Shaun Nichols in San Francisco, vnunet.com04 Jul 2008
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Google has been ordered to disclose a whopping 12 terabytes of logs which
detail every video watched by every user of YouTube.
The decision is part of a copyright case Google is fighting against Viacom
and its subsidiaries.
The $1bn case revolves primarily around user uploaded videos of Comedy
Central and MTV shows.
After a request that YouTube remove some 100,000 videos, Viacom filed the
suit and accused of Google profiting directly from stolen content.
US District Court Judge Louis Stanton granted Viacom's request for the logs,
saying that the database is essential in deliberating whether YouTube profited
from the infringing videos.
"They need the data to compare the attractiveness of allegedly infringing
videos with that of non-infringing videos," wrote Judge Stanton.
"A markedly higher proportion of infringing video watching may bear on
plaintiffs' vicarious liability claim, and defendants' substantial
non-infringing use defence."
The judge also granted a motion by Viacom to release YouTube's archive of
removed videos. Two other motions asking for the disclosure of the site's search
and advertising code were denied.
Civil rights groups were quick to pounce on the decision. The Electronic
Frontier Foundation said in a statement that the judge's decision will violate
user privacy and the Federal Video Privacy Protection Act.
"The court's erroneous ruling is a setback to privacy rights, and will allow
Viacom to see what you are watching on YouTube," said the EFF.
"We urge Viacom to back off this overbroad request and Google to take all
steps necessary to challenge this order and protect the rights of its users."
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