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Netopalis
July 3rd, 2008, 10:58 AM
Google must divulge YouTube log
Google
Google owns video site YouTube

Google must divulge the viewing habits of every user who has ever watched any video on YouTube, a US court has ruled.

The ruling comes as part of Google's legal battle with Viacom over allegations of copyright infringement.

Digital rights group the Electronic Frontier Foundation (EFF) called the ruling a "set-back to privacy rights".

The viewing log, which will be handed to Viacom, contains the log-in ID of users, the computer IP address (online identifier) and video clip details.

While the legal battle between the two firms is being contested in the US, it is thought the ruling will apply to YouTube users and their viewing habits everywhere.

Viacom, which owns MTV and Paramount Pictures, has alleged that YouTube is guilty of massive copyright infringement.

The UK's Premier League association is also seeking class action status with Viacom on the issue, alleging YouTube, which was bought by Google in 2006, has been used to watch football highlights.

Legal action

When it initiated legal action in March 2007 Viacom said it had identified about 160,000 unauthorised clips of its programmes on the website, which had been viewed more than 1.5 billion times.

Following the launch of its billion-dollar lawsuit, YouTube introduced filtering tools in an effort to prevent copyright materials from appearing on the site.



The US court declined Viacom's request that Google be forced to hand over the source code of YouTube, saying it was a "trade secret" that should not be disclosed.

But it said privacy concerns expressed by Google about handing over the log were "speculative".

Google's senior litigation counsel Catherine Lacavera said in a statement: "We are disappointed the court granted Viacom's over-reaching demand for viewing history.

"We will ask Viacom to respect users' privacy and allow us to anonymise the logs before producing them under the court's order."

The ruling will see the viewing habits of millions of YouTube users given to Viacom, totalling more than 12 terabytes of data.

Viacom said it wanted the data to "compare the attractiveness of allegedly infringing video with that of non-infringing videos."

'Erroneous ruling'

Leading privacy expert Simon Davies told BBC News that the privacy of millions of YouTube users was threatened.


The chickens have come home to roost for Google
Simon Davies, privacy expert

He said: "The chickens have come home to roost for Google.

"Their arrogance and refusal to listen to friendly advice has resulted in the privacy of tens of millions being placed under threat."

Mr Davies said privacy campaigners had warned Google for years that IP addresses were personally identifiable information.

Google pledged last year to anonymise IP addresses for search information but it has said nothing about YouTube data.

Mr Davies said: "Governments and organisations are realising that companies like Google have a warehouse full of data. And while that data is stored it is under threat of being used and putting privacy in danger."

The EFF said: "The Court's erroneous ruling is a set-back to privacy rights, and will allow Viacom to see what you are watching on YouTube.

"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."

The body said the ruling was also potentially unlawful because the log data did contain personally identifiable data.

The court also ruled that Google disclose to Viacom the details of all videos that have been removed from the site for any reason.


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Patently ridiculous - there is no reasonable use for these IP addresses as it pertains to this case. There are easier ways to determine the popularity of videos on YouTube. This is a bald assault on privacy by an organization that refuses to adapt to modern modes of communication - I argue that, like the radio, media companies must learn to adapt to these new forms of presentation, or else be lost to obscurity and a market that has long-since moved on.

GoldPhoenix
July 3rd, 2008, 02:02 PM
This seems... ridiculous.


If there's a copy right infringement, you go over to the website, and demand that you take it down.

You don't walk into the company's office, tell them they're going to give you logs that you believe will prove that you owe them, sue them, pay off a judge, cancel one of their classic shows, violate user's privacy agreements, and then tell everyone to screw off. As I recall, our law is not supposed to work like that.

Okay, canceling a classic show may not be related, but that's not important.


Viacom also produces MTV, so what do we expect from them, anyways?

CliveStaples
July 3rd, 2008, 02:28 PM
That's a great point, GP, and I've seen some lawyers make the same point on various blogs, like Ace of Spades (To view links or images in this forum your post count must be 3 or greater. You currently have 0 posts. se):


I still don't see why YouTube isn't protected under the safe harbor provisions of the DMCA. For that matter, what interest does Viacom have in "comparing the attractiveness" of all video clips? If the case turns on direct infringement, Viacom needs to know only about the viewing of allegedly infringing videos. On the other hand, if the case is about vicarious or contributory infringement, YouTube should fall under the DMCA.

Snoop
July 3rd, 2008, 05:07 PM
I don't know if Viacom (or the courts) realize that every time someone watches an "unauthorized" video on You Tube, the watcher is more likely to buy the music or go to a concert - so Viacom profits anyway.

If they go through my viewing habits they will find a hodgepodge of junk that is 50 years old or worthless crap that no one wants to see anyway.

Aspoestertjie
July 5th, 2008, 07:50 AM
I bet there are a few people who worry about this. :lol: I feel sorry for them actually. It makes you think how private is the internet really. I know I don't feel safe at all. I always feel like someone is watching me. This just shows me that your privacy does not count for much when it comes to money.

Netopalis
July 7th, 2008, 05:35 AM
Well, I suppose that my concern is due to my idea that internet law will be the next great civil rights concern in American history, and right now, it appears that we are erring on the side of the companies rather than on the side of liberty. It seems to me that it sets a dangerous precedent and opens the doors for even more government exploitation of the internet.