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YouTube Ordered to Turn Over All User Records to Viacom

by , 10:55 AM EDT, July 3rd, 2008

YouTube users may have lost some of their privacy now that a judge has ordered its parent company Google to surrender every YouTube user's name, IP address and viewing history to Viacom. The order was issued on Wednesday at Viacom's request as part of the company's lawsuit against YouTube for copyright infringement, according to Wired.

Viacom alleged in its lawsuit that Google is responsible for allowing clips of copyright protected videos on the YouTube Web site. The company is asking for more than US$1 billion in damages.

The broadcaster is hoping that by getting its hands on YouTube's detailed records, it can show that copyright-infringing content is more popular than user-created content. Viacom plans to use the data it collects to show that Google has a higher level of liability for the copyright-protected content that appears on YouTube.

Google claims that it and YouTube are protected by a "safe harbor" law for online services because YouTube complies with copyright takedown notices.

For Viacom, however, that's not good enough. The broadcaster plans to sift through every personal record from YouTube, regardless of whether or not a user viewed Viacom owned content, and use that data as it sees fit in its case. The company also won a request that will force YouTube to provide a copy of every video it has ever pulled from the site even if those videos do not relate to Viacom.

The judge's ruling raised red flags for individuals and organizations concerned with privacy rights, and the Electronic Frontier Foundation has already responded to say that the court order is a clear violation of the Video Privacy Protection Act and "threatens to expose deeply private information." Google also requested that the requests be denied to protect user privacy.

The court disagreed with Google and the public, and called Google's argument that turning over so much information would be a violation of user privacy "speculative."

While the orders look like a landslide win for Viacom and a big loss for user privacy, the court did deny at least a few of Viacom's requests. Motions to force Google to turn over YouTube's source code, it's own advertising database schema, and copies of all videos tagged as private were denied.

What Viacom does with the massive amounts of personal information Google is required to now surrender is one concern. Another is how that will data be protected once it changes hands. Considering Viacom's goals, the likelihood that all of the private user data it obtains from YouTube will stay private seems slim.

Observer Comments

Show: Subjects Only | Full Comments
Close Name:jimothy Posts: 594 Joined: 04 Jun 2004
Subject: "Speculative"?

Let me get this straight. Google is going to turn over my IP address, and a list of every YouTube video I've ever watched, and Viacom is able to use this information however it wishes, and it's "speculative" that this violates my user privacy? Oh come on, how is there any question that this is violation of privacy?

The case was heard in the United States District Court, Southern District of New York. Fortunately, there's room to appeal. I hope Google choses to do so.

View Name:Guest
Subject: War on Consumers
View Name:Guest
Subject: class action anyone?
View Name:Guest
Subject: Viacom
View Name:Guest
Subject: Consumers
View Name:Guest
Subject: The Damage is Done
View Name:Guest
Subject: Legislative responsibility
View Name:Guest
Subject: Google got burned and we lose
View Name:Guest
Subject: Whats the difference?
View Name:Guest
Subject: Never again.
View Name:Guest
Subject: Protest with Your Dollars
View Name:Guest
Subject: And now the users sue
View Name:Guest
Subject: Privacy
View Name:Guest
Subject: jimothy
View Name:Guest
Subject: Are you serious?
View Name:Guest
Subject: Class action maybe... boycott definitely.
View Name:Guest
Subject: Privacy is a myth
View Name:Guest
Subject:
View Name:Guest
Subject: Viacom
View Name:Guest
Subject: Fight back, if only by your opinion...
View Name:Guest
Subject:
View Name:Guest
Subject: Data mining
View Name:Guest
Subject: Viacom
View Name:Guest
Subject: speculative
View Name:Guest
Subject: speculative
View Name:Guest
Subject:
Close Name:jimothy Posts: 594 Joined: 04 Jun 2004
Subject: Appeal

Quote
Guest wrote:
It won't matter if there is a appeal.
Viacom will have the data. Even if they are ordered to 'return' the information they can / will make a copy and no one will be able to prove that Viacom is using it. Sorry YouTubers but Big-Brother-Viacom is watching you now.

Of course it matters if there's an appeal. While the case is being appealed, Google wouldn't have to turn over the information.

Think, then post, not vice versa.

View Name:Guest
Subject: class action anyone?
View Name:Guest
Subject: Class action maybe... boycott definitely.
Close Name:salparadise Posts: 10 Joined: 02 Apr 2008
Subject: The coming darkness.

If you didn't stop using Google when they sold out the chinese people then you're soft in the head. Google "do what we like as long as it turns a profit".

The model being pushed is this.
Your pc will have no local hard drive, all your data will be stored "in the cloud somewhere". It will cost to own one, cost to connect, cost to surf and cost to use software. There will be no ownership of any kind of media - you will rent it for a single listening/viewing. If you watch/listen with friends, they will have to pay at the same time too. The next time you listen/watch you will pay again. Everything you click on, type, view and hear will be recorded. It will be a miserable crappy internet but the corporations will be creaming themselves because they will have the ultimate subscription model. You pay, for everything, everyday without any chance of escape.
And the security agencies will get a copy of your actions/words and AI's will analyse it for subversion or likeliness of future deviance.

So, fight with every breath you have, or just boycott them all. But keep your eyes and ears open. I'd love to be wrong but I doubt it - putting the pieces together - DRM, TPM, Google surrendering info, the various Telecom spying bills. Dark days are upon us. What these companies are doing, by using this hideous crap about Intellectual Property, is chipping away at privacy and chipping away at YOUR expectations of privacy and rights. Eventually most people will give up and accept that every corporation and government has the right to continuously monitor us all to make sure we're not stealing off them or plotting to overthrow them.
After all - if you're not doing anything wrong you have nothing to fear.

View Name:Guest
Subject: Dark Days are upon us!
Close Name:LaurieF -   TMO Forum Mod Posts: 3517 Joined: 15 Jun 2001
Subject:

Too late - you've already been spotted: http://www.youtube.com/watch?v=5T9n53DbmSk

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