At what point do we stop thinking about money and start thinking about responsibility? If the infringer is the peon posting an illegal bit on youtube, the peon should be punished. Why stop because there are so many? The penalties should be collected by the government and all those fines added to the tax collection, reducing the taxes of those of us who are NOT breaking the law. I'm not breaking the law and many others are not breaking it also. Why should WE pay when someone else does? Find the peons, string them up by their testicles and nipples and shake the fines from their pockets. Leave the rest of us alone.
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  •  
    Jul 05 10:21 AM
    AWESOME IDEA !!
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  •  
    Jul 05 04:42 PM
    So don' don't print it on paper. Use Microfiche. It would be just as cumbersome to digest the information and wouldn't cost near as much to produce.
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