Marc continues his anti-Google/Youtube arguments (see also, and also, and also). He is so upset that his earlier predictions were wrong, that he can’t admit his error. Overall, Mark claims that what Youtube is doing is illegal. But, he’s talking through both sides of his mouth.
The fact is that Youtube is not breaking the law. There is a law, called the DMCA, which specifically says that online service providers are not liable if their users upload copyrighted materials as long as the service provider promptly removes content when requested by the copyright holder. This is exactly what Youtube does, and it is legal. It’s the law.
You may not like the DMCA, but that is the law. It’s legal, and there is no debate about it.
Marc says that Youtube ought to be able to recognize which material is copyrighted as it is posted, and not allow the post to occur in the first place. That might be doable, or that might not, (I don’t think it is realistic, and Marc has yet to propose an answer to that) but that is not relevant anyway. The law has very clearly specified how service providers must deal with copyrighted content, and YouTube obeys the law.
Marc knows this, stating that Youtube is “invoking Safe Harbor”. There is no “invoking” here. The law is clear about what service providers should do. So how can he claim that this is illegal? He obviously knows it is not. He is just jealous or irrational or something.
Marc – if you don’t like the law, go write to your congressman. Or better yet, get him a hooker and season tickets to the Mavs, and get him to change the law. Keep in mind, however, that if you eliminate DMCA, you’ll not only take down YouTube, but you’ll take down MySpace, Facebook, Yahoo!, Hotmail, and hundreds of other sites. The DMCA exists for a reason – and the DMCA allows most of us that don’t download or upload copyrighted content still be able to benefit from a host of online services that otherwise couldn’t exist because they’d get sued to smithereens.